Crown Manager Terms of Reference




NEW ZEALAND GAZETTE, No. 61 — 7 JULY 2016

  • direct the Council to act, as appropriate, to address the legal actions within their management
    responsibilities; and
  • make recommendations to the Minister of Local Government as to whether the Minister should take any
    further action in relation to the Council, including whether the Minister should appoint another Ministerial
    body to the Council.

The Crown Manager is required to collaborate, to the extent that it is relevant, with the Northland Regional
Council on challenges relating to rates set by Northland Regional Council and the collection of these rates by the
Council.

The Crown Manager must act in good faith when making decisions to initiate new or discontinue current legal
actions within their management responsibilities. The Crown Manager must consider the merit of initiating new
or discontinuing current legal actions against the costs and resources required when making his or her decisions.
The Crown Manager must consult the elected Council before he or she decides to initiate new legal actions or
discontinue current legal actions.

The Crown Manager will report to the elected Council and inform, as appropriate, the Kaipara community at least
six-monthly of the progress of legal matters within his or her management responsibilities. This must include any
decisions he or she has made, to assure the Council and community that their interests are being looked after.

The Crown Manager may make recommendations to the elected Council following Court decisions on the legal
actions within their management responsibilities.

The Crown Manager must comply with any legal obligations that would otherwise apply to the Council and
ensure, as far as practicable, that the existing organisational capability of the Council is not diminished.

The Crown Manager may work with the Council’s Chief Executive and any other parties, as appropriate, to resolve
the legal matters within their management responsibilities. The Crown Manager may request any assistance from
the Department of Internal Affairs, or other parties he or she considers necessary to fulfil these Terms of
Reference.

The Council is required under section 258D(6) of the Local Government Act 2002 to:

  • co-operate with the Crown Manager so that the Crown Manager may fulfil these Terms of Reference;
  • comply with the directions of the Crown Manager; and
  • comply with any reasonable request from the Crown Manager to provide relevant information.

The Council will make available and accessible the resources required for the Crown Manager to fulfil these
Terms of Reference.

Term of the Appointment

The term for the Crown Manager’s appointment and the management period starts on the day the newly elected
Council is declared, following the triennial general election on 8 October 2016. The appointment and management
period will, unless otherwise advised by the Minister of Local Government, end on the day after the date on which
the Council is declared elected, following the triennial general election in 2019.

The Minister of Local Government may end the appointment and management period early by way of written
notice if the Minister is satisfied that the appointment is no longer required. The Minister of Local Government
may extend the appointment and management period by way of written notice if the Minister considers the
continued appointment of the Crown Manager is still required.

Remuneration and Costs

The remuneration of the Crown Manager will be paid out of money belonging to the Council pursuant to section
258W of the Local Government Act 2002. Remuneration will be paid in accordance with the Cabinet Fees
Framework at a rate of $900.00 a day. The Crown Manager is responsible for ensuring any expenses claimed are
reasonable and necessary.

Reporting

The Crown Manager must report, as appropriate, to the Minister of Local Government at least six-monthly on the
progress in fulfilling his or her Terms of Reference.

The Crown Manager must provide a final report to the Minister of Local Government as soon as practicable after
the management period ends. The final report must comply with section 258U of the Local Government Act 2002.
In addition, the Crown Manager must report on any potential problems that remain or any new related problems
that have emerged. The final report may make further recommendations to the Minister of Local Government.

Protection From Liability

70



Next Page →



Online Sources for this page:

Gazette.govt.nz PDF NZ Gazette 2016, No 61





✨ LLM interpretation of page content

🏘️ Terms of Reference for Crown Manager to Kaipara District Council (continued from previous page)

🏘️ Provincial & Local Government
Crown Manager, Kaipara District Council, Legal Actions, Rates, Reporting, Remuneration