Family Proceedings Amendment Act 2013

1: Title
This Act is the Family Proceedings Amendment Act 2013.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.
2: If any provision of this Act has not earlier been brought into force under subsection (1), it comes into force on the day that is 1 year after the date on which this Act receives the Royal assent.
3: Principal Act
This Act amends the Family Proceedings Act 1980 principal Act 2014-07-15 Family Proceedings Act 1980 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Appointment of barrister or solicitor to assist Court or represent children
Section 162(6)
5: New sections 162B to 162E inserted
The following sections are inserted after section 162
162B: Costs of Court-appointed barrister or solicitor
1: Despite section 162(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 162(1)(a), the Court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount the Court specifies in respect of those fees and expenses.
2: Despite section 162(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 162(1)(b), the Court must make an order under section 162C
162C: Order requiring refund of payments in respect of barrister or solicitor representing child
1: An order referred to in section 162B(2)
2: Each party must pay an equal share of the prescribed proportion.
3: Despite subsection (1)
4: Despite subsection (2)
5: In this section,— dependent child prescribed proportion section 131A serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.
162D: Enforcement of orders to refund fees and expenses of Court-appointed barristers or solicitors
1: The amount that a party is ordered to refund under section 162B(1) 162C
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no Court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1)
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the Court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
162E: Time for payment of orders to refund fees and expenses of Court-appointed barristers or solicitors may be extended
1: If an amount that a party is ordered to refund under section 162B(1) 162C
a: a greater time for payment:
b: payment to be made by instalments.
2: No arrangement under subsection (1)
3: No action to enforce an amount that is the subject of an arrangement under this section may be taken as long as the arrangement continues in force and is duly observed.
4: If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.
6: Transitional provisions relating to reimbursement of costs of Court-appointed counsel
1: Section 162(6) section 4
2: This subsection applies to—
a: any order made under section 162(6) section 4
b: any order made, after that commencement, under section 162(6) subsection (1)
3: Despite subsection (1) subsection (2) section 162(6) subsection (1)
4: Sections 162B 162C 162D(1) section 5 section 5
5: Sections 162D(2) and (3) and 162E section 5 subsection (2)


1: Title
This Act is the Property (Relationships) Amendment Act 2013.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.
2: If any provision of this Act has not earlier been brought into force under subsection (1)
3: Principal Act
This Act amends the Property (Relationships) Act 1976 principal Act 2014-07-15 Property (Relationships) Act 1976 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Court may appoint lawyer for children
Section 37A(3) and (4)
5: Transitional provisions relating to reimbursement of costs of court-appointed counsel
1: Section 37A(3) and (4) section 4 section 4
2: This subsection applies to—
a: any order made under section 37A(3) section 4
b: any order made, after that commencement, under section 37A(3) subsection (1)
3: Despite subsection (1) subsection (2) section 37A(4) subsection (1)


State Sector Amendment Act 2013

1: Title
This Act is the State Sector Amendment Act 2013.
2: Commencement
1: Section 60 Schedule
a: a date appointed by the Governor-General by Order in Council; and
b: 2 years after the date on which this Act receives the Royal assent.
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. Section 2(1)(a) brought into force 1 February 2015 clause 2 State Sector Amendment Act 2013 Commencement Order 2014
3: Principal Act
This Act State Sector Act 1988 principal Act 2013-07-18 State Sector Act 1988 LI 2014/371 2015-02-01 State Sector Act 1988 Section 60 and Schedule brought into force earlier by LI 2014/371 (see s 2(1)(a)). 2013-08-05 State Sector Act 1988 Section 65 takes effect on the date that the Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989 are repealed (5 August 2013 by 2012 No 119, s 77(2) and SR 2013/242).
4: Long Title repealed
Repeal the Long Title.
5: New section 1A inserted (Purpose)
After section 1
1A: Purpose
The purpose of this Act is to promote and uphold a State sector system that—
a: is imbued with the spirit of service to the community; and
b: operates in the collective interests of government; and
c: maintains appropriate standards of integrity and conduct; and
d: maintains political neutrality; and
e: is supported by effective workforce and personnel arrangements; and
f: meets good-employer obligations; and
g: is driven by a culture of excellence and efficiency; and
h: fosters a culture of stewardship.
6: Section 2 amended (Interpretation)
1: In section 2 appropriate Minister department or departmental agency
2: In section 2 chief executive
aa: in relation to a departmental agency, means the person holding office under section 31 as the chief executive of the departmental agency:
3: In section 2 Crown entity Crown entity
4: In section 2 department department section 27A
5: In section 2 employee
a: replace — any chief executive
b: repeal subparagraph (i).
6: In section 2 State services
aba: organisations named or described in Schedule 4, and companies named in Schedule 4A
7: In section 2 departmental agency section 27A host department section 27A key position section 50(2) ministerial staff
a: by the department that is responsible for the employment of ministerial staff across all Ministers' offices; and
b: to work directly for a Minister in a Minister's office rather than in a department Example
The Hon Honour Able's ministerial staff includes 1 Senior Private Secretary, 1 Ministerial Secretary, 1 Ministerial Adviser, 1 Press Secretary, and 1 Private Secretary. An event that could terminate the staff's events-based agreement is Minister Able no longer holding her Ministerial portfolio. outcome
a: means a state or condition of society, the economy, or the environment; and
b: includes a change in that state or condition stewardship
7: New section 2A inserted (Status of examples)
After section 2
2A: Status of examples
1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
2: If an example and a provision to which it relates are inconsistent, the provision prevails.
8: Cross-heading above section 4 amended
In the cross-heading above section 4 Duties, functions Role, functions, duties
9: New section 4A inserted (Role of Commissioner)
After section 4
4A: Role of Commissioner
The Commissioner's role is to provide leadership and oversight of the State services so as to ensure the purpose of this Act is carried out, including by—
a: promoting the spirit of service to the community; and
b: promoting the spirit of collaboration among agencies; and
c: identifying and developing high-calibre leaders; and
d: working with State services leaders to ensure that the State services maintain high standards of integrity and conduct and are led well and are trusted; and
e: overseeing workforce and personnel matters in the State services; and
f: advising on the design and capability of the State services; and
g: evaluating the performance of Public Service leaders, including the extent to which they carry out the purpose of this Act; and
h: supporting the efficient, effective, and economical achievement of good outcomes by the State services; and
i: promoting a culture of stewardship in the State services.
10: Section 5 amended (Duty of Commissioner to act independently)
In section 5 employees Public Service chief executives
11: Section 6 replaced (Functions of Commissioner)
Replace section 6
6: Functions of Commissioner
For the purpose of carrying out the Commissioner's role, the principal functions of the Commissioner are to—
a: review the State sector system in order to advise on possible improvements to agency, sector, and system-wide performance; and
b: review governance and structures across all areas of government, in order to advise on—
i: the allocation and transfer of functions and powers; and
ii: the cohesive delivery of services; and
iii: the establishment, amalgamation, and disestablishment of agencies; and
c: review the performance of each department and each departmental agency; and
d: appoint leaders of the Public Service, which includes—
i: acting as the employer of chief executives of departments and chief executives of departmental agencies; and
ii: reviewing the performance of chief executives of departments and chief executives of departmental agencies; and
e: promote leadership capability in departments and other agencies; and
f: promote strategies and practices concerning government workforce capacity and capability; and
g: promote good-employer obligations in the Public Service; and
h: promote and reinforce standards of integrity and conduct in the State services; and
i: promote transparent accountability in the State services; and
j: exercise such other functions with respect to the administration and management of the Public Service as the Prime Minister from time to time directs (not being functions conferred by this Act or any other Act on a chief executive other than the Commissioner).
12: Section 8 amended (Power of Commissioner to conduct inspections and investigations)
Replace section 8(1)
1: This section applies when the Commissioner is carrying out his or her functions in respect of the Public Service.
13: Section 9 amended (Power to obtain information)
1: In section 9(1)
a: delete a department, or
b: delete under section 6(a), (ha), or (i)
c: delete department's or
2: In section 9(2) department or
14: Section 14 amended (Acting Commissioner or acting Deputy Commissioner)
Replace section 14(1) and (2)
1: The Governor-General in Council, on the recommendation of the Prime Minister, may appoint an acting Commissioner or acting Deputy Commissioner to act for the Commissioner or Deputy Commissioner (as applicable) in the event of—
a: the incapacity of the Commissioner or Deputy Commissioner by reason of illness or absence; or
b: any reasonable cause that requires the Commissioner or Deputy Commissioner to stand down (whether temporarily or in respect of a particular matter).
2: Subsection (1)
15: Section 17 amended (Vacation of office)
In section 17(2)
a: delete any department or organisation of
b: delete of a department
16: Section 23 amended (Delegation of functions or powers)
In section 23(3)(c) ; or .
17: Section 27 replaced (Public Service defined)
Replace section 27
27: Public Service defined
The Public Service comprises departments (and any departmental agencies that are part of those departments).
27A: Meaning of department, host department, and departmental agency
1: In this Act,— department departmental agency Schedule 1A host department Schedule 1A
2: Unless the context otherwise requires, every reference in this or any other enactment to a department includes any departmental agency that is part of the department.
