New Zealand Repealed Acts

This legislation has been repealed.

WATER SERVICES ENTITIES ACT 2022 - SECT 184

184 Minister may appoint Crown manager

1 The Minister may appoint a Crown manager to perform functions under this section if—

a) the Minister believes, on reasonable grounds, that a problem relating to the water services entity or the entity’s regional representative group exists and—

i) the nature and extent of the problem is such that the water services entity or the entity’s regional representative group is unlikely to effectively address the problem without the appointment of a Crown manager; or

ii) the water services entity or the entity’s regional representative group has not, without good reason, adequately implemented a recommendation of any other ministerial body in relation to the problem; or

iii) a ministerial body currently or previously appointed in relation to the water services entity or the entity’s regional representative group has recommended the appointment; or

b) the Minister has received a written request to do so from the water services entity, the entity’s regional representative group, or all or any of the entity’s territorial authority owners, and the Minister believes, on reasonable grounds, that a problem relating to the entity or the entity’s regional representative group exists.

2 Before appointing a Crown manager, the Minister must give notice of the proposed appointment in accordance with section 190 .

3 Before the Crown manager begins their management period, the Minister must give notice of the appointment in accordance with section 191 .

4 A Crown manager must, to the extent authorised by their terms of reference,—

a) direct the water services entity, or the board of the water services entity, or the entity’s regional representative group to act to address the problem; and

b) make recommendations to the Minister on whether the Minister should take further action in relation to the water services entity or the entity’s regional representative group, including whether the Minister should appoint any other ministerial body in relation to the entity or the entity’s regional representative group; and

c) ensure, as far as practicable, that the existing organisational capability of the water services entity or the entity’s regional representative group is not diminished; and

d) direct the water services entity or the entity’s regional representative group on any related matter as recommended by a ministerial body currently or previously appointed in relation to the entity or the entity’s regional representative group.

5 A Crown manager may work together with, or apart from, the board of a water services entity, or the entity’s regional representative group.

6 A water services entity or the entity’s regional representative group must—

a) co-operate with a Crown manager so that it may comply with its terms of reference; and

b) comply with the directions of a Crown manager; and

c) comply with any reasonable request of a Crown manager to provide any relevant information that the water services entity or the entity’s regional representative group holds.

7 A Crown manager must produce a final report that complies with section 193 as soon as practicable after their management period ends.

Note: 2002 No 84 s 258D