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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Cost recovery

205: Territorial authority to set fees

You could also call this:

"Councils can charge fees for some food-related tasks and must follow rules when setting these fees."

A territorial authority can decide to charge fees to cover the costs of certain tasks under the Food Act 2014. You will pay these fees for things like registration, verification, and monitoring activities. The authority must follow a special process, as outlined in section 83 of the Local Government Act 2002, when deciding on these fees.

When setting fees, the territorial authority must consider the costs of doing the task and not charge more than that. They also have to think about certain criteria, as stated in section 198(2), and follow any rules made under section 206. The authority has some options when fixing fees, as provided in sections 198(6) and (7) and 199 and 199.

The territorial authority can only increase fees at the start of a new financial year, unless they follow the special process and the people affected agree to the change. If the authority makes a mistake when setting a fee, they can correct it without following the special process. Section 204(3) to (5) also applies to the setting of fees, with some changes. Additionally, section 150 of the Local Government Act 2002 does not apply to the setting of fees under the Food Act 2014.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087077.

Topics:
Health and wellbeing > Food and water safetyGovernment and voting > Local councilsBusiness > Industry rules
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204: Regulations may impose fees and charges, or

"The government can charge fees for food-related services, like starting a food business or getting a food safety check, and the fees can vary depending on the service or business."

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206: Regulations may prescribe methodology or framework for fee fixing, or

"The government can create rules to help decide fees, and they must talk to people first."

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Cost recovery

205Territorial authority to set fees

  1. A territorial authority may, by resolution, fix fees to recover the direct and indirect costs of any of the following functions under this Act:

  2. registration:
    1. verification:
      1. compliance and monitoring activities.

        1. In making any resolution under this section, the territorial authority must use the special consultative procedure as provided in section 83 of the Local Government Act 2002.

        2. Any fee fixed under this section must be for a function specified in subsection (1) and a territorial authority must not provide for the recovery of more than the reasonable costs incurred by the territorial authority in performing that function.

        3. Subsection (3) is subject to and not limited by subsection (5) or (9).

        4. In fixing fees under this section, the territorial authority—

        5. must take into account the criteria in section 198(2); and
          1. has the options provided by sections 198(6) and (7) and 199 (other than paragraph (g)); and
            1. must comply with any regulations made under section 206.

              1. An increase in fees for any financial year must not come into effect other than at the commencement of that financial year.

              2. Subsection (6) does not prevent the fixing during any financial year of an increased fee or a new fee payable in that year if, following the special consultative procedure, the territorial authority is satisfied that the persons, or their representatives, affected by the increase in fees or the new fees agree or substantially agree with the alteration or fixing.

              3. Subsection (6) does not prevent the amendment of any resolution that fixes a fee if any substantive alteration effected by the amendment is for the purpose of correcting an error.

              4. Section 204(3) to (5) applies with the necessary modifications for the purposes of this section.

              5. To avoid doubt, section 150 of the Local Government Act 2002 does not apply to the fixing of fees by territorial authorities for the purposes of this Act.