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Local Government Act 1993 No 30
Current version for 5 December 2019 to date (accessed 18 January 2020 at 20:08)
Division 6 Appointment of administrator
255 Governor may dismiss mayor and councillors
(1) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if—(a) a public inquiry concerning the council has been held, and(b) the Minister has recommended that the Governor make such a declaration.(1A) The Minister may recommend that the Governor make such a declaration only—(a) after considering the results of the public inquiry, or(b) if the Minister decides to issue a performance improvement order to the council in response to the results of the public inquiry—after issuing the order and considering whether the council has complied with the order.(2) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988, recommends that consideration be given to the making of such a declaration because of systemic corruption within the council.(3) If the Independent Commission Against Corruption makes such a recommendation, all civic offices in relation to the council may be declared vacant under subsection (2) without the holding of a public or other inquiry concerning the council. However, the making of such a recommendation does not preclude the holding of a public or other inquiry.(4) For the purposes of this Act, a council is dismissed if the Governor declares all civic offices in relation to the council to be vacant.
256 Governor may appoint administrator or order fresh election
(1) By the same proclamation under section 255 or by one or more subsequent proclamations, the Governor is—(a) to appoint an administrator of the council for a specified term, oror both.(b) to order the holding of a fresh council election,(1A) More than one administrator may be appointed (with the same or different functions).(2) The Governor may, by those or other proclamations, make such further orders as the Minister recommends are necessary in the circumstances.
257 Declaration of council as non-functioning
(1) An administrator may be appointed for an area by the Governor without the necessity for a public inquiry if the Governor declares the council to be non-functioning because—(a) the requirements of this Act as to the making and levying of an ordinary rate have not been followed, or(b) the council has not exercised its functions for 6 months or more, or(c) there are not enough councillors for there to be a quorum at council meetings.(2) The Governor may, as an alternative to the appointment of an administrator on the ground referred to in subsection (1)(c), appoint (or authorise a special election to elect) councillors to fill all the vacancies on the council or such number of those vacancies as will provide a quorum at meetings.
(1) When an administrator of a council appointed under this Division takes office—(a) any persons holding civic office in relation to the council cease to hold office, and(b) the administrator has all the functions of the council (including all the functions of a councillor and the mayor) until immediately before the first meeting of the council held after the fresh election.(1A) If more than one administrator is appointed, each administrator has the functions of the council specified in the instrument of appointment.(1B) If more than one administrator is appointed, one of the administrators is to be specified in the instrument of appointment as the person who is to exercise the functions of the mayor of the council.(2) An administrator must be paid a salary from the council’s funds determined by the Governor.(2A) If more than one administrator is appointed for a council, the Minister may give directions for the purpose of resolving any issues that arise as a result of there being more than one administrator.(3) The Governor may terminate an administrator’s appointment at any time.(4) An administrator ceases to hold office—(a) immediately before the first meeting of the council held after the fresh election, or(b) if the administrator’s appointment is earlier terminated by the Governor.
259 Temporary exercise of the council’s functions
(1) In this section, the transitional period means the period between—(a) the appointment of an administrator of a council and the time at which the administrator takes office, or(b) the declaration of a council to be non-functioning and the time at which the appointed or elected councillors for the area take office, if the declaration provides for their appointment or election instead of the appointment of an administrator.(2) During the transitional period, the mayor, or the general manager if there is no mayor, may temporarily exercise the following functions of the council—(a) the continuation of works and services already commenced,(b) the payment of council employees,(c) the payment of accounts due,(d) the administration of the area without expenditure other than those payments and payments approved by the Minister.