438APerformance improvement order

#### 438A Performance improvement order 438A Performance improvement order > > (1) The Minister may issue an order in respect of a council if the Minister reasonably considers that action must be taken to improve the performance of the council. > > > (2) An order issued under this section is a performance improvement order. > > > (3) A performance improvement order is to specify— > > > > > (a) the reasons why the Minister has decided to issue the order, and > > > > > (b) the actions that the Minister requires to be taken to improve the performance of the council. > > > (4) Actions to improve the performance of a council include any actions the Minister considers necessary to improve or restore the proper or effective functioning of the council. > > > (5) The order may require action to be taken by the council, by individual councillors, or both. > > > (6) A performance improvement order may require the quorum for a meeting of the council to be determined as specified by the Minister in the performance improvement order. > > > (6A) The Minister may vary a performance improvement order (and, if an order is varied, a reference in this Act to the order is a reference to the order as varied). > > > (7) A copy of the performance improvement order, or the variation of a performance improvement order, is to be served on the council. > > > (7A) The making of a performance improvement order, or the fact that such an order is in force, does not derogate from a power of the Minister or any other person to make any other order or take any other action under this Act. > > > (8) In relation to a performance improvement order, a reference to an action, or the taking of any action, includes a reference to doing any thing or refraining from doing any thing. > > **s 438A:** Ins 2013 No 44, Sch 1 \[41\]. Am 2015 No 37, Sch 1 \[5\]–\[7\].