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Local Government (Water Services Preliminary Arrangements) Act 2024

Watercare Services Limited - Crown monitor’s and Secretary’s expenses

89: Crown monitor’s and Secretary’s expenses recoverable from Watercare

You could also call this:

"The government can get back money it spends on checking Watercare from Watercare itself."

When the Crown monitor checks Watercare, they spend money on things like monitoring. You also have the money the Crown monitor gets paid and the expenses the Secretary has when making or changing the Watercare charter. The Crown can get this money back from Watercare, and the Minister decides how this happens. The Minister talks to Auckland Council and Watercare before making any decisions about getting the money back. The Minister can decide things like what expenses to pay back, put a limit on how much money is spent, or say when the expenses are incurred, and the Crown can get this money back from Watercare like it is a debt, as stated in the Public Finance Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964560.

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Part 4Watercare Services Limited
Crown monitor’s and Secretary’s expenses

89Crown monitor’s and Secretary’s expenses recoverable from Watercare

  1. This section applies to the following (the expenses):

  2. expenses incurred by the Crown monitor in relation to monitoring Watercare; and
    1. the remuneration of the Crown monitor; and
      1. expenses incurred by the Secretary in relation to preparing or amending the Watercare charter.

        1. The Crown may recover the expenses from Watercare on any terms and conditions set by the Minister.

        2. Before setting any terms and conditions, the Minister must consult—

        3. Auckland Council; and
          1. Watercare.

            1. The terms and conditions may, for example, do 1 or more of the following:

            2. specify, or specify classes, descriptions, or kinds of, all or any of the expenses:
              1. impose a cap on classes of expenses or total expenses:
                1. specify a time period in which classes of, or total, expenses are incurred, for the purposes of calculating a cap.

                  1. The duty to reimburse the expenses is not the Crown lending money for the purposes of the Public Finance Act 1989.

                  2. The Crown may recover the expenses as a debt to the Crown.

                  Compare
                  • 2022 No 77 Schedule 1 cl 35