258MAMinister may appoint Crown facilitator—water services

1. The Minister may, in the circumstances set out in subsection (2), appoint a Crown facilitator—water services to—

2. a local authority; or
3. a group of 2 or more local authorities; or
4. a water organisation; or
5. a consumer trust.

6. The Minister may appoint a Crown facilitator—water services if—

7. the local authority, group of local authorities, water organisation, or the trustees of the consumer trust requests, in writing to the Minister, that the Minister do so and the Minister decides to grant that request; or
8. the Minister believes, on reasonable grounds, that a problem exists and—
   1. the nature or extent of the problem is such that the local authority, group of local authorities, water organisation, or trustees of the consumer trust are unlikely to effectively address the problem without the appointment of a Crown facilitator; or
   2. in the case of a water organisation, the shareholders of the organisation are unable or unwilling to address the problem effectively; or
   3. for no good reason, the local authority, group of local authorities, water organisation, or trustees of the consumer trust have not adequately implemented a recommendation of any other Ministerial body in relation to the problem; or
   4. a Ministerial body currently or previously appointed to the local authority, group of local authorities, water organisation, or consumer trust has recommended the appointment; or
9. the Minister believes, on reasonable grounds, that it would be beneficial to appoint a Crown facilitator—water services to provide assistance, advice, or direction to the local authority, group of local authorities, water organisation, or trustees to improve the arrangements for providing water services in the relevant region, district, or service area.

10. Before the appointment period begins, the Minister must give notice of the appointment—

11. in writing to the local authority, group of 2 or more local authorities, water organisation, or trustees; and
12. by notice in the Gazette; and
13. by public notice.

14. Each notice must comply with section 258S.

15. A Crown facilitator—water services must, to the extent authorised by their terms of reference,—

16. assist and advise the local authority, group of local authorities, water organisation, or trustees for the purposes of—
    1. addressing a matter specified in a request made under subsection (2)(a) or specified in the terms of reference:
    2. addressing a problem:
    3. identifying improvements for providing water services:
    4. implementing improvements for providing water services; and
17. monitor the local authority’s, group of local authorities’, water organisation’s, or trustees’ progress in addressing a problem or improving its provision of water services; and
18. direct the local authority, group of local authorities, water organisation, or trustees to act to address a problem; and
19. make recommendations to the Minister on whether the Minister should take further action in relation to the local authority, group of local authorities, water organisation, or consumer trust, including whether the Minister should—
    1. consider amending the Crown facilitator’s terms of reference, including the duration of the Crown facilitator’s appointment or the scope of the Crown facilitator’s role, to enable the Crown facilitator to continue their work; or
    2. appoint any other Ministerial body to the local authority, group of local authorities, water organisation, or consumer trust; and
20. ensure, as far as practicable, that the existing capability of the local authority, the group of local authorities, the water organisation, or the trustees is not diminished.

21. If applicable, and to the extent authorised by their terms of reference, a Crown facilitator—water services must also assist, advise, monitor, or direct the local authority, group of local authorities, water organisation, or trustees on any related matter as recommended by a Ministerial body currently or previously appointed to the local authority, group of local authorities, water organisation, or consumer trust.

22. The local authority, group of local authorities, water organisation, and the trustees of the consumer trust to which a Crown facilitator—water services has been appointed must—

23. co-operate with the Crown facilitator so that the Crown facilitator may fulfil their terms of reference; and
24. comply with the directions of the Crown facilitator; and
25. comply with any reasonable request of the Crown facilitator to provide any relevant information that the local authority, group of local authorities, water organisation, or consumer trust holds.