Minister may appoint Commission

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

258F Minister may appoint Commission

(1)

The Minister may appoint a Commission to a local authority if—

(a)

the Minister believes, on reasonable grounds, that—

(i)

a significant problem relating to the local authority—

(A)

is impairing, or likely to impair, the good local government of the local authority’s district or region; or

(B)

is endangering, or likely to endanger, the public health or safety of the people within the local authority’s district or region; and

(ii)

the local authority is unable or unwilling to effectively address the problem; and

(iii)

the problem is such that appointing a Crown Review Team, a Crown Observer, or a Crown Manager to the local authority is unlikely to prevent the consequences described in subparagraph (i); or

(b)

the local authority refuses or is unable to comply with a direction of a Crown Manager given under section 258D(4); or

(c)

the Minister believes, on reasonable grounds, that a significant problem relating to the local authority exists and a Ministerial body currently or previously appointed to the local authority has recommended the appointment; or

(d)

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

(2)

Before the Commission begins its term, the Minister must give notice of the Commission’s 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 Commission must perform the functions and duties and exercise the powers of the local authority, and its members, under this Act and any other enactment,—

(a)

to the exclusion of the members of the local authority; but

(b)

subject to—

(i)
(ii)

any limits on its authority set out in the terms of reference.

(5)

To avoid doubt, a Commission—

(a)

must perform any functions or exercise any powers directly conferred on the mayor or chairperson, or any other member, of a local authority by or under any enactment; and

(b)

may exercise all the powers of the local authority to set, assess, and collect rates and charges within the district or region and expend their proceeds; and

(c)

may appoint members of the local authority to a committee or subcommittee established under Schedule 7 of this Act.

(6)

A Commission must also, to the extent authorised by its terms of reference,—

(a)

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

(b)

if applicable, implement the recommendations of a Ministerial body currently or previously appointed to the local authority.

(7)

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

(8)

A Commission must produce a final report that complies with section 258U, as soon as practicable after the term of the Commission ends.

(9)

This section is subject to section 258Q.

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