Local Government Act 2002

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Minister may appoint Crown Observer

Heading: inserted, on 5 December 2012, by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

258B Minister may appoint Crown Observer

(1)

The Minister may appoint a Crown Observer to a local authority if—

(a)

the Minister believes, on reasonable grounds, that a significant problem relating to the local authority exists and—

(i)

the appointment of a Crown Observer is necessary to enable, or better enable, the local authority to effectively address the problem; or

(ii)

the appointment of a Crown Observer is necessary to enable, or better enable, the Minister to monitor the local authority’s progress in addressing the problem; or

(iii)

a Ministerial body currently or previously appointed to the local authority has recommended the appointment; or

(b)

the Minister has received a written request from the local authority to do so.

(2)

Before the observation period begins, the Minister must give notice of the appointment—

(a)

to the local authority, in writing; and

(b)

by notice in the Gazette; and

(c)

by public notice.

(3)

Each notice must comply with section 258S.

(4)

A Crown Observer must, to the extent authorised by his or her terms of reference,—

(a)

assist the local authority to address the problem; and

(b)

monitor the local authority’s progress in relation to the problem; and

(c)

make recommendations to the Minister on whether the Minister should take further action in relation to the local authority, including whether the Minister should appoint any other Ministerial body to the local authority; and

(d)

ensure, as far as practicable, that the existing organisational capability of the local authority is not diminished.

(5)

If applicable, and to the extent authorised by its terms of reference, a Crown Observer must also assist the local authority with, and monitor progress on, any related matter as recommended by a Ministerial body currently or previously appointed to the local authority.

(6)

A local authority must—

(a)

co-operate with a Crown Observer so that he or she may fulfil his or her terms of reference; and

(b)

comply with any reasonable request of the Crown Observer to provide any relevant information that the local authority holds.

(7)

A Crown Observer must produce a final report that complies with section 258U, as soon as practicable after an observation period ends.

(8)

This section is subject to section 258Q.

Section 258B: inserted, on 5 December 2012, by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).