Media Release

20 February 2009

Legislation needed for transition post

Special legislation would be required for the current Chair of the Royal Commission into Auckland’s local government to be appointed to run the city during any transition period.

That’s according to Dr Grant Hewison, a senior associate at Kensington Swan and expert in Local Government.

It follows media speculation that the Chair, Judge Peter Salmon, may run the region during a period of transition from seven local councils and the regional council into a new model of governance.

The Commission’s findings are due to be reported to the Government on 31 March.

Grant Hewison, who has a PhD in local government law, says the suggestion would require special legislation.

“It is true that the Minister of Local Government has powers under the Act to appoint Commissioners to councils.

“But the Minister can only do that if the council cannot perform, or is not performing, its functions, duties or responsibilities.

“There is no suggestion that any of the councils in the Auckland region presently fall into that category.

“As there is no general power for the Minister to appoint a Commissioner, such an appointment would require special legislation,” he says.

Dr Hewison says legislation will almost certainly be required to provide for any transition to a new model of governance for Auckland.

ENDS

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