27B: Relationship between departments and departmental agencies
Except as provided in this or any other enactment,—
a: the functions, duties, and powers of a departmental agency may be determined by the appropriate Minister of the departmental agency in conjunction with the appropriate Minister of the host department; and
b: the working arrangements between a departmental agency and its host department must be agreed by their respective chief executives and approved by their appropriate Ministers.
18: Section 28 amended (Delegation of functions or powers of appropriate Minister)
In section 28(1) department or departmental agency
19: Section 30A amended (Amendment of Schedule 1 to reflect reorganisations within Public Service)
1: In the heading to section 30A Schedule 1 and Schedule 1A
2: In section 30A(1) abolished disestablished
3: After section 30A(1)
1A: The Governor-General may, by Order in Council, amend Schedule 1A
4: In section 30A(2)
a: after department or departmental agency
b: replace abolished disestablished
20: Sections 30C to 30G repealed
Repeal sections 30C to 30G
21: Section 30H amended (Consequential changes to references to departments following reorganisations)
1: In the heading to section 30H departments or employees of departments
2: In the heading to section 30H departments or departmental agencies
3: In section 30H(1)
a: after particular department or departmental agency
b: after the department's or departmental agency's
c: after the department or departmental agency
4: In section 30H(2)
a: after particular department or departmental agency
b: after the department or departmental agency
c: replace abolished disestablished
d: after new responsible department or new responsible departmental agency
5: In section 30H(3)
a: after particular department or departmental agency
b: replace between departments elsewhere in the Public Service
c: after new responsible department or new responsible departmental agency
6: After section 30H(3)
3A: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because the department's name has changed, the reference must be read as a reference to the employees of the department under its new name.
3B: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because the department has been disestablished, the reference must be read as a reference to the employees of the new responsible department.
3C: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because functions have been transferred elsewhere in the Public Service, the reference must be read as a reference to the employees who perform the relevant functions.
7: In section 30H(4)
a: after department or new responsible departmental agency
b: after department or departmental agency
22: Section 30I amended (Consequential changes to references to chief executives following reorganisations)
1: In section 30I(1)
a: after particular department or departmental agency
b: after the department or departmental agency
c: after the department's or departmental agency's
2: In section 30I(2)
a: after particular department or departmental agency
b: after the department or departmental agency
c: replace abolished disestablished
3: In section 30I(3)
a: after particular department or departmental agency
b: replace between departments elsewhere in the Public Service
4: In section 30I(4) whose department or departmental agency
23: Section 30J amended (Application of consequential changes to references)
1: In section 30J(1)(a), (2), (3), and (4) abolition disestablishment
2: In section 30J(3) abolished disestablished
24: Section 30K amended (Other saving and transitional matters arising from reorganisations within Public Service)
In section 30K abolition disestablishment
25: Section 30L amended (Effect of reorganisations within Public Service)
In section 30L(1) abolition disestablishment
26: Section 31 amended (Chief executives)
Replace section 31(1)
1: Each department and each departmental agency must have, as its administrative head, a chief executive.
27: Section 32 replaced (Principal responsibilities)
Replace section 32
32: Principal responsibilities
1: The chief executive of a department or departmental agency is responsible to the appropriate Minister for—
a: the department's or departmental agency's carrying out the purpose of this Act; and
b: the department's or departmental agency's responsiveness on matters relating to the collective interests of government; and
c: the stewardship of the department or departmental agency, including of its medium- and long-term sustainability, organisational health, capability, and capacity to offer free and frank advice to successive governments; and
d: the stewardship of—
i: assets and liabilities on behalf of the Crown that are used by or relate to (as applicable) the department or departmental agency; and
ii: the legislation administered by the department or departmental agency; and
e: the performance of the functions and duties and the exercise of the powers of the chief executive or of the department or departmental agency (whether imposed by any enactment or by the policies of the Government); and
f: the tendering of free and frank advice to Ministers; and
g: the integrity and conduct of the employees for whom the chief executive is responsible; and
h: the efficient and economical delivery of the goods or services provided by the department or departmental agency and how effectively those goods or services contribute to the intended outcomes.
2: Except as provided in any other enactment,—
a: the chief executive of a department is not responsible for the performance of functions or duties or the exercise of powers by that part of the department that comprises any departmental agency hosted by the department; and
b: the chief executive of a departmental agency is responsible only for the performance of functions or duties or the exercise of powers by that part of the department that comprises the departmental agency.
28: Section 33 replaced (Duty to act independently)
Replace section 33
33: Duty to act independently
1: Despite section 32
a: the chief executive of a department is responsible for acting independently (and is not responsible to the appropriate Minister); and
b: the chief executive of a departmental agency is responsible for acting independently (and is not responsible to the appropriate Minister or to the chief executive of the host department).
2: The independence provided in subsection (1)
a: the requirement in section 50(4)
b: the requirement in section 59(5)
29: Section 34 amended (Functions, responsibilities, duties, and powers)
1: In section 34(1) and (2) of a department or departmental agency
2: In section 34(2) or that department or departmental agency
30: Section 35 amended (Appointment of chief executives)
1: In section 35(1) 44, and 91 and 44
2: In section 35(2) of a department or departmental agency
3: In section 35(4)(a) the Commissioner or Deputy Commissioner
4: In section 35(4)(b) the Deputy Commissioner or an employee of the Commissioner
5: After section 35(4)
4AA: In relation to a vacancy or an impending vacancy in the position of chief executive of a departmental agency, the panel established under subsection (4) must also include the chief executive of the host department.
6: In section 35(4A) as constituted under subsection (4)
7: In section 35(4B), (5), (9), (10), and (11)(a) the Commissioner the chairperson
8: In section 35(5) and (6) The Commissioner The chairperson
9: In section 35(7), (8), (9), (10), and (11) the Commissioner's the chairperson's
10: Repeal section 35(12)
31: Section 36 amended (Reappointment of chief executives)
Replace section 36(1)
1: The Commissioner may recommend to the Minister that the existing chief executive of a department or departmental agency be reappointed for a further term.
1A: Section 35(7) to (10) apply (with any necessary modifications) to the recommendation under subsection (1)
32: Section 37 amended (Appointment and reappointment of Government Statistician)
1: In section 37(1) Subject to section 91, the The
2: In section 37(2)
a: delete complying with
b: delete and (12)
c: after section 35 have been complied with, and must announce publicly that the appointment has been made
33: New section 37A inserted (Transfer of chief executives)
After section 37
37A: Transfer of chief executives
1: The Commissioner may recommend to the Minister that a chief executive of a department or departmental agency be transferred into a vacancy or an impending vacancy in the position of chief executive in—
a: that department or departmental agency (as applicable); or
b: another department or departmental agency.
2: Section 35(7) to (10) apply (with any necessary modifications) to a recommendation under subsection (1)
3: Section 35(6) to (11) do not apply to a recommendation under subsection (1)
4: Before making a recommendation under subsection (1)
a: believe on reasonable grounds that the transfer would be in the public interest; and
b: obtain the chief executive's agreement to the transfer; and
c: consult the appropriate Ministers.
5: The Commissioner may make a recommendation under subsection (1)
34: Section 38 amended (Conditions of employment of chief executives)
1: Before section 38(1)
1AA: The Commissioner has, except as expressly provided to the contrary in this Act, the rights, powers, and duties of an employer in relation to chief executives.
2: In section 38(3)
a: replace shall obtain the agreement of must consult
b: replace to the conditions about the conditions
35: Section 39 amended (Removal from office)
1: In section 39 of a department or departmental agency
2: In section 39
2: The Commissioner must consult the chief executive of the host department before removing a chief executive of a departmental agency under subsection (1).
36: Section 40 amended (Acting chief executive)
1: In section 40(1) functions, powers, and duties functions, duties, and powers
2: In section 40(1)(c) another department or departmental agency
3: In section 40(1)(e) an employee any person
4: In section 40(1)
a: replace directed appointed
b: replace direction appointment
c: replace given made
5: After section 40(1)
1A: Where a new department or departmental agency is to be established on a certain date, the Commissioner may appoint as an acting chief executive any person the Commissioner considers suitable to exercise and perform all or any of the functions, duties, and powers of the chief executive of that new department or departmental agency.
1B: The position of an acting chief executive appointed under subsection (1A)
6: In section 40(2) direction appointment
7: In section 40(3)
a: replace directed appointed
b: after subsection (1) or (1A)
c: replace functions, powers, and duties functions, duties, and powers
37: Section 41 amended (Delegation of functions or powers)
1: Replace section 41(1)
1: A Public Service chief executive may, either generally or particularly, delegate in writing to a person described in subsection (1A) or (2A) any of the functions or powers of the chief executive under this Act or any other Act (including functions or powers delegated to the chief executive under this Act or any other Act), except that—
a: the delegation of functions or powers delegated to the chief executive by a Minister requires the prior written approval of that Minister; and
b: the delegation of functions or powers delegated to the chief executive by the Commissioner requires the prior written approval of the Commissioner.
2: After section 41(1)
1A: The following persons may be a delegate under subsection (1) subsection (2)
a: another Public Service chief executive:
b: a Public Service employee:
c: an individual working in the Public Service as a contractor or as a secondee from elsewhere in the State services in relation to a function or power of the Public Service:
d: the holder for the time being of any specified office in the Public Service.
