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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Territorial authorities - Non-performance by territorial authority

193: Powers of Minister in relation to non-performance by territorial authority

You could also call this:

"Minister can take over a local council's job if it's not doing its work properly"

The Minister can appoint someone to do a territorial authority's job if they think the authority is not doing its job properly. You might wonder what this means - a territorial authority is like a local council that helps keep your community safe and healthy. The Minister can choose someone like a chief executive, another territorial authority, or a special group to take over the authority's responsibilities.

The Minister will only do this if the territorial authority has not fixed problems that were pointed out in a report, like the one mentioned in section 191, or if the authority cannot do its job well enough.

Before the Minister makes this decision, they must tell the territorial authority what they plan to do and give them at least 20 working days to respond. The Minister must also think about any responses they get from the authority and make sure the person or group they choose agrees to take on the responsibility, as outlined in section 194.

When the Minister makes this decision, they must say exactly what jobs or responsibilities are being transferred to the new person or group. However, there is one exception - the Minister cannot transfer a job that is already being done by a special group that is recognised by the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996304.

Topics:
Government and voting > Local councilsHealth and wellbeing > Food and water safety
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Territorial authorities: Non-performance by territorial authority

193Powers of Minister in relation to non-performance by territorial authority

  1. If the Minister considers that either or both of the grounds in subsection (2) exist, the Minister may appoint, on terms and conditions that the Minister thinks fit, the chief executive, another territorial authority, a regional council, or a recognised agency to perform and exercise all or any of a territorial authority's functions, duties, and powers under this Act.

  2. The grounds are that—

  3. the territorial authority has had a reasonable opportunity to address any concerns set out in a final report under section 191 about the performance of all or any of its functions and duties, or the exercise of all or any of its powers, under this Act, but has not addressed those concerns to the satisfaction of the Minister:
    1. the territorial authority is not able to perform or exercise all or any of its functions, duties, or powers under this Act to the extent that the Minister considers necessary to achieve the purposes of this Act, and the Minister considers it necessary to take action without a review.

      1. The Minister must not make an appointment under subsection (1) unless—

      2. the Minister has given the territorial authority concerned at least 20 working days' written notice of his or her intention to do so and in that notice has invited the territorial authority to make submissions within the notified period; and
        1. the Minister has considered any submissions received by him or her that were made within the notified period; and
          1. the chief executive, other territorial authority, regional council, or recognised agency agrees to the appointment in accordance with section 194.

            1. In making an appointment under subsection (1), the Minister must state the functions, duties, or powers, or any of those functions, duties, or powers, that are transferred to the chief executive, other territorial authority, regional council, or recognised agency.

            2. However, the Minister may not transfer a territorial authority's function of a recognised agency.