NEW ZEALAND GAZETTE, No. 63 — 15 JUNE 2017

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.

Extent of authority

The Crown Manager will provide direction on 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 recently 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 Mangawhai Community Wastewater 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:

• direct the Council to act to address legal actions, including directing the Council to initiate new or discontinue legal actions within their management responsibilities;
• 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; and
• ensure, as far as possible, and to the extent authorised by these terms of reference, that the existing organisational capability of the Council is not diminished.

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 directing the Council 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 Council before he or she decides to direct the Council to initiate new legal actions, or discontinue current legal actions. The Crown Manager must ensure that his or her directions are consistent with the legal obligations of the Council.

The Crown Manager will report to the 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 directions 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 Council following Court decisions on the legal actions within their management responsibilities.

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 Act, 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 of the Crown Manager to provide relevant information. Any expense incurred by the Crown Manager to fulfil these Terms of Reference may be recovered by the Crown from the Council as a

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