3: Replace section 41(2)
2: A person to whom a function or power has been delegated under subsection (1)
4: After section 41(2)
2A: A Public Service chief executive may delegate under subsection (1)
a: obtaining the appropriate Minister's prior written approval; and
b: satisfying himself or herself that any potential conflicts of interest will be avoided or managed.
2B: However, a delegate described in subsection (2A) subsection (2)
2C: A delegation described in subsection (2A)
a: in the case of a delegation made by the chief executive of a department, in the annual report of that department; or
b: in the case of a delegation made by the chief executive of a departmental agency, in the annual report of that departmental agency.
2D: A delegate described in subsection (2A) subsection (1A)
a: all relevant statutory obligations; and
b: all relevant obligations in a code of conduct set by the Commissioner under section 57(2).
2E: Any information held by a delegate described in subsection (2A) see
a: in the case of a delegation made by the chief executive of a department, that department; or
b: in the case of a delegation made by the chief executive of a departmental agency, the host department of that departmental agency.
2F: In relation to the performance of a delegated function or the exercise of a delegated power, the Ombudsmen Act 1975 and the Official Information Act 1982 apply to a delegate described in subsection (2A) as if the delegate were an organisation named in Schedule 1 of the Ombudsmen Act 1975.
5: In section 41(3) in the same manner , subject to the same restrictions,
6: After section 41(4)
4A: Where a chief executive or a delegate of the chief executive uses a written document to inform any other person of an action taken by a delegate of the chief executive, the document must—
a: state that the action was taken by a delegate of the chief executive; and
b: give the delegate's name and office; and
c: inform the other person that a copy of the instrument of delegation may be inspected at the chief executive's office.
38: Section 43 amended (Review of performance of chief executive)
After section 43(1)
1A: When reviewing the performance of a chief executive of a departmental agency, the Commissioner must consult the chief executive of the host department.
39: Section 44 amended (Special provisions in relation to certain chief executives)
1: In section 44(1)
a: replace 43, and 91 and 43
b: replace apply applies
2: Repeal section 44(1)(a), (b), and (c)
3: After section 44(1)
1A: Nothing in sections 35, 36, 38, and 39 applies in respect of the Solicitor-General, and a review of the Solicitor-General's performance under section 43—
a: must only pertain to the Solicitor-General's responsibilities as the chief executive of a department; and
b: must not pertain to the performance of the independent and constitutional functions of the Solicitor-General or the performance of persons assisting the Solicitor-General in the performance of those functions.
4: Repeal section 44(2)(d)
40: Sections 46 to 48 replaced
Replace sections 46 to 48
46: Object
The object of this Part is to specify the Commissioner's responsibilities for developing senior leadership and management capability in the Public Service.
47: Responsibilities of Commissioner
1: The Commissioner is responsible for developing and implementing a strategy for the development of senior leadership and management capability in the Public Service, which could include, for example, the flexible deployment of individuals to developmental roles in the Public Service (with the agreement of the individuals and the relevant chief executives).
2: The Commissioner may promote the strategy to other agencies in the State services, and may invite employees in the State services to participate in initiatives under the strategy (with the agreement of the relevant chief executives).
48: Responsibilities of chief executives
Each chief executive of a department or departmental agency is responsible for—
a: developing senior leadership and management capability in the department or departmental agency; and
b: assisting the Commissioner to fulfil the Commissioner's responsibilities under section 47
41: Section 49 amended (Secondments)
Replace section 49(1)
1: The Commissioner may arrange for a State services employee to be seconded elsewhere in the State services (with the agreement of the employee and the relevant chief executives) for the purpose of developing senior leadership and management capability in the State services.
42: Section 50 replaced (Other organisations in State services)
Replace section 50
50: Key positions in Public Service
1: After consulting the chief executive of a department or departmental agency, the Commissioner may designate a position in the department or departmental agency that meets the criteria in subsection (2)
2: For the purposes of this section and section 33(2)(a) key position
a: because of its potential to develop senior leaders; or
b: because it is critical to the Public Service.
3: The Commissioner must publish a list of key positions on an Internet site maintained by or on behalf of the Commissioner.
4: A chief executive may only appoint an employee to a key position with the Commissioner's agreement.
43: Part 5 heading replaced
Replace the Part 5
5: Government workforce policy and personnel provisions
44: New subpart 1 of Part 5 and subpart 2 of Part 5 heading inserted
After the Part 5
1: Government workforce policy
55A: Commissioner's functions in relation to this subpart
The Commissioner has the following functions in relation to this subpart:
a: to provide advice and guidance to the State services (except Crown Research Institutes and their subsidiaries) on workforce matters; and
b: to consider whether to draft and submit draft government workforce policy for ministerial approval as a Government Workforce Policy Statement; and
c: to advise affected agencies on the operation of any Government Workforce Policy Statement; and
d: to facilitate the operation of any Government Workforce Policy Statement in conjunction with affected agencies.
55B: Government workforce policy
1: The Commissioner may draft government workforce policy and, after consulting the affected agencies and any other parties that the Commissioner considers appropriate, submit it to the Minister for his or her consideration.
2: Government workforce policy must relate to workforce (including employment and workplace) matters for the purpose of fostering a consistent, efficient, and effective approach to such matters across the State sector.
3: Workforce matters may, without limitation, address (in relation to the affected agency or agencies)—
a: the Government's expectations about the negotiation of collective agreements and individual employment agreements in the State services (being expectations that do not determine pay or conditions); and
b: the development of workforce strategy.
4: Government workforce policy must specify the agency or agencies to which it applies, which may be any or all of the following:
a: a department or departments:
b: a Crown agent or Crown agents:
c: an autonomous Crown entity or autonomous Crown entities.
5: The Minister may approve government workforce policy as a Government Workforce Policy Statement.
6: A Government Workforce Policy Statement is not a regulation for the purposes of the Regulations (Disallowance) Act 1989 or the Acts and Regulations Publication Act 1989.
55C: Government Workforce Policy Statement: process
1: As soon as practicable after the Minister's approval under section 55B(5)
a: send the Government Workforce Policy Statement to the affected agencies; and
b: publish the Government Workforce Policy Statement on an Internet site maintained by, or on behalf of, the Commissioner.
2: A Government Workforce Policy Statement may be amended, revoked, or replaced in the same way as it may be made.
55D: Government Workforce Policy Statement: implementation
1: A department must give effect to a Government Workforce Policy Statement.
2: A Crown agent must give effect to a Government Workforce Policy Statement.
3: An autonomous Crown entity must have regard to a Government Workforce Policy Statement.
4: Despite subsections (1) to (3)
a: create, alter, or remove employment or other legal rights or obligations; or
b: determine or alter the content of the law applying to employees or chief executives or the Commissioner.
2: Personnel provisions
45: Section 56 amended (General principles)
In section 56(2)(c) appointment (except in the case of ministerial staff)
46: Section 57 amended (Commissioner may set minimum standards of integrity and conduct)
1: In section 57(1)(b) Crown entities (except for tertiary education institutions and Crown Research Institutes and any of their subsidiaries)
2: After section 57(1)(b)
ba: companies named in Schedule 4A
3: Replace section 57(3)
3: The Commissioner may apply a code to any agency or agencies referred to in subsection (1), or to any particular persons or groups of persons undertaking particular functions in such an agency or agencies, with any variations that the Commissioner thinks appropriate in light of the legal, commercial, or operational context of the agency or agencies or of the persons or groups of persons.
4: The Commissioner's functions include providing advice and guidance to the State services (except Crown Research Institutes and their subsidiaries) on matters, or at times, that affect the integrity and conduct of those within the State services (including, for example, on the interpretation of relevant standards and on the application of a code of conduct in specific cases).
4: After section 57(4) 1988 No 20 ss 6(ha), 57C(2)
47: Section 57A amended (Agencies must comply with minimum standards except in particular circumstances)
In section 57A(1) employees and individuals working as contractors or secondees in relation to a function, duty, or power of the agency
48: Section 57C amended (Commissioner's powers when setting and enforcing minimum standards)
Repeal section 57C(2)
49: Section 58 amended (Equal employment opportunities)
1: After the heading to section 58
1: The Commissioner's functions include promoting, developing, and monitoring equal employment opportunities programmes and policies for the Public Service.
2: In section 58(3) For the purposes of this section and
3: After section 58(3) 1988 No 20 s 6(g)
50: Section 59 replaced (Employees of departments)
Replace section 59
59: Employees of departments
1: In relation to the functions, duties, and powers of a department, the chief executive of the department—
a: may appoint such employees of the department (including acting, temporary, or casual employees) as the chief executive thinks necessary; and
b: may, subject to any conditions of employment included in the employment agreement applying to an employee, at any time remove that employee from his or her office or employment; and
c: has, except as expressly provided to the contrary in this Act, the rights, powers, and duties of an employer in respect of the employees of the department.
2: In relation to employees of a host department who perform the functions or duties or exercise the powers of a departmental agency, the chief executive of the host department is deemed by this subsection—
a: to have delegated to the chief executive of the departmental agency the following rights, duties, and powers:
i: those described in subsection (1)(a), (b), and (c)
ii: those described in sections 60 to 64; and
iii: those described in sections 82 and 83; and
b: not to have those rights, duties, and powers in relation to those employees.
