440MExpenses to be borne by council

440M Expenses to be borne by council

440M Expenses to be borne by council

(1) The Departmental Chief Executive may recover from a council the reasonable expenses incurred by or in respect of the Department in the conduct of an investigation into a councillor of the council under this Division.

(2) The Departmental Chief Executive may make a determination of the amount of the expenses referred to in subsection (1) and serve a notice on the council requiring the amount so determined be paid in recovery of the Department’s expenses.

(3) An amount equal to the expenses as so determined is payable to the Department as a debt by the council concerned, except as determined by the Departmental Chief Executive.

(4) The council may apply to the Civil and Administrative Tribunal for an administrative review of whether any part of the expenses so determined are not reasonable expenses.

(5) The Departmental Chief Executive must give effect to any decision of the Tribunal on an administrative review of the determination of the amount of the expenses.

(6) A reference in this section to expenses incurred includes a reference to remuneration paid to departmental staff.

s 440M: Ins 2004 No 73, Sch 1 [4]. Subst 2012 No 94, Sch 1 [12]. Am 2013 No 95, Sch 2.91 [14] [15].