239LAppointment of an administrator

239L Appointment of an administrator

239L Appointment of an administrator

(1) The Minister may, by order published in the Gazette, remove the trustees of a private water trust from office and appoint an administrator to conduct the affairs of the trust.

(2) The Minister may make an order if the Minister is of the opinion that—

(a) the trustees or the trust have failed, or are unable to, carry out their functions as required by or under this Act, or

(b) without limiting paragraph (a), the trustees or trust have failed or are unable to provide or maintain water supply, water distribution or drainage services or trust works, or

(c) the trust is unable to pay its debts as they fall due, or

(d) the trustees or trust have regularly or materially contravened this Act, the regulations or the rules of the trust, 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 trust 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 239L: Ins 2010 No 133, Sch 2[59].