Plain language law

New Zealand law explained for everyone

Local Government Act 2002

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

258H: Application of this and other enactments during Commission's term of appointment

You could also call this:

“How the law works when a Commission takes over a local authority's job”

During the time when a Commission is doing the work of a local authority, this part of the law explains how things will work. You should think of the Commission as if it were the local authority itself. The Commission will make decisions and do the work that the local authority usually does.

The law treats the Commission members as if they were elected members of the local authority. This means they have similar rights and responsibilities.

If the local authority needs to sign an official document with a seal, the Commission’s chairperson or the whole Commission can do this instead.

Everything the Commission does is considered valid and legal, just as if the local authority had done it themselves. This is true even if the Commission wasn’t specifically told they could do those things. The only exception is if the Commission does something fraudulent.

Remember, these rules apply only while the Commission is appointed to do the local authority’s job. They help make sure the local authority’s work can continue smoothly even when a Commission is in charge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925978.

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Government and voting > Local councils
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Part 10 Powers of Minister to act in relation to local authorities
Ministerial powers of assistance and intervention: Minister may appoint Commission

258HApplication of this and other enactments during Commission's term of appointment

  1. This section applies during the period in which a Commission is appointed to perform the functions and duties and exercise the powers of a local authority under section 258F.

  2. This Act and any other enactment applies, with any necessary modifications, as if the Commission were the governing body of the local authority and responsible for the decision-making of the local authority.

  3. Without limiting subsection (2), clauses 31, 32, and 32A of Schedule 7 apply as if the members of the Commission were elected members of the local authority.

  4. A document that is required to be executed under the seal of the local authority may be executed under the seal and verified by the signature of the chairperson of the Commission, or the Commission, if there is no chairperson.

  5. All acts done by the Commission in the purported exercise of the powers of the local authority under this or any other enactment, whether the powers have been expressly limited in the terms of reference or not, are, except in the case of fraud, as valid as if the Commission had not been appointed and the acts had been done by the local authority in the ordinary course of its business.

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