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Power to Appoint

Supervisors

The Local Governance Commission (LGC) may appoint a supervisor where, in the opinion of the LGC, a local government council is not able to form a quorum due to vacancies.

The LGC may also recommend that Cabinet appoint a supervisor for a local government where a local government:

  • has defaulted in meeting its obligations and probably cannot meet its future obligations;
  • is unable to carry on its business;
  • is not functioning effectively, as determined by an audit;
  • fails to fulfil its legislative responsibilities under the Local Governance Act and other Acts; or where
  • it is in the public interest.

A supervisor acts as the Council for the local government. The costs associated with a supervisor are the responsibility of the local government.

Trustees

The Local Governance Commission (LGC) may recommend that the Minister of Environment and Local Government appoint a Trustee for an Regional Service Commission (RSC) following an investigation or audit that found:

  • the board of directors is not functioning effectively;
  • the board of directors fails to fulfil its responsibilities under the Regional Service Delivery Act and its Regulations; or where
  • it is in the public interest.

The Trustee acts as the Board of Directors of the RSC. The costs associated with a trustee are the responsibility of the RSC.

Auditors

The Local Governance Commission (LGC) may appoint an auditor to audit the financial affairs of a public authority (local government, local board, or regional service commission). Following an audit, the auditor must provide a report to the LGC, which is shared with the Minister of Environment and Local Government and the public authority. Following a review of the report, the LGC may take any action it considers necessary, including suspending a senior employee of a public authority for the length of time the LGC deems fit. Where the LGC acts following the review of a report, the LGC must advise the Minister of Environment and Local Government. The costs associated with an auditor are the responsibility of the public authority.

Inspectors

The Local Governance Commission (LGC) may, on its own initiative or at the request of a senior employee of a local government, the Minister of Environment and Local Government or Cabinet appoint an inspector to carry out and investigation of a public authority (local government, a local board, or a regional service commission). The LGC determines the scope of the investigation. Following an investigation, the inspector must provide a report to the LGC. The LGC may take any action it considers necessary, including suspending a senior employee of a local government for a duration the LGC decides is fit. If the LGC acts following an investigation, the LGC must advise Minister of Environment and Local Government. The costs associated with an inspector are the responsibility of the public authority.