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Local Government (Water Services Preliminary Arrangements) Act 2024

Water services delivery plans and foundational information disclosure requirements - Ministerial powers in relation to water services delivery plans - General provisions

32: Notice of proposed appointment of ministerial appointee

You could also call this:

"The Minister must inform the local council in writing before appointing someone to help with water services."

When the Minister wants to appoint a ministerial appointee, they must tell the relevant territorial authority in writing. The Minister must say they intend to make the appointment, give reasons for it, and include the proposed terms of reference. The Minister must also give the territorial authority a chance to comment on the appointment by a certain date, which is at least 10 working days after the notice is given.

The territorial authority can tell the Minister that the reasons for the appointment are not valid, or that the Minister should not make the appointment, or that they should appoint someone else. If the Minister decides not to appoint the ministerial appointee, they must notify the territorial authority in writing. If the Minister does decide to appoint the ministerial appointee, they must do so under section 26 or 29.

This rule does not apply if the territorial authority asked the Minister to make the appointment. You can find similar information in the 2002 No 84 s 258Q legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS972185.

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Part 2Water services delivery plans and foundational information disclosure requirements
Ministerial powers in relation to water services delivery plans: General provisions

32Notice of proposed appointment of ministerial appointee

  1. Before appointing a ministerial appointee, the Minister must—

  2. give the relevant territorial authority written notice that—
    1. the Minister intends to make the appointment; and
      1. sets out the reasons for the proposed appointment; and
        1. includes the proposed terms of reference; and
        2. give the territorial authority an opportunity to satisfy the Minister of the following matters, as applicable, by a date specified in the notice, which must be no earlier than 10 working days after the date on which notice is given:
          1. that the reasons for making the appointment do not exist:
            1. that for any other reason, the Minister should not make the appointment:
              1. that the Minister should appoint a different ministerial appointee.

              2. The Minister must—

              3. notify the territorial authority, in writing, if the Minister decides not to appoint the ministerial appointee; or
                1. appoint the ministerial appointee under section 26 or 29.

                  1. This section does not apply if the territorial authority requested the Minister to make the appointment.

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