28 MARCH 2013 NEW ZEALAND GAZETTE, No. 38 1141

List of matters to which the Minister must have regard

(a) Guiding principles

In making decisions under Part 10 of the Act and determining what action, if any, to take under Subpart 1 of Part 10 of the Act, the Minister is likely to adopt the following guiding principles:

• Ministerial action should be informed by the purpose of local government and the role of, and principles relating to, local authorities, as set out in Subparts 1 and 2 of Part 2 of the Act;
• local authorities are responsible for preventing and solving their own problems;
• local authorities’ accountability is to their ratepayers and residents;
• elections are the primary mechanism for communities to express satisfaction or dissatisfaction with elected representatives;
• Ministerial assistance or intervention should have regard to:
  • what the local authority has done, is doing, or plans to do about the problem; and
  • the costs and benefits of assistance or intervention;
• Ministerial assistance or intervention should be proportionate to:
  • the nature and magnitude of the problem;
  • its potential consequences; and
  • its duration to date and its likely duration if not addressed;
• Ministerial assistance or intervention should endure for only as long as necessary to resolve the problem and provide for a transition back to normal democratic processes; and
• Ministerial decisions regarding assistance or intervention should be transparent.

(b) Matters likely to detract from the ability of local authorities to give effect to the purpose of local government

The matters or circumstances relating to management or governance of local authorities that the Minister considers are likely to detract from the ability of local authorities to give effect to the purpose of local government within their districts or regions are:

• financial mismanagement; and/or
• a significant failure in service delivery; and/or
• dysfunctional governance, which includes:
  • failure or breakdown of key relationships; and/or
  • serious capability deficiencies of elected members or the chief executive of the local authority.

(c) Types and sources of information

When making decisions under Part 10 of the Act, the Minister is likely to consider the following types and sources of information:

• Plans or reports from the local authority, which are voluntarily supplied, required under section 257 of the Act or any other enactment, or requested under any enactment;
• audit reports, including assessment of the accuracy and adequacy of financial reporting required by Regulations made under section 259 of the Act; and
• reviews, reports or communications from any person, group or organisation.

Dated at Wellington this 17th day of March 2013.

HON CHRIS TREMAIN, Minister of Local Government.

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Justice

Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Proposed Regulations Under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009

In accordance with section 154(3) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, the Minister of Justice hereby gives notice that, subject to approval by the Cabinet and Legislation Committee, she intends to make recommendations to the Governor-General that Regulations are made to prescribe the matters described below.

Employer-sponsored superannuation schemes

Exemptions will be provided for a certain class of employer-sponsored superannuation schemes where the risk of money laundering or the financing of terrorism occurring is very low.

The class of employer-sponsored superannuation schemes eligible for exemption will be based on the class identified in the Securities Act (Employer Superannuation Schemes) Exemption Notice 2004.

Subsidiary companies of excluded persons and other services

Regulation 20 of the Anti-Money Laundering and Countering Financing of Terrorism (Definitions) Regulations 2011 will be expanded by way of clarification to include subsidiary companies that carry on the ordinary business of an excluded person.

Regulation 20 will also be expanded to exempt executors, administrators, or trustees in respect of services provided in the administration of an estate or a trustee, or in respect of services provided to beneficiaries of a family trust.

Any person wishing to provide comment on these proposals should contact:

Ben Wakely
Criminal Law Team
Ministry of Justice
DX SX10088
Wellington.
Telephone: (04) 918 8584.
Email: ben.wakely@justice.govt.nz

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Justices of the Peace Act 1957

Justice of the Peace Resignations

It is noted for information that

Phyllis Davis McLachlan, of Auckland
Lorraine Eade, of Christchurch
Barrie Read Bright, of Paraparaumu
Joan Marie O’Dea, of Paraparaumu
Trevor James Billington, of Napier

have resigned their appointments as Justices of the Peace for New Zealand.

Dated at Wellington this 26th day of March 2013.

ANDREW BRIDGMAN, Secretary for Justice.

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