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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:

“Council members keep their titles but can't do their jobs while a special team is in charge”

When a Commission is appointed to a local authority, the members of that authority, including the mayor or chairperson, stay in their positions but can’t do their usual jobs. This starts from the day the Commission begins its work.

While the Commission is in charge, you can’t act in your role as a member of the local authority. You won’t get paid or be able to use any of the authority’s property. This continues until one of these things happens:

  1. The Commission finishes its work, and you can go back to your normal duties.

  2. There’s a regular election for the local authority, and you leave your position as usual.

  3. There’s a special election held because the regular one was delayed. In this case, you leave your position on the day you would have if the regular election hadn’t been postponed.

  4. There’s another type of special election, and you leave your position as you normally would after an election.

  5. You leave your position for other reasons, like resigning or becoming disqualified.

Even though you can’t do your usual job, the Commission might ask you to be on a committee or subcommittee. If this happens, you can accept the job if you have skills or knowledge that will help. You’ll get paid for this work.

When we say you can’t ‘act’ in your role, we mean you can’t use any of the powers or do any of the jobs that you would normally do as a member of the local authority.

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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.

Topics:
Government and voting > Local councils
Rights and equality > Anti-discrimination
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258L: Extraordinary vacancy when Commission appointed or during term of Commission, or

“How to handle empty seats when a special group is in charge of a local council”

Part 10 Powers 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).