NEW ZEALAND GAZETTE, No. 61 — 7 JULY 2016

Dated at Wellington this 6th day of July 2016.

STEVE STUART, Deputy Secretary, Sector Enablement and Support, Ministry of Education.

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Notice of Appointment of a Crown Manager to the Kaipara District Council

Pursuant to section 258D of the Local Government Act 2002, the Associate Minister of Local Government gives notice of her appointment of

Peter David McGredy Winder

as Crown Manager to the Kaipara District Council (“Council”).

The role of the Crown Manager is to address any outstanding or future legal actions relating to the development of the Mangawhai Community Wastewater Scheme (“Scheme”), and the setting and collection of rates during and prior to the Kaipara District Council Commission’s (“Kaipara Commission”) term.

The term for the Crown Manager and the management period will commence on the day the newly elected Council is declared, following the 8 October 2016 local elections. The appointment and management period will, unless otherwise advised by written notice by the Minister of Local Government, expire on the day after the date elected members of the Council are declared, following the 2019 local election.

Terms of Reference for a Crown Manager (Under Section 258D of the Local Government Act 2002)

Background

On 30 May 2016, Cabinet agreed to the appointment of a Crown Manager to assist the Council when it returns to elected governance in October 2016.

There are current legal actions relating to the development of the Scheme and the setting or collection of rates during the Kaipara Commission’s term. These legal actions could inhibit the ability of the newly elected Council to make immediate decisions on behalf of the community and provide effective governance. Newly elected Council members would require time to become familiar with them and decide on the Council’s position, as they are complex and sensitive issues.

The Crown Manager is being appointed to assist the Council by taking responsibility for any outstanding and future legal actions relating to the development of the Scheme, and the setting or collection of rates during and prior to the Kaipara Commission’s term on the Council’s behalf.

The Associate Minister of Local Government considers that the assistance of a Crown Manager is important to the success of newly elected Council members in providing effective governance. Pursuant to section 258D(1)(a) of the Local Government Act 2002, and in accordance with the Minister of Local Government’s delegation of all matters relating to the Council, the Associate Minister of Local Government appoints a Crown Manager to assist the Council.

Extent of Authority

The Crown Manager will manage outstanding and future legal actions relating to the development of the Scheme and the setting or collection of rates during and prior to the Kaipara Commission’s term on behalf of the newly elected Council, including the following matters:

• The Council’s legal action against the Council’s former Chief Executive;
• any additional legal actions against any party relating to the development or operation of the Scheme prior to 2013;
• the judicial review action against the Council challenging the legality of rates and penalties relating to the 2011/12 to 2015/16 rating years (CIV-2015-488-95);
• any additional legal actions against the Council relating to rates for the 2016/17 rating year and prior rating years; and
• any legal action that is required by the Council to collect rates due for the 2016/17 rating year and prior rating years.

The Crown Manager is therefore able to:

• make decisions relating to the legal actions within their management responsibilities, including the power to initiate and manage new legal actions, or discontinue current legal actions, that fall within their responsibilities;

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