Parliament

Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search

 

Government plugging local authority legal loophole

The Minister of Local Government, Hon Sandra Lee, says the Government has acted to remove the possibility of challenges to the validity of some local authority decisions.

The Government today introduced legislation, which the House debated and passed through all stages, to ensure where the appointments of local authority chief executives have been rolled over beyond a term of 5 years, that this is not a ground to challenge decisions of that local authority or the chief executive, even though the chief executive’s position should have been advertised.

Local Government Minister Sandra Lee said the Solicitor-General had advised that key provisions of the Local Government Act 1974 require a local authority to notify a vacancy in the office of chief executive at least once every five years.

"The audit office believes about 30 local authority chief executives have been in their jobs since 1989 and that it is likely all of them have had their contracts rolled over beyond their five year terms instead of the positions being re-advertised and fresh applications called for," said Ms Lee.

"The Local Government (Validation of Reappointments) Bill, aims to remove the possibility of challenges to local authority decisions based on doubt about the validity of chief executive reappointments", she said.

The Solicitor-General has informed the Government of the possibility of judicial review proceedings against local authorities where chief executives, who have had their jobs rolled over, exercised decision-making powers.



The Government has also been informed that people affected by local authority decisions might also bring legal challenges on the basis that a council decision was tainted by the involvement of a chief executive of legally questionable standing, or that the chief executive acted outside his or her legal powers in implementing a council decision.

"While there may not be any legal challenges to date, the passing of this Bill will validate the re-appointments of chief executives who have had their jobs rolled over," said Ms Lee.

She said the Government was considering changes to the Act as requested by the local government sector, which would allow local authorities the discretion to reappoint their CE for a term exceeding 5 years, without the need for advertising the position.

ends

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

SCOOP COVERAGE: CHRISTCHURCH MOSQUES TERROR ATTACK


Fair Pay Agreements Good: CTU Releases Report On Sector Bargaining

The Council of Trade Unions has today released an independent report conducted by economic research company BERL into the validity of sector bargaining.

And the findings are clear - there is no economic reason not to implement sector bargaining but many social and individual wellbeing reasons to do so. More>>

 

Health: Ban On Smoking In Cars With Children Passes First Reading

The Smoke-free Environments Amendment Bill would allow police to issue $50 fines for those smoking with passengers under 18 years of age. More>>

ALSO:

Goldsmith New National Finance Spokesperson: Amy Adams To Leave Politics In 2020

Amy Adams has announced she will retire from politics at the 2020 election and as a consequence of that decision she has chosen to stand down from the spokesperson roles she holds in the Party. More>>

ALSO:

Gordon Campbell: On The Government's Cosmetic Banking Reforms

The elephant in the room as the government carries out its latest bout of tinkerings with our banking practice is the extraordinary level of profit-taking still being extracted by the Australian Banking Gang from ordinary New Zealanders. Yes indeed, ... More>>

ALSO:

IPCA: Offensive Language, Misuse Of Pepper Spray

The Independent Police Conduct Authority has found that, following a pursuit in Auckland, a man was dealt with inappropriately and unprofessionally by a Police officer during his arrest. More>>

ALSO:

Stats NZ: Gender Inclusive Questions Introduced

More than 28,000 New Zealand households will be asked to take part in the upcoming Household Economic Survey. Starting this year, the survey will ask people to describe their gender – whether that is male, female, or if they see themselves another way, such as one of many non-binary genders. More>>

New Report: Are We Listening To Children?

A report released today is a sharp reminder that what children and young people say makes a difference, and that it’s time we paid more attention to their views, says Children’s Commissioner Andrew Becroft. More>>

ALSO:

The Nation: Canadian Euthanasia Practitioner Stefanie Green

The euthanasia debate is progressing, with the End of Life Choice Bill expected to have its second reading in Parliament on Wednesday. A similar bill was passed in Canada in 2016 ... More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels