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Local Government Act 2002

Powers of Minister to act in relation to local authorities

255: Application of this Part

You could also call this:

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

This part of the law explains when the Minister can use certain powers in relation to local authorities. You need to know two main things:

  1. The Minister can only appoint a Ministerial body to a local authority. This means the Minister can’t appoint a Ministerial body to other organisations that the local authority might control or be involved with. For example, the Minister can’t appoint a Ministerial body to a council-controlled organisation or a subsidiary of the local authority.

  2. The Minister can use the powers in this part of the law when dealing with local boards. When the Minister does this, the law treats the local board as if it were a local authority. This means the rules that apply to local authorities also apply to local boards in this situation, with some small changes if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174077.

Topics:
Government and voting > Local councils
Government and voting > Government departments
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254: How this Part works, or

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

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256: Interpretation, or

“This part explains what important words mean in the law about how the Minister can work with local councils”

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

255Application of this Part

  1. The Minister may appoint a Ministerial body under subpart 1 of this Part only to a local authority and not to any entity that the local authority may control or have an interest in, for example, a council-controlled organisation, council-controlled trading organisation, council organisation, or other subsidiary of the local authority.

  2. However, the Minister may exercise the powers in this Part in relation to a local board and, for that purpose, this Part applies, with any necessary modifications, as if a local board were a local authority.

Notes
  • Section 255: replaced, on , by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
  • Section 255(2): inserted, on , by section 66 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).