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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 Manager

258D: Minister may appoint Crown Manager

You could also call this:

“The government can send a helper to fix big problems in local councils”

The Minister can appoint a Crown Manager to a local authority if there’s a big problem. This can happen if the Minister thinks the local authority can’t fix the problem on its own, if the local authority hasn’t followed advice from other officials, or if someone else has suggested it. The local authority can also ask for a Crown Manager.

Before the Crown Manager starts, the Minister must tell the local authority in writing, put a notice in the Gazette (which is like an official government newspaper), and let the public know.

The Crown Manager’s job is to tell the local authority what to do to fix the problem. They can also suggest to the Minister if more help is needed. The Crown Manager should try not to make the local authority less capable of doing its job.

The local authority must work with the Crown Manager, do what they say, and give them any information they need.

When the Crown Manager is finished, they need to write a report about what happened.

There are some other rules in section 258S, section 258U, and section 258Q that also apply to this process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925973.

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258C: How Crown Observer appointed, or

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

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258E: How Crown Manager appointed, or

“How the government picks someone to help fix problems in local councils”

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

258DMinister may appoint Crown Manager

  1. The Minister may appoint a Crown Manager 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 nature or extent of the problem is such that the local authority is unlikely to effectively address the problem without the appointment of a Crown Manager; or
      1. for no good reason, the local authority has not adequately implemented a recommendation of any other Ministerial body in relation to 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 management 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 Manager must, to the extent authorised by his or her terms of reference,—

                3. direct the local authority to act to 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 Manager must also direct the local authority 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 Manager so that he or she may fulfil his or her terms of reference; and
                        1. comply with the directions of a Crown Manager; and
                          1. comply with any reasonable request of a Crown Manager to provide any relevant information that the local authority holds.

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

                            2. This section is subject to section 258Q.

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