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Local Government Act 2002

Powers of Minister to act in relation to local authorities - General provisions applying to Ministerial powers conferred under subpart 1

258Q: Notice to local authority of proposed appointment of Ministerial body

You could also call this:

“Minister must tell council before appointing special group to help”

Before the Minister can appoint a Ministerial body, they must tell you in writing that they plan to do this. They need to explain why they want to make the appointment and what the Ministerial body will do.

You then have a chance to convince the Minister that they shouldn’t appoint the Ministerial body. You can do this by showing that:

  • The reasons for the appointment are not true
  • You are already fixing the problem effectively
  • There’s another reason why they shouldn’t make the appointment
  • A different type of Ministerial body should be appointed instead

The Minister must give you at least 10 working days to respond. After considering your response, the Minister will either tell you in writing that they won’t appoint a Ministerial body, or they will go ahead with the appointment under section 258(2), 258B(2), 258D(2), or 258F(2).

Sometimes, the Minister doesn’t need to tell you before appointing a Ministerial body. This can happen if:

  • You asked the Minister to make the appointment
  • There’s an emergency situation that might put people’s health or safety at risk

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925990.

Topics:
Government and voting > Local councils
Government and voting > Government departments
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“The Minister must check a special list before making decisions about local councils”

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Part 10 Powers of Minister to act in relation to local authorities
General provisions applying to Ministerial powers conferred under subpart 1

258QNotice to local authority of proposed appointment of Ministerial body

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

  2. give the local authority concerned written notice that he or she intends to make the appointment; and
    1. state in the notice the reasons for the proposed appointment and the proposed terms of reference; and
      1. give the local authority 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:
          1. the local authority is acting effectively to address the problem:
            1. for any other reason, the appointment should not be made:
              1. a different Ministerial body should be appointed.

              2. The Minister must—

              3. notify the local authority, in writing, if he or she decides not to appoint a Ministerial body; or
                1. act under section 258(2), 258B(2), 258D(2), or 258F(2) in any other case.

                  1. This section does not apply if—

                  2. the local authority has requested the Minister to make the appointment; or
                    1. 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 local authority's district or region is, or is likely to be, endangered.

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