3: The chief executive of a departmental agency may exercise the rights, duties, and powers deemed to have been delegated to him or her under subsection (2)
4: Appointments under subsection (1)(a) or (2)(a)(i)
5: The chief executive of the department that is responsible for the employment of ministerial staff across all Ministers' offices must have regard to the wishes of the relevant Minister in relation to ministerial staff.
51: Sections 61A and 61B replaced
Replace sections 61A 61B
61A: Restriction of redundancy payments in certain situations
1: A Public Service employee who has received a notice of redundancy is not entitled to a redundancy payment if, before the employee's employment has ended, the employee either—
a: is offered and accepts another position in the State services (either in the employee's current department or elsewhere in the State services) that—
i: begins before, on, or immediately after the date on which the employee's current employment ends; and
ii: is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
iii: is on terms that treat service within the State services as if it were continuous service; or
b: is offered an alternative position
i: begins before, on, or immediately after the date on which the employee's current employment ends; and
ii: is a position with comparable duties and responsibilities to those of the employee's current position; and
iii: is in substantially the same general locality or a locality within reasonable commuting distance; and
iv: is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
v: is on terms that treat service within the State services as if it were continuous service.
2: Sections 60, 61, and 65 do not apply in relation to the offer of an alternative position.
3: This section overrides Part 6A of the Employment Relations Act 2000. 1988 No 20 ss 30E, 30F, 61A, 61B(1)
61AB: Transitional provision relating to restriction of redundancy payments
1: The new redundancy-related sections do not apply until the expiry of 3 years after the commencement of this section.
2: The old redundancy-related sections continue to apply until immediately before the expiry of 3 years after the commencement of this section.
3: For the purposes of this section,— new redundancy-related sections old redundancy-related sections
61B: Application of employee provisions to transfers of functions between Crown entities and departments
1: The following provisions apply both to a transfer of functions from a Crown entity to a department and to a transfer of functions from a department to a Crown entity:
a: sections 61A
b: sections 30H, 30I, and 61D
i: those sections relate to a collective employment agreement that binds the chief executive of the Crown entity or department before the transfer of the functions; and
ii: that collective employment agreement applies to an employee whose position in the Crown entity or department ceases to exist as a result of the transfer of functions.
2: The sections referred to in subsection (1)
a: as if any reference to Department A in those sections were a reference to that Crown entity or department; and
b: with all other necessary modifications. 1988 No 20 s 30D
52: Section 61C amended (Union coverage where department ceases to be part of Public Service)
In section 61C abolition disestablishment
53: New section 61D inserted (Application of collective agreements to employees following reorganisations)
After section 61C
61D: Application of collective agreements to employees following reorganisations
1: This section limits which employees may be bound by a collective agreement that—
a: binds the chief executive of Department A before a transfer of functions from Department A to Department B and that, as a consequence of sections 30H and 30I, binds the chief executive of Department B after that transfer of functions ( collective agreement A
b: binds the chief executive of Department B before that transfer of functions ( collective agreement B
2: After that transfer of functions,—
a: the only employees of Department B who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position in Department B that has been established (whether or not previously existing in Department A) to enable Department B to perform the transferred functions; and
b: the only employees of Department B who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position other than a position referred to in paragraph (a)
3: Subsection (2)
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under Part 6 of this Act and sections 56(1), 57, 62(3), 63(3), and 243 of the Employment Relations Act 2000.
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise. 1988 No 20 s 30G
54: New section 66 inserted (Certain sections do not apply in relation to ministerial staff)
After section 65
66: Certain sections do not apply in relation to ministerial staff
Sections 60, 61, 64, and 65 do not apply in relation to ministerial staff.
55: Section 77 replaced (Protection from liability)
Replace section 77
77: Immunity for education service chief executives and employees
Education service chief executives and employees are immune from liability in civil proceedings for good-faith actions or omissions in pursuance or intended pursuance of their duties, functions, or powers.
56: Section 77C amended (Performance of teachers)
In section 77C(1) , with the agreement of the State Services Commissioner,
57: Section 85 amended (Offence to attempt to influence Commissioner or chief executive)
In section 85(1) influence the Commissioner or any Commissioner or any chief executive influence the Commissioner or any chief executive
58: Section 86 replaced (Protection from liability)
Replace section 86
86: Immunity for Public Service chief executives and employees
1: Public Service chief executives and employees are immune from liability in civil proceedings for good-faith actions or omissions in pursuance or intended pursuance of their duties, functions, or powers.
2: See also
59: Section 91 repealed (Transitional provisions for permanent heads)
Repeal section 91
60: New Schedule 1A inserted
After Schedule 1 Schedule
61: Amendment to Tax Administration Act 1994
1: This section amends the Tax Administration Act 1994
2: Replace section 7
7: Delegation of powers by Commissioner
1: The Commissioner may delegate in accordance with sections 41 and 42 of the State Sector Act 1988 any of the Commissioner's functions or powers under this Act or any other Act (including functions or powers delegated to the Commissioner under this Act or any other Act), except that—
a: the delegation of functions or powers delegated to the Commissioner by a Minister requires the prior written approval of that Minister; and
b: the delegation of functions or powers delegated to the Commissioner by the State Services Commissioner requires the prior written approval of the State Services Commissioner.
2: However, the Commissioner may not delegate to a person outside the Public Service (as described in section 41(2A)
a: the Commissioner’s functions or powers in relation to obtaining information from and about taxpayers (sections 16 to 21 of this Act); and
b: the Commissioner’s functions or powers in relation to imposing civil and criminal penalties on taxpayers in various circumstances (Part 9 of this Act, subpart 3 of Part 4 of the Student Loan Scheme Act 2011, and Part 12 of the Child Support Act 1991); and
c: the Commissioner’s functions or powers in relation to deducting amounts from payments due (section 157 of this Act, section 193 of the Student Loan Scheme Act 2011 but in respect only of the powers in section 157 of this Act, and section 154 of the Child Support Act 1991); and
d: the Commissioner’s functions or powers in relation to tax recovery agreements negotiated between the government of a territory outside New Zealand and the Government of New Zealand (Part 10A of this Act).
3: Sections 41 and 42 of the State Sector Act 1988 apply to delegations under this section as if those delegations were made under section 41(1) 2013-07-18 Tax Administration Act 1994
62: Consequential amendments to Crown Proceedings Act 1950
1: This section amends the Crown Proceedings Act 1950
2: In section 6(1) and any other Act, and except as provided in subsection (4A)
3: In section 6(4) Any enactment Except as provided in subsection (4A)
4: After section 6(4)
4A: Despite certain Crown servants being immune from liability under section 86
a: a court may find the Crown itself liable in tort in respect of the actions or omissions of those servants; and
b: for the purpose of determining whether the Crown is so liable, the court must disregard the immunity in section 86 2013-07-18 Crown Proceedings Act 1950
63: Consequential amendments to Clerk of the House of Representatives Act 1988
1: This section amends the Clerk of the House of Representatives Act 1988
2: In the heading to section 17 State Services Commission State Services Commissioner
3: In section 17(1) State Services Commission State Services Commissioner
4: After section 17(1)
1A: The State Services Commissioner must exercise functions requested by the Speaker in accordance with subsection (1) consistently with the role of the Office of the Clerk of the House of Representatives and its separation from the executive government. 2013-07-18 Clerk of the House of Representatives Act 1988
64: Consequential amendments to Parliamentary Service Act 2000
1: This section amends the Parliamentary Service Act 2000
2: In Schedule 1 clause 15(1)
1A: The State Services Commissioner must exercise functions requested by the Speaker in accordance with subsection (1) consistently with the role of the Parliamentary Service and its separation from the executive government. 2013-07-18 Parliamentary Service Act 2000
65: Amendment relating to Legislation Act 2012
1: This section takes effect on the repeal of the Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989
2: Repeal section 55B(6)
6: A Government Workforce Policy Statement is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.


Crown Entities Amendment Act 2013

1: Title
This Act is the Crown Entities Amendment Act 2013.
2: Commencement
1: Part 2
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Crown Entities Act 2004 principal Act 2013-07-18 Crown Entities Act 2004 The rest of this Act (except Part 2) comes into force on the day after the date on which it receives the Royal assent. 2014-07-01 Crown Entities Act 2004 Part 2
1: Amendments coming into force on day after date of Royal assent
4: Section 7 amended (Meaning of Crown entity and categories of Crown entities)
1: In section 7(1)(c) Definition A company that is—
a: a subsidiary of another Crown entity under sections 5 to 8 of the Companies Act 1993; or
b: a multi-parent subsidiary of 2 or more Crown entities .
2: After section 7(1)
1A: Despite section 5(3) of the Companies Act 1993, a Crown entity subsidiary must be a company incorporated under that Act.
