Local Government (Auckland Reorganisation) Bill

  • enacted

Functions and duties of Transition Agency

13 Functions and duties of Transition Agency
  • (1) The Transition Agency has the following functions and duties:

    • (a) to plan and manage all matters in relation to the reorganisation to ensure that the Auckland Council is ready to function on and from 1 November 2010:

    • (b) to advise the Minister on any matter associated with the reorganisation, including in relation to existing or proposed legislation:

    • (c) to report to the Minister,—

      • (i) at regular intervals, on progress in relation to the reorganisation and on the matters referred to in clause 15 of the Schedule; and

      • (ii) at the end of the transition period, by submitting a final report on its affairs for presentation to the House of Representatives (together with the financial statements required by section 45J of the Public Finance Act 1989):

    • (d) to provide information to existing local government organisations and their employees in relation to the reorganisation:

    • (e) to provide information to the public of Auckland, or any section of that public, as it thinks fit, in relation to the reorganisation:

    • (f) to second employees from any existing local government organisation to the Transition Agency:

    • (g) to carry out any other functions conferred on the Transition Agency by or under this Act or any other enactment, including—

      • (i) appointing an electoral officer under section 14 and determining certain electoral matters under section 15; and

      • (ii) appointing a chief executive for an existing local authority under section 16; and

      • (iii) appointing an interim chief executive for the Auckland Council under section 17; and

      • (iv) assisting and supporting the interim chief executive of the Auckland Council in carrying out his or her responsibilities under section 18 (and, in certain circumstances, carrying out those responsibilities under section 19); and

      • (v) reviewing, under section 20, a decision made by, or on behalf of, an existing local government organisation or any item on the agenda for a meeting of an existing local government organisation (or any committee of an existing local government organisation) to be held during the transition period; and

      • (vi) confirming a decision made by an existing local government organisation under section 31.

    (2) Without limiting subsection (1)(a), the Transition Agency must—

    • (a) develop an organisational structure for the Auckland Council so that it can operate efficiently and effectively on and from 1 November 2010; and

    • (b) develop a change management plan that includes protocols and processes for managing the transition of—

      • (i) assets from existing local government organisations to the Council structure referred to in paragraph (a); and

      • (ii) staff from existing local government organisations to the Council structure referred to in paragraph (a), having regard to the existing employment agreements applying to the staff.

    (3) The Transition Agency, in exercising its powers or performing its functions and duties, must ensure that—

    • (a) its activities are conducted efficiently and effectively (including in a cost-effective manner); and

    • (b) it operates in a financially responsible manner; and

    • (c) key local government projects in Auckland are not hindered or interrupted.

    (4) An employee of an existing local government organisation who is seconded to the Transition Agency under subsection (1)(f) continues to be employed and remunerated—

    • (a) by the existing local government organisation; and

    • (b) on terms and conditions that are agreed between the Transition Agency, the existing local government organisation, and the employee.