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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:

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

The Minister can appoint a special group to help a local authority, but not to a company the local authority owns or has a part of. You can think of a local authority like a city council. The Minister can also use special powers to help a local board, which is like a smaller group that helps make decisions for a part of the city.

The Minister has special powers they can use to help Watercare, which is a company that manages water services, and they can use these powers as if Watercare were a local authority. This means the Minister can make decisions about Watercare using the rules in section 257 to 258E, and other related sections like sections 256 to 258E, 258N to 258Q, and 258S to 258ZA.

When the Minister uses these powers, they can make decisions about Watercare as if it were a local authority, which is a group that makes decisions for a city or town.

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This page was last updated on

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

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254: How this Part works, or

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256: Interpretation, or

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Part 10Powers 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.

  3. Despite subsection (1), the Minister may exercise the powers in section 257 to 258E in relation to Watercare and, for that purpose, sections 256 to 258E, 258N to 258Q, and 258S to 258ZA apply as if Watercare 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).
  • Section 255(3): inserted, on , by section 106 of the Local Government (Water Services Preliminary Arrangements) Act 2024 (2024 No 31).