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Food Act 2014

Miscellaneous provisions - Miscellaneous - Other enactments

446: Relationship with local authority bylaws

You could also call this:

"How the Food Act 2014 works with local council rules"

This section is about how the Food Act 2014 works with bylaws made by local authorities. You need to know that this section applies to several documents, including the Act itself, regulations under the Act, and notices under the Act.

If a local authority makes a bylaw that does not agree with one of these documents, the document is more important and the bylaw does not apply to the extent that it is inconsistent.

The local authority must then change or cancel the bylaw to make it consistent with the document. You can find more information about the special consultative procedure that local authorities usually follow in section 83 of the Local Government Act 2002, but in this case, the local authority does not have to follow that procedure.

A local authority cannot make a bylaw that disagrees with one of these documents.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5431614.

Topics:
Health and wellbeing > Food and water safetyGovernment and voting > Local councilsBusiness > Industry rules
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445: References to standard works, or

"What 'References to standard works' means: using agreed guides when following food rules"

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447: Consequential amendments and repeals and revocations, or

"Changes to other laws because of the Food Act 2014"

Part 5Miscellaneous provisions
Miscellaneous: Other enactments

446Relationship with local authority bylaws

  1. This section applies to the following documents:

  2. this Act:
    1. regulations under this Act:
      1. adopted joint food standards:
        1. domestic food standards:
          1. notices under this Act:
            1. directions given by the chief executive under this Act.

              1. If a bylaw made by a local authority is inconsistent with a document,—

              2. the document prevails and the bylaw has no effect to the extent of the inconsistency; and
                1. the local authority must amend or revoke the bylaw to remove the inconsistency.

                  1. The local authority need not use the special consultative procedure set out in section 83 of the Local Government Act 2002 to amend or revoke the bylaw to remove the inconsistency, despite anything in that Act.

                  2. A local authority must not make a bylaw that is inconsistent with a document.