258QNotice of proposed appointment of Ministerial body

1. Before appointing a Ministerial body, the Minister must—

2. give the local authority, group of local authorities, water organisation, or trustees of a consumer trust concerned written notice that he or she intends to make the appointment; and
3. state in the notice the reasons for the proposed appointment and the proposed terms of reference; and
4. give the local authority, group of local authorities, water organisation, or trustees an opportunity to satisfy the Minister of the following matters, as applicable, by a date specified in the notice, being no earlier than 10 working days after the date on which notice is given to the local authority:
   1. the reasons for making the appointment do not exist:
   2. the local authority is acting effectively to address the problem:
   3. for any other reason, the appointment should not be made:
   4. a different Ministerial body should be appointed.

5. The Minister must—

6. notify the local authority, group of local authorities, water organisation, or trustees, in writing, if he or she decides not to appoint a Ministerial body; or
7. act under section 258(2), 258B(2), 258D(2), or 258F(2), 258MA(3), or 258MC(3) in any other case.

8. This section does not apply if—

9. the local authority, group of local authorities, water organisation, or trustees has requested the Minister to make the appointment; or
10. the problem in relation to which the Minister intends to make the appointment relates to the consequences of a state of emergency and the Minister believes, on reasonable grounds, that the public health or safety of the people within the district, region, or service area of the local authority, group of local authorities, water organisation, or consumer trust is, or is likely to be, endangered.