Stands and Stalls, Mobile Shops, Hawkers or Itinerant Traders
Stands and Stalls
If you're selling food to raise funds, or for charity, it must be "safe and suitable". That means it must be safe to eat – no one should get sick from eating your food.
What else you have to do to comply with the Food Act 2014 depends on the circumstances. You don't have to register under the Act if you're selling food:
- to raise funds for a charity, cultural or community group less than 20 times a year
- once in a calendar year at an event such as a local fair.
However, you will have to register under the Act if you're:
- fundraising more than 20 times a year
- bartering or exchanging food commercially
- selling food commercially at fairs, markets, or community events more than once a year.
If food is sold more than once in a calendar year that is not for fundraising purposes, the activity is subject to registration under food safety legislation.
If you sell food at markets or events more than once a year, there are some other steps you need to take, and you're likely to need to register as a food business. Use the 'My Food Rules' tool to find out how the Food Act 2014 applies to you.
If you wish to operate a stand / stall, please contact us with the location of the site, days and hours you wish to trade and we will be able to give more information.
Markets
Event and market organisers need to ensure they provide for the sale of food safely and appropriately at their event.
The organiser is responsible for gathering and vetting all relevant food safety information from participating food sellers.
The site must be clean and safe.
If you wish to run a market, please contact us with location details, days and hours of trading and we will be able to give you further information.
Mobile Shops
Mobile or travelling shop means a conveyance, whether self-propelled or not, from which any class of goods or services are offered or exposed for sale on a road or public place or from which those goods or services may be ordered.
A conveyance includes motor vehicles and non-motorised modes of transport such as: a horse and cart; a bicycle, towing a cart.
Mobile shops selling food and / or drinks must meet the requirements of any relevant food laws and be registered under the Food Act 2014.
In general, mobile shops are able to trade:
As part of a market or event (with the organisers permission)
On private land - the landowners permission is needed. In some cases, resource consent may also be required.
On commercial land -the landowners permission is needed. In some cases, resource consent may also be required.
Additional approval will be required if operating on:
- State Highways - approval is required from the New Zealand Transport Agency.
- Council reserve land - call / email us for details, supplying as much information as possible
- Council owned, public place - call / email us for details, supplying as much information as possible.
Public place means and includes every road and thoroughfare of a public nature open to or used by the public as of right; and every place of public resort or place to which the public have access, whether on payment of a fee or otherwise, and which is under the control of the Council but excludes reserves held by the Council under the Reserves Act 1977.
Please read the public places bylaw for town and trading restrictions.
Hawker
Hawker means any person who carries any class of goods or services from place to place for sale, where there was no request, demand or seeking of those goods or services, and whether or not such person verbally advertises the same.
Itinerant Trader
Itinerant trader means any person who, not having been continually resident in the district for at least 6 calendar months immediately preceding, or not owning, or not having entered into binding lease in writing of business premises in the district for at least 6 calendar months immediately preceding, carries on any business in the district involving the sale or exposure for sale of any class of goods or services in any premises, whether by themselves or by any other person employed by them.
