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Food Act 2014

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.

Section Summary of Function or Power Delegated
Officers
s15

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s16

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s19

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

Environmental Officer

s33

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

Environmental Officer

s34

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

Environmental Officer

s173

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.

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s174

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s176-177

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s178

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s179-180

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.

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s182

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s183

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s184

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s193

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s200

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


Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

Environmental Officer

s221

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s275

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s278

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.

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s280

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

Environmental Officer

s338

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.

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s427

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.

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s52

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

 

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s54

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

 

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s55

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

 

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s56 - 61

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

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s62 63 65

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

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s67 69 70

Power to cancel registration and give directions.

 

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s71

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

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s82

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

 

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s84

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

 

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s85

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

 

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s86

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

 

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s87

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

 

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s88

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

 

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s89

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

 

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s 90 - 93

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

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s 95 - 97

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

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s98

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

Regulatory Support Services Officer

Regulatory Service Support Supervisor

s137

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

 

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

Environmental Officer

s155

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

Restriction: Subject to notice of recognition from the chief executive

 

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

Environmental Officer

s156

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

Restriction: Subject to notice of recognition from the chief executive

 

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

Environmental Officer

ss294-295

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

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

Environmental Officer

s250

Power to file charging document

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s331

Power to apply for Compliance Order

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

s355

Reconsider a decision described in s 354(4)

Community Health & Animal Services Lead

Environmental Health & Licensing Supervisor

Cl 3 Sch 4

Renewal of registration

Regulatory Service Support Supervisor

Regulatory Support Services Officer