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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 Observer

258B: Minister may appoint Crown Observer

You could also call this:

“The government can send a helper to watch over and assist a local council when there are big problems”

The Minister can appoint a Crown Observer to help a local authority if there’s a big problem. This can happen if the Minister thinks it’s needed to help fix the problem, to keep an eye on how the local authority is dealing with it, or if a special group has said it’s a good idea. The local authority can also ask for a Crown Observer.

Before the Crown Observer starts work, the Minister has to tell everyone about it. They need to write to the local authority, put a notice in the official government newspaper, and tell the public.

The Crown Observer’s job is to help the local authority solve the problem and watch how they’re doing. They can suggest to the Minister if more help is needed. They should try not to make the local authority less able to do its job.

The local authority must work with the Crown Observer and give them the information they need.

When the Crown Observer finishes their work, they have to write a report about what happened.

There are special rules about how all of this should happen, which you can find in other parts of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925970.

Topics:
Government and voting > Local councils
Government and voting > Government departments
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258A: How Crown Review Team appointed, or

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

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258C: How Crown Observer appointed, or

“How the government picks someone to watch over a local council”

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

258BMinister may appoint Crown Observer

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

  2. the Minister believes, on reasonable grounds, that a significant problem relating to the local authority exists and—
    1. the appointment of a Crown Observer is necessary to enable, or better enable, the local authority to effectively address the problem; or
      1. the appointment of a Crown Observer is necessary to enable, or better enable, the Minister to monitor the local authority's progress in addressing 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 observation period 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 Observer must, to the extent authorised by his or her terms of reference,—

                3. assist the local authority to address the problem; and
                  1. monitor the local authority's progress in relation to 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 Observer must also assist the local authority with, and monitor progress 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 Observer so that he or she may fulfil his or her terms of reference; and
                          1. comply with any reasonable request of the Crown Observer to provide any relevant information that the local authority holds.

                            1. A Crown Observer must produce a final report that complies with section 258U, as soon as practicable after an observation period ends.

                            2. This section is subject to section 258Q.

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