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Local Government Act 2002

Powers of Minister to act in relation to local authorities

254: How this Part works

You could also call this:

“This part explains how the Minister can help councils with problems”

This part of the law explains how the Minister can help or step in when a local authority (like a council) has a problem. You should know that this explanation doesn’t change how the rest of this part of the law works or is used.

The Minister has different ways to help or step in, but these only apply to the local authority itself, not to any other groups it might be involved with. The Minister can choose different options depending on how big the problem is and how much help is needed.

It’s important to understand that the Minister doesn’t have to try one option before moving on to another. They can pick any option they think is best for the situation.

The law is split into two main parts. The first part, called Subpart 1, lists all the different ways the Minister can help or step in. The second part, called Subpart 2, explains how these options work in more detail.

Subpart 2 covers things like how people are told about the help or intervention, what reports need to be made, how people doing the work get paid, and how they are protected.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174076.

Topics:
Government and voting > Local councils
Government and voting > Government departments
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253: Outline of Part, or

“What this part of the law is about: The Minister's special powers to help and check on local councils”

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255: Application of this Part, or

“This part explains when the Minister can step in to help local councils”

Part 10 Powers of Minister to act in relation to local authorities

254How this Part works

  1. This section is a guide to the overall scheme and effect of this Part. It does not affect the interpretation or application of the other provisions of this Part.

  2. Subpart 1 of this Part provides the Minister with a range of options in relation to a local authority that has a problem. The options are available only in relation to the local authority itself, and not to any entity that the local authority may control or have an interest in.

  3. The options vary according to the nature and scale of assistance or intervention required to address the problem.

  4. The options are not a hierarchy of actions that the Minister must employ sequentially in relation to a local authority.

  5. Accordingly, the Minister may exercise an option in relation to a local authority without having previously exercised 1 or more of the other options.

  6. Subpart 2 of this Part sets out general provisions applying to all the options the Minister may exercise under subpart 1.

  7. The provisions in subpart 2 of this Part are largely procedural in nature and cover matters including notification of the assistance or intervention, reporting requirements, and payment and protection for the individuals carrying out the assistance or intervention.

Notes
  • Section 254: replaced, on , by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).