258MCMinister may appoint Crown commissioners—water services

1. The Minister may, in the circumstances set out in subsection (2), appoint 2 or more Crown commissioners—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 Crown commissioners—water services if—

7. the local authority, group of local authorities, water organisation, or trustees of the consumer trust request, 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 significant 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 Crown commissioners—water services; or
   2. in the case of a water organisation, the shareholders of the organisation have failed to effectively address the problem; 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 is necessary to appoint Crown commissioners—water services to—
   1. identify or implement a solution to a problem, and the solution will require actions or decisions from 2 or more local authorities or 2 or more water organisations; or
   2. replace the board of a water organisation; or
   3. replace the joint committee or body that represents the shareholders of a water organisation (which may include, for example, replacing a local authority representative or trustee).

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

16. work with the local authority, group of local authorities, water organisation, or trustees to—
    1. address a problem:
    2. implement a solution to a problem or to address any other matter specified in a request made under subsection (2)(a) or specified in the terms of reference; and
17. direct the local authority, group of local authorities, water organisation, or trustees to act to—
    1. address a problem:
    2. implement a solution to a problem or to address any other matter specified in a request made under subsection (2)(a) or specified in the terms of reference:
    3. make decisions that are necessary to address the problem or to implement the solution; and
18. oversee the local authority, group of local authorities, water organisation, or trustees implementing a solution to 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 commissioners’ terms of reference, including the duration of the Crown commissioners’ appointment or the scope of the Crown commissioners’ role, to enable the Crown commissioners 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, to the extent practicable, that the ability of the local authority, group of local authorities, water organisation, or trustees to perform their obligations in relation to the provision of water services is not diminished.

21. Crown commissioners—water services may, to the extent authorised by their terms of reference, do any of the following:

22. if appointed to a water organisation, perform any functions or duties, or exercise any powers, of the board of the water organisation:
23. if appointed to a consumer trust, perform any functions or duties, or exercise any powers, of the trustees:
24. if appointed to a water organisation that is owned by 1 or more local authorities, perform any functions or duties that the committee or body that represents the shareholders of the water organisation would otherwise undertake in relation to the water organisation.

25. If applicable, and to the extent authorised by their terms of reference, Crown commissioners—water services must also 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.

26. The local authority, group of local authorities, water organisation, or trustees of the consumer trust to which Crown commissioners—water services have been appointed must—

27. co-operate with the Crown commissioners—water services so that the Crown commissioners—water services may fulfil their terms of reference; and
28. comply with the directions of the Crown commissioners—water services; and
29. comply with any reasonable request of the Crown commissioners—water services to provide any relevant information that the local authority, group of local authorities, water organisation, or trustees hold.