This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Planning Bill

Key roles - Ministerial intervention - Central government

202: Residual powers of Minister

You could also call this:

"Minister's Power to Fix Local Authority Problems"

If a local authority is not doing its job, the Minister can appoint someone to do it instead. The Minister can choose who to appoint and what terms they work under. You need to know the Minister will only do this after checking the local authority is not doing its job. The Minister must investigate the local authority under section 201 before making an appointment. They must also make recommendations to the local authority and give them written notice. The local authority then has a chance to fix any problems. Anyone appointed by the Minister can act as if they were the local authority. The Minister and the appointed person can recover any costs from the local authority. The local authority must pay these costs as a debt to the government. The government can also deduct these costs from any money they owe the local authority.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557656.

This page was last updated on 12 December 2025 — View changes

Topics:

Government and voting > Local councilsMoney and consumer rights > Government departments

201: Power of Minister to investigate and make recommendations, or

"The Minister checks if local authorities are doing their job and gives them advice to improve."

203: Minister may direct preparation of plan, document, change, or variation, or

"The Minister can ask a council to create or change a plan to follow the rules."

Part 5Key roles
Ministerial intervention: Central government

202Residual powers of Minister

If any local authority is not exercising or performing any of its functions, powers, or duties under this Act, the Minister may appoint, on such terms and conditions as the Minister thinks fit, 1 or more persons (including any officer of the public service) to exercise or perform all or any of those functions, powers, or duties in place of the local authority.
The Minister must not make an appointment under subsection (1) until—
the Minister has investigated the local authority under section 201; and
the Minister has made recommendations to the local authority under section 201(1)(b) or (d); and
the local authority has been given written notice specifying the reasons why the Minister proposes to make the appointment; and
the local authority has a reasonable opportunity to satisfy the Minister that it has not failed to exercise or perform any of its functions, powers, or duties under this Act, and having not succeeded in so satisfying the Minister, has failed to take proper steps within a time specified in the notice (being not less than 20 working days after the date of the notice) to remedy the defaults complained of.

Any person appointed under subsection (1) to exercise or perform the functions, powers, or duties of a local authority under this Act may do so as if the person were the local authority, and the provisions of this Act apply accordingly.
All costs, charges, and expenses incurred by the Minister for the purposes of this section, or by a person appointed by the Minister under this section in exercising or performing functions, powers, or duties of a local authority, are recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable to the local authority by the Crown.