Version as at
1 July 2024
Crown Entities Act 2004
Part 1 s 6
4
Application of Acts to Crown entities
(1)
The rules for the establishment, governance, operation, and accountability of
Crown entities are set out in various Acts of Parliament as follows:
(a)
this Act applies generally to Crown entities:
(b)
a statutory entity is established by or under the entity’s Act, and the enti‐
ty’s Act may supplement, or expressly modify or negate, the provisions
of this Act for that entity and its Crown entity subsidiaries:
(c)
a Crown entity company is incorporated under the Companies Act 1993
and may also have an entity’s Act, and the entity’s Act (if any) may
supplement, or expressly modify or negate, the provisions of this Act for
that company and its Crown entity subsidiaries:
(d)
other Acts (for example, some provisions of the Public Service Act
2020) also apply.
(2)
This Act applies to a Crown entity, and prevails over the entity’s Act, except to
the extent that the entity’s Act expressly provides otherwise.
(3)
Subsection (2) is subject to sections 5 and 6.
Section 4(1)(d): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020
No 40).
5
Application of this Act to school boards
(1)
Schedule 3 applies to school boards and their Crown entity subsidiaries.
(2)
Otherwise this Act does not apply to school boards and their Crown entity
subsidiaries.
Section 5: replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020
No 38).
6
Application of this Act to tertiary education institutions
(1)
The provisions set out in Part 1 of Schedule 4 apply to all tertiary education
institutions and their Crown entity subsidiaries.
(1A) The provisions set out in Part 2 of Schedule 4 apply to Te Pūkenga—New
Zealand Institute of Skills and Technology and its council in addition to the
provisions referred to in subsection (1).
(1B) For the purpose of applying the provisions referred to in subsection (1A), Te
Pūkenga—New Zealand Institute of Skills and Technology must be treated as a
statutory entity.
(2)
Otherwise this Act does not apply to tertiary education institutions and their
Crown entity subsidiaries.
Section 6(1): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020
(2020 No 38).
Section 6(1): amended, on 1 April 2020, by section 78(1) of the Education (Vocational Education and
Training Reform) Amendment Act 2020 (2020 No 1).
11