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Building Act 2004

Regulatory responsibilities and accreditation - Miscellaneous responsibilities - Chief executive may review territorial authorities

276: Review of territorial authorities

You could also call this:

“The boss can check if a local council is doing its job properly and following the rules.”

The chief executive can check on how well a territorial authority is doing its job under this Act. They can do this on their own or if the Minister asks them to. The chief executive can look at whether the territorial authority is doing its duties correctly and using its powers properly.

When the chief executive does this check, they must give the territorial authority a chance to write down their thoughts about it. The chief executive needs to think about what the territorial authority says.

After the check is done, the chief executive must tell the Minister if they think the territorial authority isn’t doing its job right or isn’t using its powers correctly. If the chief executive thinks there’s a problem, they need to explain why they think that in their report to the Minister.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308261.

Topics:
Government and voting > Local councils
Housing and property > Home safety and repairs
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277: Non-performance by territorial authority, or

“The Minister can choose someone to do the local council's job if they're not doing it properly.”

Part 3 Regulatory responsibilities and accreditation
Miscellaneous responsibilities: Chief executive may review territorial authorities

276Review of territorial authorities

  1. The chief executive may, on his or her own initiative or at the request of the Minister, conduct a review of either or both of the following matters:

  2. whether a territorial authority is properly performing its functions and duties under this Act:
    1. whether a territorial authority is properly exercising its powers under this Act.

      1. The chief executive must—

      2. give the territorial authority a reasonable opportunity to make written submissions on the review; and
        1. consider those submissions (if any).

          1. The chief executive must, after completing the review,—

          2. report to the Minister if he or she believes that either or both of the following applies:
            1. the territorial authority is not properly performing its functions or duties under this Act:
              1. the territorial authority is not properly exercising its powers under this Act; and
              2. if paragraph (a) applies, state in the report the facts on which that belief is based.

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