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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

181: Effect of transfer to chief executive

You could also call this:

"What happens when a council's jobs are given to the chief executive"

If a territorial authority gives some of its jobs to the chief executive under section 179, it is no longer responsible for doing those jobs. You need to know that the chief executive then becomes responsible for doing those jobs. The chief executive's jobs are also extended to include the new ones they got from the territorial authority.

When the chief executive gets new jobs, they can decide to get help from others to do them. The chief executive can make a contract with someone else to do the jobs that were transferred to them. This means the chief executive does not have to do all the jobs themselves.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996289.

Topics:
Government and voting > Local councilsHealth and wellbeing > Food and water safety
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180: Transfer agreement, or

"Agreeing to pass on jobs and responsibilities in writing"

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182: Change, revocation, or relinquishment of transfer, or

"Changing or taking back jobs given to the chief executive"

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

181Effect of transfer to chief executive

  1. If a territorial authority transfers any functions, duties, or powers under section 179, that territorial authority ceases to be responsible for the performance or exercise of those functions, duties, and powers.

  2. If functions, duties, and powers are transferred under section 179,—

  3. the chief executive is responsible for the performance or exercise of those functions, duties, and powers; and
    1. the functions, duties, and powers of the chief executive are deemed to be extended as necessary to enable the chief executive to carry out, perform, and exercise the functions, duties, and powers transferred to him or her; and
      1. the chief executive may contract out, or enter into, arrangements for the carrying out of the transferred functions, duties, and powers.