Local Government Act 2002

Powers of Minister to act in relation to local authorities

256: Interpretation

You could also call this:

"What special words mean in this part of the law"

When you read this part of the law, some words have special meanings. The Minister is a person who makes big decisions. A Commission is a group of people the Minister chooses, as stated in section 258F.

You might see the words Ministerial appointee, which means someone the Minister picks for a job. This can be a Crown Manager, a Crown Observer, or a member of a special team. A Ministerial body is a team or group that the Minister chooses, like a Crown Review Team or a Commission, as stated in subpart 1.

When you hear the word problem, it means something is wrong with a local authority. This can be a matter that stops the local authority from doing its job or a big failure to do something it should. It can also mean a state of emergency, as described in section 4 of the Civil Defence Emergency Management Act 2002, is affecting the area.

A problem also includes not managing money well or a potential issue that might become a problem. If you see the words public notice, it means the Minister tells people about something. The Minister does this by putting a notice in a newspaper and on the internet.

The word significant means a problem is big enough to affect people living in the area. It means the problem will have bad consequences for residents and people who pay rates.

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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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255: Application of this Part, or

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


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257: Minister may require information, or

"The government can ask local councils for information about problems"

Part 10Powers 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).