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Local Government Act 2002

Powers of Minister to act in relation to local authorities - Ministerial powers of assistance and intervention - Minister may appoint Crown Review Team

258: Minister may appoint Crown Review Team

You could also call this:

“The government can send a special team to check on a council if there's a big problem”

The Minister can appoint a Crown Review Team to a local authority in certain situations. This can happen if the local authority doesn’t provide information the Minister asked for without a good reason, or if the Minister believes there’s a big problem the local authority can’t or won’t fix. The Minister can also do this if a group they appointed before suggests it, or if the local authority asks for it in writing.

Before the review starts, the Minister must tell the local authority in writing, put a notice in the Gazette, and make a public announcement. These notices must follow the rules in section 258S.

The Crown Review Team will look into the problem and report on it. They’ll suggest ways for the local authority to fix the issue and tell the Minister if more action is needed. They’ll try not to reduce the local authority’s ability to do its job.

The local authority must help the Crown Review Team and give them the information they need. The team will write a final report following the rules in section 258U.

This whole process is subject to the rules in section 258Q.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925967.

Topics:
Government and voting > Local councils
Government and voting > Government departments
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257: Minister may require information, or

“The government can ask local councils for information about problems”

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258A: How Crown Review Team appointed, or

“How the government picks people to check on local councils”

Part 10 Powers of Minister to act in relation to local authorities
Ministerial powers of assistance and intervention: Minister may appoint Crown Review Team

258Minister may appoint Crown Review Team

  1. The Minister may appoint a Crown Review Team to a local authority if—

  2. the local authority has received a notice from the Minister under section 257(1) and, for no good reason, has not provided the information required by the notice by the stated or agreed date; or
    1. the Minister believes, on reasonable grounds, that a significant problem relating to the local authority may exist and—
      1. the local authority is unable or unwilling to effectively address the problem; or
        1. a Ministerial body currently or previously appointed to the local authority has recommended the appointment; or
        2. the Minister has received a written request from the local authority to do so.

          1. Before the review begins, the Minister must give notice of the appointment—

          2. to the local authority, in writing; and
            1. by notice in the Gazette; and
              1. by public notice.

                1. Each notice must comply with section 258S.

                2. A Crown Review Team must, to the extent authorised by its terms of reference,—

                3. investigate and report on the nature and extent of the problem; and
                  1. make recommendations to the local authority and the Minister on how the local authority could address the problem; and
                    1. make recommendations to the Minister on whether the Minister should take further action in relation to the local authority, including whether the Minister should appoint any other Ministerial body to the local authority; and
                      1. ensure, as far as practicable, that the existing organisational capability of the local authority is not diminished.

                        1. If applicable, and to the extent authorised by its terms of reference, a Crown Review Team must also investigate, and report on, any related matter as recommended by a Ministerial body currently or previously appointed to the local authority.

                        2. A local authority must—

                        3. co-operate with a Crown Review Team so that it may fulfil its terms of reference; and
                          1. comply with any reasonable request of the Crown Review Team to provide any relevant information that the local authority holds.

                            1. A Crown Review Team must produce a final report that complies with section 258U, as soon as practicable after a review is completed.

                            2. This section is subject to section 258Q.

                            Notes
                            • Section 258: replaced, on , by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).