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Food Act 2014

Risk-based measures - General - Requirement to operate under applicable risk-based measure

34: Chief executive may delegate functions, duties, or powers under section 33 to territorial authorities

You could also call this:

"The boss of a government department can give some of their jobs to local councils."

The chief executive can give some of their jobs, tasks, or powers to territorial authorities, as stated in section 33. You can think of territorial authorities like local councils. When the chief executive gives them some jobs, they can do those jobs in the same way as if they were given the jobs directly.

The chief executive can decide on any conditions they think are necessary when giving jobs to territorial authorities, and they can take those jobs back at any time. If a territorial authority is doing a job that was given to them, they are assumed to be doing it correctly unless someone can prove otherwise.

The chief executive is still responsible for their own jobs, even if they give some to territorial authorities. If a territorial authority makes a mistake or does something wrong while doing a job they were given, the chief executive and the government are not responsible. There are special conditions for when a territorial authority is given the power to grant exemptions under section 33, such as the food business must be operating only in their district.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5416734.

Topics:
Health and wellbeing > Food and water safetyGovernment and voting > Local councilsBusiness > Industry rules
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Part 2Risk-based measures
General: Requirement to operate under applicable risk-based measure

34Chief executive may delegate functions, duties, or powers under section 33 to territorial authorities

  1. The chief executive may delegate any of the chief executive's functions, duties, or powers under section 33 to 1 or more territorial authorities.

  2. A territorial authority to which any functions, duties, or powers are delegated under this section may perform those functions and duties, or exercise those powers,—

  3. in the same manner, subject to the same restrictions, and with the same effect as if they had been imposed or conferred on that territorial authority directly by this Act and not by delegation; but
    1. subject to any terms and conditions imposed under subsection (3) or conditions imposed by subsection (7).

      1. However, a delegation under this section may be made on any terms and conditions that the chief executive thinks fit, and may be revoked at any time by notice to the territorial authority.

      2. A territorial authority acting under delegation is presumed to be acting in accordance with its terms in the absence of proof to the contrary.

      3. A delegation under this section does not affect the performance of any function or duty, or the exercise of any power, by the chief executive.

      4. Neither the chief executive nor the Crown is responsible for any act or default of a territorial authority in the performance of any function or duty, or in the exercise of any power, delegated under this section.

      5. A delegation of the chief executive's power to grant an exemption under section 33 must be subject to the following conditions:

      6. the exemption may be granted only to a food business that is operating entirely within the district of the territorial authority to which the power is delegated; and
        1. the food business must belong to a food sector that is required to be registered with the territorial authority; and
          1. the food business must not have been registered by the chief executive; and
            1. the territorial authority to which the power is delegated must, when issuing a notice under section 33(4)(a) or (b), comply with the requirements of that section and sections 407 and 408 as if the territorial authority were the chief executive.