5: New section 7A inserted (Meaning of multi-parent subsidiary)
After section 7
7A: Meaning of multi-parent subsidiary
1: A company is a multi-parent subsidiary
a: the company is not a subsidiary of any 1 Crown entity; but
b: if 2 or more Crown entities were treated as 1 entity (a combined entity
2: Despite section 5(3) of the Companies Act 1993, a multi-parent subsidiary must be a company incorporated under that Act. Example
Crown entities A, B, and C each own 20% of the issued shares of Company Limited. The remaining issued shares of Company Limited are not owned by Crown entities. Because Crown entities A, B, and C collectively own more than half of the issued shares of Company Limited ( see
6: Section 8 replaced (Meaning of parent Crown entity and Crown entity subsidiary)
Replace section 8
8: Meaning of parent Crown entity
A Crown entity ( A parent Crown entity parent B
a: A is a statutory entity or Crown entity company or school board of trustees or tertiary education institution; and
b: B is a subsidiary of A, or a multi-parent subsidiary of A and 1 or more other Crown entities, under the definition of Crown entity subsidiaries in the second column of section 7(1)(c)
7: Section 10 amended (Interpretation)
1: In section 10(1) Crown entity subsidiary Crown entity subsidiary the second column of section 7(1)(c) .
2: In section 10(1) monitor section 27A or 88A
a: a department (within the meaning of that term in the Public Finance Act 1989):
b: another Crown entity .
3: In section 10(1) multi-parent subsidiary multi-parent subsidiary section 7A .
4: In section 10(1) parent Crown entity parent section 8(1) section 8
8: New sections 10A and 10B inserted
After section 10
10A: Provisions affecting application of amendments to this Act
Schedule 1AAA see section 199A
10B: Status of examples
1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
2: If an example and a provision to which it relates are inconsistent, the provision prevails.
9: Section 27 amended (Responsible Minister's role)
1: In section 27(1) functions, functions
2: After section 27(2)
3: Despite section 28 of the State Sector Act 1988, the responsible Minister may not delegate any power under this Act except as provided in subsection (4)
4: The responsible Minister may delegate the power in section 133 to request information to the chief executive of a monitor (who may subdelegate this delegation to an employee of the monitor or to an individual working for the monitor as a contractor in relation to a function, duty, or power of the monitor).
10: New section 27A and cross-heading inserted
After section 27 Monitor's role
27A: Monitor's role
The role of the monitor is, in relation to the monitored statutory entity,—
a: to assist the responsible Minister to carry out his or her role (which is described in section 27); and
b: to perform or exercise any or all of the following functions, duties, or powers:
i: administering appropriations:
ii: administering legislation:
iii: tendering advice to Ministers:
iv: any other functions, duties, or powers in this Act or another Act that may, or must, be performed or exercised by the monitor.
11: Section 50 replaced (Functions must be performed efficiently, effectively, and consistently with spirit of service to public)
Replace section 50
50: Manner in which functions must be performed
The board of a statutory entity must ensure that the statutory entity performs its functions—
a: efficiently and effectively; and
b: in a manner consistent with the spirit of service to the public; and
c: in collaboration with other public entities (within the meaning of that term in the Public Audit Act 2001) where practicable.
12: Section 62 amended (When interests must be disclosed)
1: In section 62(3)(a) subsidiary that is owned by the entity together with another parent Crown entity or entities multi-parent subsidiary of the entity and 1 or more other Crown entities
2: After section 62(3)(c)
ca: only because he or she has past or current involvement in the relevant sector, industry, or practice; or .
13: Section 64 amended (Who disclosure of interests must be made to)
In section 64 temporary deputy
14: Section 68 amended (Permission to act despite being interested in matter)
In section 68(3) temporary deputy
15: Section 78 amended (Board procedure)
1: In the heading to section 78 Board Appointment of chairperson, etc, and board
2: In section 78 govern the appointment of a chairperson and deputy chairperson (including a temporary deputy chairperson) and
16: Section 88 amended (Shareholding Ministers' role)
After section 88(3)
4: Despite section 28 of the State Sector Act 1988, the shareholding Ministers may not delegate any power under this Act except as provided in subsection (5)
5: The shareholding Ministers may delegate the power in section 133 to request information to the chief executive of a monitor (who may subdelegate this delegation to an employee of the monitor or to an individual working for the monitor as a contractor in relation to a function, duty, or power of the monitor).
17: New section 88A and cross-heading inserted
After section 88 Monitor's role
88A: Monitor's role
The role of the monitor is, in relation to a monitored Crown entity company,—
a: to assist the shareholding Ministers to carry out their role (which is described in section 88); and
b: to perform or exercise any or all of the following functions, duties, or powers:
i: administering appropriations:
ii: administering legislation:
iii: tendering advice to Ministers:
iv: any other functions, duties, or powers in this Act or another Act that may, or must, be performed or exercised by the monitor.
18: Section 97 amended (Subsidiaries: rules applying to all Crown entities)
In section 97 to the extent of its powers to the extent that it is reasonably able to do so
19: Section 98 amended (Subsidiaries: rules applying only to statutory entities)
1: In section 98(1) to the extent of its powers to the extent that it is reasonably able to do so
2: Replace section 98(1)(a)
a: performs its functions—
i: efficiently and effectively; and
ii: in a manner consistent with the spirit of service to the public; and
iii: in collaboration with other public entities (within the meaning of that term in the Public Audit Act 2001) where practicable; and .
20: Cross-heading above section 103 amended
In the cross-heading above section 103 on government policy
21: Section 107 amended (Whole of government directions)
1: Replace the heading to section 107 Directions to support whole of government approach
2: Replace section 107(1)
1: The Minister of State Services and the Minister of Finance may jointly direct Crown entities to support a whole of government approach by complying with specified requirements for any of the following purposes:
a: to improve (directly or indirectly) public services:
b: to secure economies or efficiencies:
c: to develop expertise and capability:
d: to ensure business continuity:
e: to manage risks to the Government's financial position. Example
A direction may be given requiring that all Crown entities comply with e-government requirements to improve public services.
3: In section 107(2)(b) (for example, to all Crown agents) ; or
4: After section 107(2)(b)
c: to a group of Crown entities (whether made up of categories or types) if—
i: the group is made up of at least 3 Crown entities; and
ii: the entities in the group have in common at least 1 significant characteristic that relates to the direction (for example, the characteristic could relate to the Crown entities' asset holdings or presence in a region).
5: After section 107(2)
2A: For the purposes of subsection (2)(a), companies named in Schedule 4A
22: Section 108 amended (Process for giving whole of government directions)
In the heading to section 108 whole of government directions directions under section 107
23: Section 109 amended (House of Representatives may resolve to disapply whole of government direction)
1: In the heading to section 109 whole of government direction direction under section 107
2: In section 109 whole of government direction given direction
24: Section 110 amended (Obligation to give effect to direction)
In section 110 category or type or group
25: Section 111 amended (Publication of whole of government direction)
In the heading to section 111 whole of government direction direction under section 107
26: Section 113 amended (Safeguarding independence of Crown entities)
In section 113(3) whole of government directions directions under section 107
27: Cross-heading above section 114 repealed
Repeal the cross-heading above section 114
28: Section 114 amended (Crown entities must comply with directions given under statutory power of direction)
In section 114(1)(b) whole of government direction given to it direction
29: Section 115 amended (Procedure for all Ministerial directions)
1: Replace the heading to section 115 Procedure for ministerial directions on government policy
2: In section 115(3) amended, revoked, amended
3: After section 115(3)
3A: A Minister who is entitled to give a direction to a Crown entity is also entitled to revoke it by notice in writing to the entity, and, as soon as practicable after doing so, the Minister must publish that notice in the Gazette
4: In section 115(4) whole of government directions given directions
30: New section 115A inserted (Review and expiry of all directions)
After section 115
115A: Review and expiry of all directions
1: A ministerial direction under this Act or another Act may specify its expiry date.
2: A direction that does not specify its expiry date must be reviewed by the Minister or Ministers after the later of the following:
a: 5 years after the direction was given:
b: 5 years after the commencement of this section.
3: A Minister or Ministers reviewing a direction must, to the extent that they consider it necessary in the circumstances,—
a: consult the Crown entity or entities to which the direction applies; and
b: consult any persons that they consider are representative of the interests of persons likely to be substantially affected by the direction.
4: As soon as practicable after completing the review, the Minister or Ministers must notify the outcome of the review to—
a: the Crown entity or entities to which the direction applies; and
b: persons that were consulted under subsection (3)(b)
5: This section does not apply, in the case of directions given under another Act, if the other Act contains a procedure for reviewing directions.
31: Section 122 replaced (Indemnities in relation to excluded act or omission)
Replace section 122
122: Indemnities in relation to excluded act or omission
A statutory entity may only indemnify a member, an office holder, or an employee in respect of an excluded act or omission (including costs incurred in defending or settling any claim or proceeding relating to that excluded act or omission).
32: Section 127 amended (Method of contracting)
In section 127(2)(b) in accordance with this Part under section 129(1)
33: Section 133 amended (Power to request information)
After section 133(2)
2A: The board of a Crown entity must supply to the Minister of State Services any information requested by the Minister in accordance with subsection (2B)
2B: The Minister of State Services—
a: may request a Crown entity to supply information only for the purpose of assessing the capability and performance of the State services; and
b: must make the request to a group of Crown entities that—
i: is made up of at least 3 Crown entities; and
ii: has in common at least 1 significant characteristic that relates to the information requested (for example, the characteristic could relate to the Crown entities' asset holdings or presence in a region).
2C: Information supplied under subsection (2A)
34: Section 135 amended (Members, office holders, and employees are officials)
After section 135(1)
1A: In this section, individuals working for the Crown entity as contractors or secondees in relation to a function, duty, or power of the Crown entity are to be treated as if they are employees.
