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Building Act 2004

Regulatory responsibilities and accreditation - Miscellaneous responsibilities - Power of Minister to appoint person to perform functions and duties, or exercise powers, of territorial authority

277: Non-performance by territorial authority

You could also call this:

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

If you don’t do your job properly as a territorial authority under this Act, the Minister can step in. The Minister will first check if you’re not doing your duties or using your powers correctly, as outlined in section 278. If the Minister thinks you’re not doing a good job, they can ask someone else to do your work instead. The Minister will talk to the Minister of Local Government before making this decision. The person they choose can do some or all of your jobs and use some or all of your powers under this Act. This helps make sure that the important work still gets done, even if you’re not able to do it yourself.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308263.

Topics:
Government and voting > Local councils
Housing and property > Home safety and repairs
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276: Review of territorial authorities, or

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

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278: Criteria for appointment or renewal of appointment, or

“Rules for choosing someone to help when a local council can't do its job properly”

Part 3 Regulatory responsibilities and accreditation
Miscellaneous responsibilities: Power of Minister to appoint person to perform functions and duties, or exercise powers, of territorial authority

277Non-performance by territorial authority

  1. This section applies if the Minister considers, in accordance with section 278, that a territorial authority is not properly performing its functions or duties, or exercising its powers, under this Act.

  2. The Minister may, in consultation with the Minister of Local Government, appoint 1 or more persons to act in place of the territorial authority by—

  3. performing all or any of the territorial authority's functions or duties under this Act:
    1. exercising all or any of the territorial authority's powers under this Act.

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