Local Government Act 2002

Powers of Minister to act in relation to local authorities

254: How this Part works

You could also call this:

"How the Minister helps local authorities with problems"

This part of the law is a guide to help you understand how it works. It tells you about the options the Minister has to help a local authority or Watercare if they have a problem. The Minister can choose from a range of options, and the options depend on the nature and scale of the problem. The Minister does not have to use the options in a particular order, and can choose any option without using the others first. The law is divided into two subparts: Subpart 1 sets out the options the Minister has, and Subpart 2 sets out the general rules that apply to all the options, such as notification and reporting requirements.

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


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253: Outline of Part, or

"What the Minister can do to help or oversee local councils and Watercare"


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255: Application of this Part, or

"When the Minister helps a city council or water company, these are the rules they follow"

Part 10Powers 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 provides the Minister with a range of options in relation to a local authority or Watercare if they have a problem. The options are available only in relation to the local authority or Watercare itself, and not to any entity that the local authority or Watercare 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 or Watercare.

  5. Accordingly, the Minister may exercise an option in relation to a local authority or Watercare 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).
  • Section 254(2): replaced, on , by section 105(1) of the Local Government (Water Services Preliminary Arrangements) Act 2024 (2024 No 31).
  • Section 254(4): amended, on , by section 105(2) of the Local Government (Water Services Preliminary Arrangements) Act 2024 (2024 No 31).
  • Section 254(5): amended, on , by section 105(2) of the Local Government (Water Services Preliminary Arrangements) Act 2024 (2024 No 31).