1B: This section also applies to a person who was formerly a person described in subsection (1)(a) or (b) or (1A)
a: while that person was a person described in subsection (1)(a) or (b) or (1A)
b: after the commencement of this subsection.
35: Section 148 amended (Amendments to statement of intent by Crown entity)
In section 148(2)(b)(i) whole of government direction direction under section 107
36: Section 150 amended (Obligation to prepare, present, and publish annual report)
1: Replace subsection (3) with:
3: A responsible Minister of a Crown entity (or another Minister, if subsection (6)
2: After section 150(4)
5: An entity's annual report may be presented or published in a document that includes any other report or information, whether or not that other report or information relates to the entity, but only if each report or set of information is separately identifiable within that document.
6: A Minister other than the responsible Minister may present an entity's annual report to the House of Representatives if—
a: the report is presented in a document that includes another report or other information; and
b: that other Minister is responsible for presenting that other report or information.
37: Section 151 amended (Form and content of annual report)
Replace section 151(1)(f)
f: any new direction given to the entity by a Minister in writing under any enactment during that financial year, as well as other such directions that remain current; and .
38: New section 199A inserted (Application, savings, and transitional provisions relating to amendments to Act)
After section 199
199A: Application, savings, and transitional provisions relating to amendments to Act
The application, savings, and transitional provisions set out in Schedule 1AAA
39: New Schedule 1AAA inserted
Before Schedule 1 Schedule 1AAA Schedule 1
40: Schedule 3 amended
In Schedule 3 section 107 Whole of government directions Directions to support a whole of government approach
41: Schedule 5 amended
1: In the Schedule 5 Board Appointment of chairperson, etc, and board
2: In Schedule 5, clause (2)(d) unless the member continues to hold office as a member in accordance with section 32(3) or
3: In Schedule 5, replace clause 7(4)(c)
c: must be given or sent to each member's current postal or electronic address.
4: In Schedule 5, clause 13(1) by all members who are entitled to vote on the matter
42: Consequential amendments arising from amendments to Crown Entities Act 2004 made by this Part
The enactments listed in Schedule 2 2013-07-18 Accident Compensation Act 2001 Crown Research Institutes Act 1992 Education Act 1989 Gambling Act 2003 Housing Corporation Act 1974 New Zealand Public Health and Disability Act 2000 New Zealand Superannuation and Retirement Income Act 2001 Public Trust Act 2001 Radio New Zealand Act 1995
2: Amendments coming into force on 1 July 2014
43: Section 27 amended (Responsible Minister's role)
Replace section 27(1)(f)
f: to participate in the process of setting the entity's strategic direction and performance expectations and monitoring the entity's performance under Part 4: .
44: Section 49 amended (Entity must act consistently with objectives, functions, statement of intent, and output agreement)
1: In the heading to section 49 output agreement statement of performance expectations
2: In section 49 output agreement (if any) current statement of performance expectations
45: Section 88 amended (Shareholding Ministers' role)
Replace section 88(1)(d)
d: to participate in the process of setting the company's strategic direction and performance expectations and monitoring the company's performance under Part 4; and .
46: Section 92 amended (Duty to act consistently with objectives, functions, statement of intent, and output agreement)
1: In the heading to section 92 output agreement statement of performance expectations
2: In section 92 output agreement (if any) statement of performance expectations
47: Section 136 amended (Interpretation for this Part)
1: In section 136(1) Crown entity group
b: its Crown entity subsidiaries, other than multi-parent subsidiaries; and .
2: In section 136(1) next Budget day pre-Budget period
a: the period of 3 months ending when the Minister of Finance next delivers a Budget under the Public Finance Act 1989; or
b: if the Minister of Finance gives less than 3 months' notice of the next Budget day, the period commencing on the day on which the Minister of Finance gives that notice and ending when the Minister of Finance delivers the Budget reportable class of outputs
a: that the Crown entity proposes to supply in the financial year; and
b: that is directly funded (in whole or in part) by the Crown in accordance with an appropriation for the purpose, or by grants distributed under any Act, or by levies, fees, or charges prescribed by or under any Act; and
c: that is not exempted for that financial year under section 149F .
48: Section 138 amended (Purpose of statement of intent)
In section 138(a) medium-term intentions and undertakings strategic intentions and medium-term undertakings
49: Section 139 replaced (Obligation to prepare statement of intent)
Replace section 139
139: Obligation to prepare statement of intent
1: A Crown entity must provide to its responsible Minister a statement of intent for the Crown entity that complies with this section and section 141
2: A statement of intent must relate to the forthcoming financial year and at least the following 3 financial years.
3: The Crown entity must provide a statement of intent at least once in every 3-year period.
4: This section applies unless the Crown entity is exempted from the requirements of this section by or under this or another Act.
139A: Minister may require Crown entity to prepare new statement of intent at any time
1: A Crown entity's responsible Minister may, if the Minister considers it necessary or desirable, require the Crown entity to provide a new statement of intent at any time.
2: A statement of intent provided under this section must comply with sections 139 and 141
3: Despite section 139(2)
139B: Minister may grant extension of time for, or waive, requirement to provide statement of intent
1: If a Crown entity is likely to have a significant change in the nature or scope of its functions, the responsible Minister may grant the Crown entity an extension, of up to 1 year, of the period specified in section 139(3)
2: However, the responsible Minister must not grant an extension unless he or she is satisfied that the extension will enable the entity to improve the quality of the statement of intent that it provides.
3: If a Crown entity is likely to be disestablished or, in the case of a Crown entity company, removed from the register under the Companies Act 1993, the responsible Minister may grant the entity a waiver of the requirements in section 139
4: If the responsible Minister grants an extension or a waiver under this section,—
a: the responsible Minister must, as soon as practicable after granting the extension or waiver, notify the Crown entity of the extension or waiver and the Minister's reasons for granting it; and
b: the Crown entity must, as soon as practicable after receiving notice under paragraph (a)
c: the Crown entity must include, in the next annual report that it provides to its responsible Minister for presentation to the House of Representatives under section 150, a statement of the exemption or waiver and the Minister's reasons for granting it.
50: Section 140 amended (Statement of intent for newly established Crown entities)
1: Repeal section 140(2)
2: In section 140(3) section 141(1)(b) to (d), (g), and (h) section 141(1) and (2)(a), (b), (d), and (e)
3: Repeal section 140(6)
51: Section 141 replaced (Content of statement of intent)
Replace section 141
141: Content of statement of intent
1: A statement of intent must, for the period to which it relates, set out the strategic objectives that the entity intends to achieve or contribute to ( strategic intentions
2: A statement of intent must also, for the period to which it relates,—
a: explain the nature and scope of the entity's functions and intended operations:
b: explain how the entity intends to manage its functions and operations to meet its strategic intentions:
c: explain how the entity proposes to manage its organisational health and capability:
d: explain how the entity proposes to assess its performance:
e: identify any process to be followed for the purpose of section 100:
f: set out and explain any other matters—
i: that are reasonably necessary to achieve an understanding of the entity's strategic intentions and capability:
ii: that the entity is required to include in its statement of intent under this Act or another Act.
3: A statement of intent—
a: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
b: is a final statement of intent when it has been signed in accordance with paragraph (a)
52: Sections 142 and 143 repealed
Repeal sections 142 143
53: Section 144 amended (Application and term of statement of intent)
In section 144(b) or group
54: Section 145 amended (Ministerial involvement in statements of intent)
In section 145(a) sections 141 and 142 section 141
55: Section 146 amended (Process for providing statement of intent to responsible Minister)
Replace section 146(2)
2: The process that must be followed in providing a statement of intent is as follows:
a: the Crown entity must provide a draft statement of intent to its responsible Minister—
i: not later than 2 months before the start of the first financial year to which the statement of intent relates; or
ii: in the case of a newly established Crown entity, within the time frame specified by the responsible Minister; or
iii: if the responsible Minister has requested the statement of intent under section 139A
b: the responsible Minister must provide to the entity any comments that he or she may have on the draft not later than 15 working days after receiving it; and
c: the entity must consider the comments (if any) on the draft and provide the final statement of intent to its responsible Minister—
i: as soon as practicable after receiving the comments (if any) but before the start of the first financial year to which the statement of intent relates; or
ii: in the case of a newly established Crown entity,—
A: as soon as practicable, but not later than 25 working days, after receiving the comments; or
B: if the responsible Minister does not provide comments within the period specified in paragraph (b)
iii: if the responsible Minister has requested the statement of intent under section 139A
A: as soon as practicable, but not later than 25 working days, after receiving the comments; or
B: if the responsible Minister does not provide comments within the period specified in paragraph (b)
56: Section 147 amended (Amendments to statement of intent by responsible Minister)
1: In the heading to section 147 Amendments to final
2: Replace section 147(1) and (2)
1: A responsible Minister of a Crown entity may direct a Crown entity to amend any provision that is included in the entity's final statement of intent under section 141(1) or (2)(a), (b), (d), or (e)
2: Sections 113 to 115 (other than section 115(2)) apply to a direction under subsection (1)
3: Replace section 147(4)
4: An amendment under this section—
a: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
b: is a final amendment when it has been signed in accordance with paragraph (a)
57: Section 148 amended (Amendments to statement of intent by Crown entity)
1: In the heading to section 148 Amendments to final
2: In section 148(1) statement of intent final statement of intent
3: In section 148(4) A Crown entity must amend its statement of intent in accordance with the following process The following process applies to an amendment under subsection (1) or (2)
4: In section 148(4)(b) 14 days 15 working days
5: In section 148(4)(c) ; and
6: Repeal section 148(4)(d)
7: After section 148(4)
5: An amendment under this section—
a: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
b: is a final amendment when it has been signed in accordance with paragraph (a)
6: A final amendment under this section is in force from the date on which it is provided to the responsible Minister.
