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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Territorial authorities - Review of territorial authorities

186: Terms of reference

You could also call this:

"What the Minister looks at when checking how well a territorial authority is doing its job"

When a review of a territorial authority happens, the Minister decides what the review will cover. The Minister must include two main things in the review: how well the territorial authority did its job during the review time and before, and how this might affect its future performance. You can think of this like checking how well a student did in school and how it might affect their future studies.

The Minister looks at how the territorial authority did all its jobs and tasks, considering things like how it used its powers under the Food Act 2014. The Minister also thinks about whether the territorial authority has good plans and systems in place to do its job, and if it has enough resources and skills to do its work. This helps the Minister understand how well the territorial authority is working and what it can do better.

The Minister considers many factors when reviewing the territorial authority's performance, including whether it has passed on some of its jobs to others or worked with other groups. This information helps the Minister make a fair decision about the territorial authority's performance. You can imagine this like a teacher evaluating a student's overall performance in school.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996296.

Topics:
Health and wellbeing > Food and water safetyGovernment and voting > Local councils
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185: Reviews initiated by Minister, or

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

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187: Minister to consult on terms of reference, or

"The Minister must discuss what a review of a local council will look at with the council and others."

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Territorial authorities: Review of territorial authorities

186Terms of reference

  1. The Minister may determine the terms of reference for each review of a territorial authority.

  2. The terms of reference must include—

  3. the territorial authority’s performance during the time of review and any earlier period as determined by the Minister; and
    1. the impact on the territorial authority's potential future performance.

      1. In considering the territorial authority’s performance under subsection (2), the Minister must consider the performance of all or any, as appropriate to the scope of the review, of the functions and activities of the territorial authority, taking into account, without limitation, the following factors:

      2. the extent to which it has exercised its powers under this Act; and
        1. the extent to which it has established strategies, policies, processes, and systems relating to its functions, duties, and powers; and
          1. the extent to which it is resourced and has built capacity to enable it to perform its functions and duties, and to exercise its powers; and
            1. the extent to which and the manner in which it has, or has attempted to, transfer or contract out its functions, duties, and powers.