- Title page
- Crown Entities Act 2004 and Amendment Act 2013
- Human Rights Act 1993
- NZ Bill of Rights Act 1990
- Official Information Act 1982
- Protected Disclosures Act 2000
- Public Finance Act 1989 and Amendment Act 2013
- Public Records Act 2005
- State-Owned Enterprises Act 1986
- State Sector Act 1988 and Amendment Act 2013
Crown Entities Act 2004 and Amendment Act 2013
The Crown Entities Act 2004 came into force on 25 January 2005. It is an umbrella Act covering all Crown entities, and it operates alongside individual entities’ empowering Acts. The Crown Entities Act prevails over entities’ Acts in the event of any conflict, unless the entity’s Act expressly provides otherwise. School Boards of Trustees and Tertiary Education Institutions are exceptions. Only a small number of provisions from the Crown Entities Act apply to them and these are listed in Schedules to the Act, and in the Education Act 1989.
The main purposes of the Crown Entities Act are to:
Provide a consistent framework for the establishment, governance, and operation of Crown entities.
Clarify accountability relationships between Crown entities, their board members, their responsible Ministers on behalf of the Crown, and the House of Representatives.
The Act provides for different categories of Crown entities and for each category to have its own framework for governance. This includes tailored provisions on appointment and removal of board members, and on whether the entities will be required to have regard to or give effect to government policy.
The Act also clarifies the powers and duties of board members regarding the governance and operation of Crown entities, and includes duties such as to ensure the entity operates in a financially responsible manner.
Reporting and accountability requirements are in Part 4 of the Act, which is administered by Treasury. The rest of the Act is administered by the State Services Commission.
Changes from August 2013
In 2013, substantive amendments were made to the Crown Entities Act as well as the State Sector Act 1988 and the Public Finance Act 1989. Collectively, the changes were designed to strengthen collaboration throughout the State sector system, to improve financial flexibility, and to provide more meaningful performance information for scrutiny by Parliament.
The main changes to the parts of the Crown Entities Act that are administered by the State Services Commission are to:
- provide a statutory basis for Crown entity monitors, clarifying their role, functions and powers;
- increase focus for Crown Entities to work across boundaries in the collective interests of government. Boards have an expanded duty to ensure the entity collaborates with other public entities where practicable. But most collaboration will be expected without being directed;
- broaden the scope for the use of directions to support a whole of government approach. These will help functional leaders influence and interact with entities, to better achieve functional leadership objectives;
- require a mandatory review of ministerial directions given under any Act to a Crown entity;
- give the Minister of State Services the power to request certain types of information;
- fix a potential problem concerning the timing of appointments or reappointments of the chairperson and deputy chairperson of a Crown entity board.
View an explanation of the changes (PDF 123 KB). The paper records the rationale for the legislative amendments, including the more significant shifts in thinking at various stages during the policy development, legislation drafting and parliamentary processes.
Significant changes were also made to the reporting and financial provisions in part 4 administered by the Treasury. The Treasury’s website provides detailed information about the requirements.
- Crown Entities Amendment Act 2013:
View the Crown Entities Act 2004 (update/reprint as at 1 July 2014) online at: