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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

278: Criteria for appointment or renewal of appointment

You could also call this:

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

When the Minister thinks about choosing someone to help a territorial authority, they need to decide if the authority can do their job well enough. The Minister has to think about whether the authority can do all the things they’re supposed to do under the law.

If the Minister does choose someone to help, they have to think about the same things when it’s time to decide if that person should keep helping. The Minister needs to look at whether the territorial authority can do its job properly now.

If the Minister thinks the territorial authority can do its job again, they will tell the person who was helping to stop. The Minister will also tell the territorial authority to start doing its job again.

When the Minister decides the person helping should stop, they have to let that person know. This is called giving them notice that their job is ending.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308264.

Topics:
Government and voting > Local councils
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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.”

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279: Effect of appointment, or

“Explains what happens when someone is chosen to do a council's job”

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

278Criteria for appointment or renewal of appointment

  1. In determining whether an appointment under section 277 should be made, the Minister must consider whether the territorial authority is capable of performing its functions or duties, or exercising its powers, under this Act to the extent that the Minister considers necessary to achieve the purposes of this Act.

  2. If the Minister makes an appointment under that section, he or she must, in determining whether the appointment should be renewed,—

  3. consider the matter specified in subsection (1); and
    1. revoke the appointment and direct the territorial authority to resume the performance of its functions or duties, or the exercise of its powers, under this Act if he or she considers that the territorial authority is capable of doing so.

      1. If subsection (2)(b) applies, the Minister must give the person appointed under section 277 notice of the revocation of that person's appointment.

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