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Food Act 2014

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The powers and duties delegated are those of the Council as a “territorial authority,” “registration authority”, “recognised agency” or as specified.

Note: the reference throughout the delegations to "chief executive" refers to the chief executive of the ministry responsible for the administration of the Act.
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  • Section

    s15

    Summary of Function or Power

    Duty (as territorial authority) to develop and maintain working relationships specified in achieving the purposes of the Act.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s16

    Summary of Function or Power

    Duty (as territorial authority) to have regard to the principles set out in section 16 to the extent relevant.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s19

    Summary of Function or Power

    Duties (as territorial authority) in relation to the food safety regime.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
    Environmental Officer
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  • Section

    s33

    Summary of Function or Power

    Powers and duties (as territorial authority) re applications for/granting exemptions under a registered food control plan or a national programme

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
    Environmental Officer
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  • Section

    s34

    Summary of Function or Power

    Powers and duties (as territorial authority) re delegations from the CE of the Ministry for Primary Industries.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
    Environmental Officer
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  • Section

    s52

    Summary of Function or Power

    Power (as registration authority) to process application for registration of food control plan

     

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s54

    Summary of Function or Power

    Power (as registration authority) to refuse to process application for registration of food control plan

     

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s55

    Summary of Function or Power

    Power (as registration authority) to require further information in support of application for registration of food control plan

     

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s56 - 61

    Summary of Function or Power

    Power to register food control plan or not to register, and impose and vary conditions, and decide duration.

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s62 63 65

    Summary of Function or Power

    Power to suspend operations under registered food control plan and give directions.

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s67 69 70

    Summary of Function or Power

    Power to cancel registration and give directions.

     

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s71

    Summary of Function or Power

    Duty (as registration authority) to notify chief executive of surrender of registration of food control plan

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s82

    Summary of Function or Power

    Power (as registration authority) to process applications for registration of food businesses subject to National Programme

     

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s84

    Summary of Function or Power

    Power (as registration authority) to refuse to process application for registration of National Programme

     

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s85

    Summary of Function or Power

    Power (as registration authority) to require further information in support of application for registration National Programme and allow further time

     

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s86

    Summary of Function or Power

    Duty (as registration authority) to register food business subject to National Programme if specified criteria met

     

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s87

    Summary of Function or Power

    Power (as registration authority) to refuse to register food business subject to National Programme

     

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s88

    Summary of Function or Power

    Duty (as registration authority) to provide information specified to chief executive for entry on relevant public register of food business subject to National Programme; duty to give operator written notice as specified

     

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s89

    Summary of Function or Power

    Duty (as registration authority) to impose conditions on registration of food business

     

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s 90 - 93

    Summary of Function or Power

    Power to suspend operations of business subject to national programme and give directions.

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s 95 - 97

    Summary of Function or Power

    Power to cancel registration of food business subject to national programme and give directions.

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s98

    Summary of Function or Power

    Duty (as registration authority) to notify chief executive of surrender of registration of food business subject to National Programme

    Delegated Officer

    Regulatory Support Services Officer
    Regulatory Service Support Supervisor
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  • Section

    s137

    Summary of Function or Power

    Power (as territorial authority) to conduct certain verification functions and activities

     

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
    Environmental Officer
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  • Section

    s155

    Summary of Function or Power

    Duty (as recognised agency) to perform specified functions and activities  

    Restriction: Subject to notice of recognition from the chief executive

     

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
    Environmental Officer
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  • Section

    s156

    Summary of Function or Power

    Duty (as recognised person) to perform specified functions and activities

    Restriction: Subject to notice of recognition from the chief executive

     

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
    Environmental Officer
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  • Section

    s173

    Summary of Function or Power

    Powers (of territorial authority) under the Act as specified.

    Power to combine with 1 or more other territorial authority for the purpose of this Act and to designate any as the territorial authority responsible for performing the function of a registration authority for the combined district.

    Duty not to contract out certain functions other than to persons/bodies specified.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s174

    Summary of Function or Power

    Duties (of territorial authority) in relation to carrying out its role, functions and duties under the Act.

    Duties in relation to monitoring the performance of its functions, duties and powers under this Act and provide written reports as specified.

    Duty to provide capability to respond as required in an emergency situation.

    Duty to facilitate the conduct of any review and provide any information required as provided

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s176-177

    Summary of Function or Power

    Power (as territorial authority) to transfer functions, duties, powers under this subpart to another territorial authority or regional council, subject to exception specified.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s178

    Summary of Function or Power

    Duties (as territorial authority) if transferring any functions, duties or powers to another territorial authority or regional council.

    Duties to whom any functions are transferred to keep and maintain a record of the transfer

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s179-180

    Summary of Function or Power

    Power (as territorial authority) to transfer functions, duties, powers under this subpart to the CE of the Ministry for Primary Industries in the circumstances specified.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s182

    Summary of Function or Power

    Power (of territorial authority that has transferred functions under section 179) to change, revoke or relinquish the transfer in accordance with the transfer agreement.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s183

    Summary of Function or Power

    Duty (as territorial authority) to keep and maintain a record of any transfer, change, revocation or relinquishment under the Act.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s184

    Summary of Function or Power

    Duties (as territorial authority) in relation to providing a report/information to the chief executive.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s193

    Summary of Function or Power

    Power (as territorial authority) to make submissions re ministerial appointment of another body to exercise all or any functions under this Act.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s200

    Summary of Function or Power

    Powers and duties (as territorial authority) as collection agent re collection of amounts prescribed by regulations subject to exceptions specified.


    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
    Environmental Officer
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  • Section

    s221

    Summary of Function or Power

    Power (as territorial authority) to receive all infringement fees paid as specified.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s250

    Summary of Function or Power

    Power to file charging document

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s275

    Summary of Function or Power

    Power (as territorial authority) to receive any court ordered fine/payment from a person for an offence prosecuted by the territorial authority as specified.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s278

    Summary of Function or Power

    Duty (as territorial authority) to comply with any direction/instruction or requirement given by the chief executive of the Ministry for Primary Industries re the performance of its functions under this Act.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s280

    Summary of Function or Power

    Power (as territorial authority) to give directions under sections 281 to 286 to the persons specified.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
    Environmental Officer
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  • Section

    ss294-295

    Summary of Function or Power

    Powers in relation to access and related powers and duties (as verifier, recognised person and recognised agency)

    Restriction: Subject to notice of recognition from the chief executive

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
    Environmental Officer
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  • Section

    s331

    Summary of Function or Power

    Power to apply for Compliance Order

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s338

    Summary of Function or Power

    Power (as territorial authority) to comply with an interim compliance order/ compliance order with the consent of the court if the person against whom the order is made and served fails to comply with such order.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s355

    Summary of Function or Power

    Reconsider a decision described in s 354(4)

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    s427

    Summary of Function or Power

    Duty (as territorial authority) to comply with any notice given by the chief executive during the authorised transition period for each food sector within the timeframe specified.

    Delegated Officer

    Community Health & Animal Services Lead
    Environmental Health & Licensing Supervisor
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  • Section

    Cl 3 Sch 4

    Summary of Function or Power

    Renewal of registration

    Delegated Officer

    Regulatory Service Support Supervisor
    Regulatory Support Services Officer
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