Local Government Act 2002

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

258W: Recovery of expenses

You could also call this:

"Paying back the government for their help"

Illustration for Local Government Act 2002

If the government helps a local authority, you need to know that the local authority owes the government money for the help they got. This includes paying for the person the government sends to help, like a Crown Manager. The local authority must pay the government back for these expenses. You owe the government money if they send someone to help your local authority, and this can include paying for their salary and expenses. If the government sends a Crown Observer or a Crown Review Team to help a local authority, the local authority might have to pay the government back for this help, but only if the Minister thinks it is fair and the terms of reference say they can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925997.


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

258WRecovery of expenses

  1. A local authority, group of local authorities, water organisation, or trustees of a consumer trust owe as a debt to the Crown any expenses that the Crown incurs for the appointment of a Crown Manager, Crown Commission, Crown facilitator—water services, or Crown commissioner—water services to the local authority, group of local authorities, water organisation, or consumer trust, including the payment of remuneration and expenses to the Crown Manager, a member of the Commission, the Crown facilitator—water services, or the Crown commissioner—water services.

  2. A water organisation or the trustees of a consumer trust owe as a debt to the Crown any expenses that the Crown incurs for the appointment of a Crown Observer or a Crown Review Team to the water organisation or consumer trust, including the payment of remuneration and expenses to the Crown Observer or a member of the Crown Review Team.

  3. Any expenses that the Crown incurs for the appointment of a Crown Observer or a Crown Review Team to a local authority or group of local authorities, including the payment of remuneration and expenses to the Crown Observer or a member of the Crown Review Team, may be recovered by the Crown from the local authority or group of local authorities if—

  4. the Minister decides that to do so is reasonable in the circumstances; and
    1. the terms of reference authorise the recovery.
      1. The Crown may recover expenses under subsection (2) as a debt to the Crown.

      2. If the Minister appoints a Ministerial appointee to a group of local authorities, each local authority owes an equal share of the expenses incurred as a debt to the Crown.

      Notes
      • Section 258W: inserted, on , by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
      • Section 258W heading: amended, on , by section 52(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
      • Section 258W(1): replaced, on , by section 52(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
      • Section 258W(1A): inserted, on , by section 52(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
      • Section 258W(2): amended, on , by section 52(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
      • Section 258W(4): inserted, on , by section 52(4) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).