Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Territorial authorities - Monitoring performance of functions and duties, and exercise of powers, by territorial authorities

184: Powers of chief executive for monitoring performance of functions and duties and exercise of powers

You could also call this:

"The boss of the food safety team can check how well local councils are doing their food safety jobs."

The chief executive can check how well territorial authorities are doing their jobs and using their powers under the Food Act 2014. You can think of territorial authorities like local councils. The chief executive can also ask a territorial authority for a report about how it is carrying out its role, as specified in sections 19 and 173.

The chief executive needs to be able to get all the information they need to do this job. This means they must be able to see all relevant information that a territorial authority has, and they must be able to go to any place where that information is kept. The chief executive can also tell a territorial authority how often it must report and what the report should include.

If the chief executive needs more information, they can ask a territorial authority to supply it or answer questions about how it is doing its job. They can also ask someone who has relevant information to give it to them in a specific way. Relevant information is anything that relates to a territorial authority's job under the Food Act 2014, and it can be kept in any form, like on a computer or on paper.

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183: Records of transfer, change, etc, or

"Keeping track of changes to jobs and responsibilities"


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185: Reviews initiated by Minister, or

"The Minister checks if councils are doing their food safety job properly."

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Territorial authorities: Monitoring performance of functions and duties, and exercise of powers, by territorial authorities

184Powers of chief executive for monitoring performance of functions and duties and exercise of powers

  1. The chief executive may—

  2. monitor the performance of functions and duties and the exercise of powers by territorial authorities under this Act; and
    1. request a report from a territorial authority in relation to the carrying out of its role specified in sections 19 and 173.
      1. For the purposes of this section, the chief executive—

      2. must have full access at all reasonable times to—
        1. all relevant information that is in the possession or control of a territorial authority; and
          1. any place where that information is kept:
          2. may impose any requirements on a territorial authority as to the form and content of reports and the frequency of reporting:
            1. may require a territorial authority to—
              1. supply any relevant information; or
                1. answer any question that relates to its performance of functions and duties and the exercise of its powers under this Act:
                2. may, by written notice, require a person with possession or control of any relevant information to supply to the chief executive, in a manner specified in the notice, all or any of that information.
                  1. Subsection (2) does not limit any Act that imposes a prohibition or restriction on the availability of any information.

                  2. In this section, relevant information

                  3. means any information of any description that relates to the performance by a territorial authority of its functions and duties, and the exercise of its powers, under this Act; and
                    1. includes information that is kept in any form (whether in electronic form or otherwise).