Local Government Act 2002

Powers of Minister to act in relation to local authorities

256: Interpretation

You could also call this:

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

In this part of the law, you need to know what certain words mean. These words are important for understanding how the Minister can act in relation to local authorities.

A ‘Commission’ is a group of people appointed under section 258F.

A ‘Ministerial appointee’ is someone the Minister chooses to be a Crown Manager, Crown Observer, or a member of a Crown Review Team or Commission.

A ‘Ministerial body’ is a Crown Review Team, Crown Observer, Crown Manager, or Commission that the Minister appoints.

A ‘problem’ for a local authority can mean a few things:

  • Something that makes it hard for the authority to do its job properly
  • When the authority fails to do its duties
  • Issues caused by an emergency in the area

It can also include poor management of money and assets, potential problems, or multiple problems.

A ‘significant’ problem is one that will likely cause trouble for the people living in the area.

‘Public notice’ means the Minister puts a notice in a local newspaper and on a government website. The Minister can also give notice in other ways if they think it’s 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=DLM174078.

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

256Interpretation

  1. In this Part,—

    Commission means a commission appointed under section 258F

      Ministerial appointee means a person appointed under subpart 1 of this Part as a Crown Manager or a Crown Observer, or as a member of a Crown Review Team or of a Commission

        Ministerial body means a Crown Review Team, a Crown Observer, a Crown Manager, or a Commission appointed under subpart 1 of this Part

          problem, in relation to a local authority,—

          1. means—
            1. a matter or circumstance relating to the management or governance of the local authority that detracts from, or is likely to detract from, its ability to give effect to the purpose of local government within its district or region; or
              1. a significant or persistent failure by the local authority to perform 1 or more of its functions or duties under any enactment; or
                1. the consequences of a state of emergency (within the meaning of section 4 of the Civil Defence Emergency Management Act 2002) affecting, or recently affecting, the local authority's district or region; and
                2. includes—
                  1. a failure by the local authority to demonstrate prudent management of its revenues, expenses, assets, liabilities, investments, or general financial dealings; and
                    1. a potential problem within the meaning of paragraph (a)(i) or (ii); and
                      1. to avoid doubt, 2 or more problems within the meaning of paragraph (a) or subparagraph (i) or (ii) of this paragraph

                      public notice, in relation to notice given by the Minister,—

                      1. means a notice published—
                        1. in a newspaper circulating in the district or region of the local authority; and
                          1. on the Internet site of the department responsible for the administration of this Act; and
                          2. includes any other notice that the Minister thinks desirable in the circumstances

                            significant, in relation to a problem of a local authority, means that the problem will have actual or probable adverse consequences for residents and ratepayers within the district or region of the local authority.

                            Notes
                            • Section 256: replaced, on , by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).