7: A Crown entity may, instead of amending its final statement of intent, provide to its responsible Minister under section 146 a new statement of intent that complies with sections 139 and 141
58: Section 149 replaced (Obligation to present and publish statement of intent)
Replace section 149
149: Obligation to publish and present statement of intent
1: A Crown entity must, as soon as practicable after providing a final statement of intent to its responsible Minister, publish the statement of intent on an Internet site maintained by or on behalf of the entity.
2: Despite subsection (1)
3: The responsible Minister (or another Minister, if subsection (5)
a: in the same document as the entity's annual report for the financial year before the first full financial year to which the statement of intent relates ( see
b: in any other document presented on or before the date on which the annual report described in paragraph (a)
4: An entity's statement of intent may be presented or published in a document that includes any other statement or information, whether or not that other statement or information relates to the entity, but only if each statement or set of information is separately identifiable within that document.
5: A Minister other than the responsible Minister may present an entity's statement of intent to the House of Representatives if—
a: the statement is presented in a document that includes another statement or other information; and
b: that other Minister is responsible for presenting that other statement or information.
149A: Obligation to publish and present amendments to statement of intent
1: As soon as practicable after an amendment to a statement of intent is finalised under section 147 or 148,—
a: the Crown entity must publish the amendment on an Internet site maintained by or on behalf of the entity; and
b: the responsible Minister must present a copy of the amendment to the House of Representatives.
2: Despite subsection (1)
a: if the amendment will come into force on or after the next Budget day, the responsible Minister—
i: may require the entity not to publish the amendment in the pre-Budget period; and
ii: need not present the amendment to the House of Representatives in that period; and
b: the entity must not publish an amendment to a statement of intent before publishing the statement of intent under section 149
c: the responsible Minister must not present a copy of an amendment to a statement of intent to the House of Representatives before presenting a copy of the statement of intent to the House of Representatives under section 149
d: if Parliament is not in session, subsection (1)(b) Planning: statement of performance expectations
149B: Purpose of statement of performance expectations
The purpose of a statement of performance expectations for a Crown entity is to—
a: enable the responsible Minister to participate in the process of setting annual performance expectations; and
b: enable the House of Representatives to be informed of those expectations; and
c: provide a base against which actual performance can be assessed.
149C: Obligation to prepare statement of performance expectations
1: Before the start of each financial year, a Crown entity must prepare a statement of performance expectations for that financial year that complies with section 149E
2: However, if the Crown entity does not propose to supply any reportable classes of outputs in that financial year, the entity's statement of performance expectations—
a: must comply with section 149E(1)(b) to (d) and (3)
b: need not comply with section 149E(1)(a) or (2)
149D: Statement of performance expectations for newly established Crown entities
1: As soon as practicable after a Crown entity is established, the Crown entity must comply with section 149C
2: However, if the Crown entity is established during the last 4 months of its financial year, the responsible Minister may—
a: waive the requirement for the entity to comply with subsection (1)
b: require the entity's first statement of performance expectations to cover the period from the date on which the entity is established until the end of the entity's first full financial year.
3: The responsible Minister may, at any time before the entity's first statement of performance expectations becomes final ( see section 149E(3)(c) section 149E section 149E(1)(d)
4: The directions apply as if they were the Crown entity's statement of performance expectations until the entity's first statement of performance expectations becomes final.
5: Sections 113 to 115 apply to the directions.
149E: Content of statement of performance expectations
1: Each statement of performance expectations must, in relation to a Crown entity and a financial year,—
a: identify each reportable class of outputs for the financial year; and
b: identify each exemption granted under section 149F(1)(a)
c: state whether the entity proposes to supply any class of outputs in the financial year that is not a reportable class of outputs; and
d: contain forecast financial statements that comply with section 149G
2: For each reportable class of outputs, the statement of performance expectations must—
a: include a concise explanation of what the class of outputs is intended to achieve; and
b: identify the expected revenue and proposed expenses for the class of outputs; and
c: include a concise explanation of how the performance of the class of outputs will be assessed.
3: A statement of performance expectations—
a: must comply with generally accepted accounting practice; and
b: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
c: is a final statement of performance expectations when it has been signed in accordance with paragraph (b)
149F: Exemption for certain outputs
1: The Minister of Finance may exempt, for 1 or more financial years or until further notice, 1 or more classes of outputs from—
a: any statement of performance expectations required under section 149C or 149D
b: any statement of performance required under section 151(1)(b).
2: The Minister of Finance must not exempt a class of outputs from a statement of performance expectations or a statement of performance unless he or she is satisfied that—
a: the class of outputs is not material to the statement; or
b: the class of outputs will be adequately reported on to the House of Representatives by a Minister, a department, or another public entity; or
c: for any other reason, the exemption does not unreasonably compromise accountability for the performance of the Crown entity.
149G: Forecast financial statements
1: Each statement of performance expectations, in relation to a Crown entity and a financial year, must contain forecast financial statements for the financial year, prepared in accordance with generally accepted accounting practice.
2: The forecast financial statements must include—
a: a statement of all significant assumptions underlying the forecast financial statements; and
b: any additional information and explanations needed to fairly reflect the forecast financial operations and financial position of the entity.
149H: Ministerial involvement in statements of performance expectations
Ministers may participate in determining the contents of statements of performance expectations as follows:
a: a responsible Minister may agree with a Crown entity that information additional to that required by section 149E
b: a responsible Minister may, by written notice to 1 or more Crown entities, specify the particular form in which any information in the statement of performance expectations must be disclosed:
c: a responsible Minister may make comments on a draft statement of performance expectations under section 149I section 149K
d: a responsible Minister may direct amendments to information in a final statement of performance expectations under section 149J
149I: Process for providing statement of performance expectations to responsible Minister
1: A Crown entity that is required to prepare a statement of performance expectations must provide it to its responsible Minister.
2: The process that must be followed in providing a statement of performance expectations is as follows:
a: the Crown entity must provide a draft statement of performance expectations to its responsible Minister—
i: not later than 2 months before the start of the financial year to which the statement of performance expectations relates; or
ii: in the case of a newly established Crown entity to which section 149D
b: the responsible Minister must provide to the entity any comments that he or she may have on the draft not later than 15 working days after receiving it; and
c: the entity must consider the comments (if any) on the draft and provide the final statement of performance expectations to the responsible Minister—
i: as soon as practicable after receiving the comments (if any), but before the start of the financial year to which the statement of performance expectations relates; or
ii: if the Crown entity is a newly established entity to which section 149D
A: as soon as practicable, but not later than 25 working days, after receiving the comments; or
B: if the responsible Minister does not provide comments within the period specified in paragraph (b)
149J: Amendments to final statement of performance expectations by responsible Minister
1: A responsible Minister for a Crown entity may direct a Crown entity to amend any provision that is included in the entity's final statement of performance expectations.
2: However, subsection (1)
3: Sections 113 to 115 (other than section 115(2)) apply to a direction under subsection (1)
4: An amendment under this section—
a: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
b: is a final amendment when it has been signed in accordance with paragraph (a)
5: Section 149K
149K: Amendments to final statement of performance expectations by Crown entity
1: A Crown entity may amend its final statement of performance expectations at any time.
2: A Crown entity must amend its final statement of performance expectations if—
a: the information contained in the final statement of performance expectations is false or misleading in a material particular; or
b: the intentions and undertakings in the final statement of performance expectations are significantly altered or affected by—
i: a direction given to the Crown entity by a Minister; or
ii: a direction under section 107; or
iii: any change in the law; or
iv: any other change in the entity's operating environment.
3: The Crown entity must make an amendment required under subsection (2)
4: A Crown entity must amend its statement of performance expectations in accordance with the following process:
a: the Crown entity must provide a draft amendment to its responsible Minister; and
b: the responsible Minister must provide to the entity any comments that he or she may have not later than 15 working days after receiving the draft; and
c: the entity must consider the comments (if any) and provide the final amendment to its responsible Minister as soon as practicable.
5: An amendment under this section—
a: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
b: is a final amendment when it has been signed in accordance with paragraph (a)
149L: Obligation to publish and present statement of performance expectations
1: A Crown entity must, as soon as practicable after providing a final statement of performance expectations to its responsible Minister, publish the statement on an Internet site maintained by or on behalf of the entity.
2: However, if the final statement of performance expectations relates to a period commencing on or after the next Budget day, the responsible Minister may require the Crown entity not to publish the statement in the pre-Budget period.
