Rural Lands Protection Act 1998 No 143
Current version for 1 January 2013 to date (accessed 26 May 2013 at 01:14)
Part 14Division 2

Division 2 Administration of authorities

218   Appointment of administrator of all functions of authorities

(1)  The Minister may, by order published in the Gazette, remove all directors of an authority from office and appoint a person specified in the order as administrator of all the functions of the authority.
(2)  An order may be made:
(a)  if the authority fails to hold an election as required by Schedule 2, or
(b)  if the authority has failed to comply with any order of the State Council under section 27 (State Council may order an authority to take specified action), or
(c)  if the board of the authority has insufficient directors to form a quorum, or
(d)  if the authority has failed to carry out any function relating to animal health or any other matter to the satisfaction of the Minister, or
(e)  in such other circumstances as may be prescribed by the regulations.
(3)  An order under subsection (2) (b) or (c) may be made only at the request of the State Council.
(4)  If the State Council requests the Minister to make an order on the ground that a board has insufficient directors to form a quorum, the Minister may, instead of removing the directors from office, by order published in the Gazette appoint the necessary number of persons qualified to hold office as directors of the board until the vacancies can be filled as provided by this Act.
(5)  The administrator holds office (subject to this Act) until immediately before the first meeting of the board following an election held in accordance with a direction given under section 221.
(6)  The administrator must, as soon as practicable after being appointed, take control of all of the property of the authority concerned.
(7)  The administrator must, subject to and in accordance with any direction of the Minister, exercise the functions of the authority in such manner as appears to the administrator to be in the best interests of the ratepayers of the district for which the authority is established.

219   Appointment of administrator of some functions of an authority

(1)  The Minister may, by order published in the Gazette, appoint a person specified in the order as administrator of one or more (but not all) of the functions of an authority specified in the order.
(2)  An order may be made:
(a)  if the authority has failed to comply with any order of the State Council under section 27, or
(b)  if the authority has failed to carry out any function relating to animal health or any other matter to the satisfaction of the Minister,
(c)  in such other circumstances as may be prescribed by the regulations.
(3)  An order under subsection (2) (a) may be made only at the request of the State Council.
(4)  The administrator holds office (subject to this Act) for such period as may be specified in the administrator’s instrument of appointment.

220   Effect of appointment of administrator

(1)  An administrator appointed under this Division has and may exercise, subject to any conditions specified in the order appointing the administrator, the functions of the authority specified in the order.
(2)  Any delegation or authority made or conferred by the authority in respect of any function of the authority that may be exercised by an administrator appointed under this Division ceases to have effect on that appointment.

221   Administrator to hold special election of directors when directed to do so

(1)  The Minister may, at any time while an administrator of an authority is holding office under section 218, give to the administrator a direction requiring the administrator to hold a special election of directors of the board of the authority.
(2)  An administrator of an authority that is given such a direction must:
(a)  by notice published in the Gazette, fix a date for the holding of a special election of the directors of the board of the authority, and
(b)  hold a special election of directors on that date.
(3)  The administrator holds office (subject to this Act) until immediately before the first meeting at the board following an election held in accordance with this section.
(4)  Unless for any reason they vacate office earlier, directors who are elected at a special election held under this section cease to hold office immediately before their successors take office in accordance with Schedule 2.
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