173Appointment of an administrator

#### 173 Appointment of an administrator 173 Appointment of an administrator > > (1) The Minister may, by order published in the Gazette, remove the members of the board of a corporation from office and appoint an administrator to conduct the affairs of the corporation. > > > (2) The Minister may make an order if the Minister is of the opinion that— > > > > > (a) the board or the corporation has failed, or is unable to, carry out its functions as required by or under this Act, or > > > > > (b) without limiting paragraph (a), the corporation has failed or is unable to provide or maintain water supply, water distribution or drainage services or corporation works, or > > > > > (c) the corporation is unable to pay its debts as they fall due, or > > > > > (d) the board or corporation has regularly or materially contravened this Act, the regulations or the rules of the corporation, or > > > > > (e) in all the circumstances of the case it is just and equitable to do so. > > > (3) Before making an order, the Minister must— > > > > > (a) cause notice of the proposed order to be published in a newspaper circulating in the local area in which the corporation provides services, and > > > > > (b) in that notice, invite submissions to be made to the Minister about the proposal within the period of 4 weeks following the publication of the notice, and > > > > > (c) consider any submissions made within that period. > > > (4) The Minister is not required to comply with subsection (3) if the Minister is of the opinion that the special circumstances of the case require the order to be made immediately. > > **s 173:** Am 2009 No 17, Sch 3.22 \[1\]. Subst 2010 No 133, Sch 2\[54\].