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Food Act 2014

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

195: Effect of appointment

You could also call this:

"What happens when someone takes over a council's jobs"

If you are a territorial authority and someone is appointed to take over your jobs under section 193, you are no longer responsible for doing those jobs. The person or group appointed, like a chief executive or another territorial authority, becomes responsible for doing those jobs. They can even get someone else to do those jobs for them.

When someone is appointed under section 193, they can only do the jobs they were given in place of the territorial authority. They have to do the jobs as if they were the territorial authority, and they have to follow the rules of this Act.

The person or group appointed can get someone else to do the jobs, but they have to follow the rules in section 173(4) and (5).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996306.

Topics:
Health and wellbeing > Food and water safetyGovernment and voting > Local councilsBusiness > Industry rules
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Territorial authorities: Non-performance by territorial authority

195Effect of appointment

  1. If an appointment is made under section 193,—

  2. the territorial authority from whom all or any functions, duties, or powers are transferred ceases to be responsible for the performance or exercise of those functions, duties, and powers; and
    1. the chief executive, other territorial authority, regional council, or recognised agency is responsible for the performance or exercise of those functions, duties, and powers; and
      1. the functions, duties, and powers of the chief executive, other territorial authority, regional council, or, as the case may be, recognised agency are deemed to be extended as necessary to enable them to carry out, perform, and exercise the transferred functions, duties, and powers; and
        1. the chief executive, other territorial authority, regional council, or, as the case may be, recognised agency may contract out, or enter into arrangements for the carrying out of, the transferred functions, duties, and powers.

          1. If appointed under section 193, the chief executive, other territorial authority, regional council, or, as the case may be, recognised agency—

          2. may perform or exercise the transferred functions, duties, or powers, or any of those functions, duties, or powers, only in place of the territorial authority; and
            1. must perform or exercise the functions, duties, or powers of a territorial authority under this Act as if they were the territorial authority, and the provisions of this Act apply accordingly.

              1. Subsection (1)(d) is subject to section 173(4) and (5).