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

258ZA: Decisions and directions remain in force

You could also call this:

"Decisions made because of a direction stay in place after the person who gave the direction leaves"

Illustration for Local Government Act 2002

When a Ministerial appointee's term ends, some things happen to a local authority. If the Ministerial appointee gave a direction, it stops being in effect. However, if the local authority made a decision based on that direction, the decision remains in place unless the local authority changes or cancels it. You need to know that this applies to different types of Ministerial appointees, such as a Crown Manager, Crown facilitator—water services, or Crown commissioner—water services. A decision made by a Commission or a Crown commissioner—water services also remains in force after their term ends, unless the local authority changes or cancels it, as stated in the Local Government (Water Services) (Repeals and Amendments) Act 2025.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4926102.


Previous

258Z: Disclosure of information held by local authority, or

"Sharing information from local councils with the government"


Next

258ZB: Secretary may require water services information, or

"The government can ask for details about water services to help make good decisions."

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

258ZADecisions and directions remain in force

  1. Subsections (2) and (3) apply to a local authority, group of local authorities, water organisation, or trustees of a consumer trust on and from the expiry of the term of 1 of the following Ministerial appointees appointed to the local authority, group of local authorities, water organisation, or consumer trust:

  2. Crown Manager:
    1. Crown facilitator—water services:
      1. Crown commissioner—water services.
        1. A direction given to the local authority, group of local authorities, water organisation, or trustees of the consumer trust by the Ministerial appointee ceases to have effect.

        2. Despite subsection (2), any decision made by the local authority, group of local authorities, water organisation, or trustees giving effect to the direction continues in force unless and until the local authority, group of local authorities, water organisation, or trustees revoke or amend the decision.

        3. Subsection (5) applies to a local authority on and from the expiry of the term of a Commission appointed to the local authority.

        4. A decision of the Commission continues in force as if it were a decision made by the local authority unless and until the local authority revokes or amends the decision.

        5. Subsection (7) applies to a local authority, group of local authorities, water organisation, or trustees on and from the expiry of the term of a Crown commissioner—water services appointed to the local authority, group of local authorities, water organisation, or consumer trust.

        6. A decision of the Crown commissioner—water services continues in force as if it were a decision made by the local authority, group of local authorities, water organisation, or trustees unless and until the local authority, group of local authorities, water organisation, or trustees revoke or amend the decision.

        Notes
        • Section 258ZA: replaced, on , by section 53 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).