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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 Commission

258K: Local authority members remain in office but must not act during term of Commission

You could also call this:

"Local authority members keep their jobs but can't work until a Commission finishes or something else changes."

Illustration for Local Government Act 2002

If a Commission is appointed to your local authority under section 258F, you need to know what happens to the local authority members. They stay in their jobs, but they cannot do any work as local authority members until something changes. This change can happen when the Commission finishes its term, or when a new election is held under section 10 of the Local Electoral Act 2001, or under section 258I or section 258M, or when the member leaves their job according to clause 5(1)(a), (b), (c), or (e) of Schedule 7.

When you are not allowed to act as a local authority member, you also cannot get paid or use any local authority property. However, if a Commission asks you to join a committee, you can say yes and get paid for that work, but only as someone with special skills, not as a local authority member. When the law says you cannot "act", it means you cannot use your powers, rights, or do your duties as a local authority member, as set out in the Local Government Act or other laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925981.

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

258KLocal authority members remain in office but must not act during term of Commission

  1. Subsection (2) applies to each member of a local authority, including the mayor or chairperson, from the date on which a Commission appointed to the local authority under section 258F begins its term.

  2. A member remains in office but must not act and is not entitled in that capacity to be paid any salary, allowances, or expenses under this Act or any other enactment, or to use any property of the local authority, until the earliest of the following events occurs:

  3. the Commission ends its term, in which case the member resumes full power to act:
    1. a triennial general election is held for the local authority under section 10 of the Local Electoral Act 2001, in which case the member vacates office in accordance with section 116 of that Act:
      1. a general election is held for the local authority under section 258I, in which case the member vacates office on the date that the member would have vacated office in accordance with section 116 of the Local Electoral Act 2001 had the triennial general election not been postponed:
        1. a general election is held for the local authority under section 258M, in which case the member vacates office in accordance with section 116 of the Local Electoral Act 2001:
          1. the member vacates his or her office in accordance with clause 5(1)(a), (b), (c), or (e) of Schedule 7.

            1. However, if a Commission appoints a member to a committee or subcommittee in accordance with Schedule 7, the person—

            2. may accept the appointment, in the capacity as a person who has the skills, attributes, or knowledge that will assist the work of the committee or subcommittee; and
              1. is entitled to receive payment for holding office as a member of the committee or subcommittee in that capacity.

                1. In subsection (2), act means to exercise or purport to exercise a power, right, or entitlement, or perform or purport to perform a function or duty, conferred or imposed on the member in his or her capacity as a member of the local authority by this Act or any other enactment.

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