8Independence of Implementation Monitor

8 Independence of Implementation Monitor

(1)  The Implementation Monitor –

(a) is not subject to the general direction or control of any Minister in respect of the performance of the functions, or the exercise of the powers, of the Implementation Monitor under this Act; and

(b) without limiting the generality of paragraph (a) , has complete discretion in respect of the content of each report prepared by the Implementation Monitor under this Act; and

(c) is not subject to the State Service Act 2000 , when performing the functions or exercising the powers of the Implementation Monitor under this Act.

(2)  Nothing in subsection (1) prevents the Minister from requesting the Implementation Monitor to provide written or oral advice on any matter relating to an implementation action or a monitored recommendation.

(3)  If the Implementation Monitor receives a request from the Minister under subsection (2) , the Implementation Monitor must, in the next report of the Implementation Monitor under Part 5  –

(a) address the request; or

(b) if the Implementation Monitor is not able to address the request, publish the request and the reasons why the request is unable to be addressed.