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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Territorial authorities - Transfer of territorial authority's functions, duties, and powers to chief executive

179: Transfer of functions, duties, and powers to chief executive

You could also call this:

"When a council can give some of its jobs to the chief executive"

If you are a territorial authority, you can give some of your jobs to the chief executive, but only if they agree. You can only do this if you follow the rules. The chief executive must agree to take on the jobs you want to give them.

You cannot give the chief executive all of your jobs, especially ones like deciding who can register food control plans or giving advice about food safety. You also cannot give them jobs that are related to being a recognised agency or jobs that involve reporting and administration.

Before you can give the chief executive any of your jobs, you must make sure you have done what section 180 says you must do. You must also either include the plan to give them your jobs in your long-term council community plan or use a special consultation process, like the one in section 83 of the Local Government Act 2002, and tell the chief executive about your plan beforehand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996287.

Topics:
Health and wellbeing > Food and water safetyGovernment and voting > Local councilsBusiness > Industry rules
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178: Records of transfer, or

"Keeping track of jobs given to other councils"

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180: Transfer agreement, or

"Agreeing to pass on jobs and responsibilities in writing"

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Territorial authorities: Transfer of territorial authority's functions, duties, and powers to chief executive

179Transfer of functions, duties, and powers to chief executive

  1. A territorial authority that has functions, duties, and powers under this subpart may transfer those functions, duties, and powers to the chief executive if the chief executive agrees to the transfer.

  2. However, subsection (1) is subject to subsections (3) and (4).

  3. A territorial authority may not transfer all or any of the following, including any related powers or duties:

  4. its power to transfer functions, duties, and powers under subsection (1):
    1. its function of receiving applications for registration of food control plans and of food businesses subject to national programmes:
      1. its function of disseminating information and providing advice to promote the safety and suitability of food to food businesses and the public:
        1. its function as a recognised agency:
          1. any administrative and reporting functions relating to paragraphs (a) to (d).

            1. A territorial authority may not transfer any functions, duties, or powers under this section unless the requirements of section 180 are satisfied and either of the following applies:

            2. the territorial authority has included the proposal for the transfer in its long-term council community plan; or
              1. the territorial authority has done both of the following:
                1. used the special consultative procedure set out in section 83 of the Local Government Act 2002; and
                  1. given prior notice to the chief executive of the proposal.