Local Government Act 2002

Structure and reorganisation of local government - Local Government Commission

33: Membership of Commission

You could also call this:

“Who can join the group that helps organise local government”

The Commission is a group that helps organise local government. The Minister chooses who will be in the Commission. There can be one, two, or three people in the Commission.

If there are two or three people in the Commission, one person must know about Māori customs and practices. The Minister talks to the Minister for Māori Development before choosing this person. Another person must have worked in local government before. The Minister talks to the New Zealand Local Government Association before choosing this person.

If there’s only one person in the Commission, the Minister chooses them. The Minister thinks about whether this person knows about Māori customs or has worked in local government. The Minister also talks to the Minister for Māori Development and the New Zealand Local Government Association.

The Commission can still do its job even if it doesn’t have all its members. The people in the Commission are not treated as government workers for some laws about work benefits.

In this law, Māori customs and practices are called “tikanga Māori”.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM171844.

Topics:
Government and voting > Local councils
Government and voting > Government departments
Māori affairs > Treaty of Waitangi

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“Checking if the rules for local councils are working well”


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“The Commission gets extra powers to help run local areas and gather information”

Part 3 Structure and reorganisation of local government
Local Government Commission

33Membership of Commission

  1. The Commission consists of a minimum of 1 member and a maximum of 3 members appointed by the Minister.

  2. If the Commission consists of 2 members or 3 members,—

  3. 1 member—
    1. must have a knowledge of tikanga Māori; and
      1. must be appointed by the Minister after consultation with the Minister for Māori Development; and
      2. 1 member—
        1. must have experience as an elected member or the chief executive of a local authority; and
          1. must be appointed by the Minister after consultation with the New Zealand Local Government Association Incorporated.
          2. If the Commission consists of 1 member, that member must be appointed by the Minister, who must—

          3. take into consideration whether the member has a knowledge of tikanga Māori or experience as an elected member or the chief executive of a local authority; and
            1. consult with—
              1. the Minister for Māori Development; and
                1. the New Zealand Local Government Association Incorporated.
                2. The powers of the Commission are not affected by any vacancy in its membership.

                3. No person is to be treated as employed in the service of the Crown for the purposes of the Government Superannuation Fund Act 1956 or the Public Service Act 2020 because the person is a member of the Commission.

                4. In this section, tikanga Māori means Māori custom and practice.

                Compare
                Notes
                • Section 33(1): amended, on , by section 18(1) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                • Section 33(2): replaced, on , by section 18(2) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                • Section 33(2A): inserted, on , by section 18(2) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                • Section 33(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).