3: The responsible Minister (or another entity's responsible Minister, if subsection (5)
a: in the same document as the entity's annual report for the previous financial year ( see
b: in any other document presented on or before the date on which the annual report described in paragraph (a)
4: An entity's statement of performance expectations may be presented or published in a document that includes any other statement or information, whether or not that other statement or information relates to the entity, but only if each statement or set of information is separately identifiable within that document.
5: A Minister other than the responsible Minister may present an entity's statement of performance expectations to the House of Representatives if—
a: the statement is presented in a document that includes another statement or other information; and
b: that other Minister is responsible for presenting that other statement or information.
149M: Obligation to publish and present amendments to statement of performance expectations
1: As soon as practicable after an amendment to a final statement of performance expectations is finalised under section 149J or 149K
a: the Crown entity must publish the amendment on an Internet site maintained by or on behalf of the entity; and
b: the responsible Minister must present a copy of the amendment to the House of Representatives.
2: Despite subsection (1)
a: if the amendment will come into force on or after the next Budget day, the responsible Minister—
i: may require the entity not to publish the amendment in the pre-Budget period; and
ii: need not present the amendment to the House of Representatives in that period; and
b: the entity must not publish an amendment to a statement of performance expectations before publishing the statement of performance expectations under section 149L
c: the responsible Minister must not present a copy of an amendment to a statement of performance expectations to the House of Representatives before presenting a copy of the statement of performance expectations to the House of Representatives under section 149L
d: if Parliament is not in session, subsection (1)(b)
59: Section 150 amended (Obligation to prepare, present, and publish annual report)
1: In section 150(1)(a) at as soon as practicable after
2: Repeal section 150(2)
60: New section 150A inserted (Special annual reporting requirements)
After section 150
150A: Special annual reporting requirements
Section 150 is subject to subpart 1 of Part 5 of the Public Finance Act 1989, which sets out special reporting requirements for newly established entities and entities that are disestablished.
61: Section 151 amended (Form and content of annual report)
1: In section 151(1)(b) service
2: Replace section 151(1)(c)
c: the annual financial statements for the entity in accordance with section 154; and .
3: After section 151(1)
1A: However, subsection (1)(b) does not apply unless the Crown entity supplied 1 or more reportable classes of outputs in that financial year.
1B: An annual report may contain end-of-year performance information that the Crown entity is required to prepare under section 19A
4: In section 151(2) against the intentions, measures, and standards set out in the statement of intent prepared at the beginning of the financial year of the entity's progress in relation to its strategic intentions as set out in the most recent statement of intent
62: Section 152 amended (Disclosure of payments in respect of members, committee members, and employees)
1: In section 152(1) or, in the case of a Crown entity group, for each Crown entity in the group
2: In section 152(1)(a) (or entities in the group, as the case may be)
3: In section 152(1)(b) (or entities in the group, as the case may be)
4: After section 152(1)
1A: Despite section 156A
63: Section 153 replaced (Form and content of statement of service performance)
Replace section 153
153: Form and content of statement of performance
A statement of performance must, in relation to a Crown entity and a financial year,—
a: be prepared in accordance with generally accepted accounting practice; and
b: describe each reportable class of outputs for the financial year; and
c: include, for each reportable class of outputs identified in the entity's statement of performance expectations for the financial year,—
i: the standards of delivery performance achieved by the entity, as compared with the forecast standards included in the entity's statement of performance expectations for the financial year; and
ii: the actual revenue earned and output expenses incurred, as compared with the expected revenues and proposed output expenses included in the entity's statement of performance expectations for the financial year.
64: Section 154 amended (Annual financial statements)
Replace section 154(1) and (2)
1: As soon as practicable after the end of each financial year, a Crown entity must prepare financial statements in relation to the entity for that financial year.
65: Section 155 amended (Statement of responsibility)
1: In section 155(a) and (c) service
2: After section 155(c)
ca: contain a statement of the signatories' responsibility for any end-of-year performance information provided by the Crown entity under section 19A .
66: Section 156 replaced (Audit report)
Replace section 156
156: Audit report
1: A Crown entity must forward to the Auditor-General,—
a: within 3 months after the end of each financial year,—
i: the Crown entity's annual financial statements and statement of performance (if applicable); and
ii: any end-of-year performance information that the Crown entity is required to provide under section 19A
iii: any other information that the Auditor-General has agreed, or is required, to audit; and
b: the Crown entity's annual report in a timely manner to enable the Auditor-General to review that report before providing the audit report required under subsection (2)(b)
2: The Auditor-General must—
a: audit the statements and information referred to in subsection (1)(a)
b: provide an audit report to the Crown entity within 4 months after the end of each financial year.
67: New sections 156A and 156B and cross-heading inserted
After section 156 section 66 Application of this subpart to Crown entity groups
156A: Application of this subpart to Crown entity groups
1: A Crown entity ( entity A section 156B
2: Entity A must prepare a statement or report under this subpart if, at the relevant time,—
a: entity A has 1 or more subsidiaries; and
b: entity A is not a subsidiary of another Crown entity.
3: If entity A is required by this section to prepare a statement or report, this subpart—
a: must be read as if it required the statement or report to include consolidated information in respect of the Crown entity group comprising entity A and its subsidiaries, rather than information in respect of entity A only; and
b: otherwise applies with any necessary modifications.
4: In this section,— relevant time
a: the end of the period to which the statement or report relates; or
b: if the statement or report relates to a period that includes a future period, the time when the statement or report is provided to entity A's responsible Minister statement or report
a: statement of intent ( see section 139
b: statement of performance expectations ( see section 149C
c: forecast financial statements ( see section 149G
d: annual report ( see
e: statement of performance ( see section 153
f: annual financial statements ( see subsidiary paragraph (b)
156B: Minister of Finance may require additional reporting
1: Despite section 156A specified entity
2: A notice must specify—
a: which statements and reports are required; and
b: the financial years or other period (which may be until further notice) for which each statement or report is required.
3: Before issuing a notice, the Minister of Finance must—
a: consider the operations and functions of the specified entity; and
b: consult the responsible Minister for the parent Crown entity of the Crown entity group to which the specified entity belongs; and
c: be satisfied that each statement or report is necessary or desirable to enhance public accountability of the specified entity.
4: If a specified entity is required under this section to prepare a statement or report, this subpart applies with any necessary modifications.
68: Section 157 replaced and cross-heading inserted
Replace section 157 Multi-parent subsidiaries: exemptions from reporting requirements under this subpart
157: Multi-parent subsidiaries part-owned by school board of trustees or tertiary education institution
1: This section applies to a multi-parent subsidiary if any of its parent Crown entities is a school board of trustees or tertiary education institution.
2: The Minister of Finance may, by notice in writing, exempt the multi-parent subsidiary from the requirement to prepare a statement or report (as defined in section 156A(4)
a: it would be unduly onerous for the multi-parent subsidiary to comply with the requirement; and
b: the exemption is consistent with maintaining reasonable public accountability of the multi-parent subsidiary.
3: A notice must specify—
a: which statements or reports are not required; and
b: the financial years or other period (which may be until further notice) for which each statement or report is not required.
4: The exemption may be granted subject to any terms or conditions the Minister thinks fit (which may include a condition that a parent Crown entity must, in its equivalent statement or report, include certain information about the multi-parent subsidiary).
5: As soon as practicable after granting an exemption, the Minister must—
a: notify the exemption, and its terms and conditions, in the Gazette
b: present to the House of Representatives a statement of the exemption and its terms and conditions.
157A: Other multi-parent subsidiaries
1: This section applies to a multi-parent subsidiary other than a multi-parent subsidiary to which section 157
2: The multi-parent subsidiary need not comply with this subpart except as required under this section.
3: The Minister of Finance may, by notice in writing, require the multi-parent subsidiary to prepare 1 or more statements or reports (as defined in section 156A(4)
4: A notice must specify—
a: which statements or reports are required; and
b: the financial years or other period (which may be until further notice) for which each statement or report is required.
5: Before issuing a notice, the Minister of Finance must—
a: consider the operations and functions of the multi-parent subsidiary; and
b: consult the responsible Minister for each parent Crown entity of the multi-parent subsidiary; and
c: be satisfied that each statement or report is necessary or desirable to enhance public accountability of the multi-parent subsidiary.
69: Section 163 amended (Restrictions on giving of guarantees and indemnities)
In section 163(1) give a guarantee to, or indemnify, another person , or amend the terms of any such guarantee or indemnity,
70: Section 170 replaced (Power to require output agreement)
Replace section 170
170: Responsible Minister may set standards, terms, and conditions in respect of certain classes of outputs
A responsible Minister may set standards, terms, and conditions in respect of any reportable class of outputs that a Crown entity proposes to supply.
71: Schedule 1 amended
In Schedule 1
72: Consequential amendments arising from amendments to Crown Entities Act 2004 made by this Part
The enactments listed in Schedule 3 2014-07-01 Accident Compensation Act 2001 Civil Aviation Act 1990 Crown Research Institutes Act 1992 Education Act 1989 Government Superannuation Fund Act 1956 Housing Corporation Act 1974 Maritime Transport Act 1994 New Zealand Antarctic Institute Act 1996 New Zealand Public Health and Disability Act 2000 New Zealand Superannuation and Retirement Income Act 2001 New Zealand Tourism Board Act 1991 Public Trust Act 2001 Transport Accident Investigation Commission Act 1990