Part 2 s 89
(b)
Crown Entities Act 2004
Version as at
1 July 2024
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.
Section 88A: inserted, on 18 July 2013, by section 17 of the Crown Entities Amendment Act 2013
(2013 No 51).
Appointment and removal of members
89
Criteria for appointments by shareholding Minister
(1)
A shareholding Minister of a Crown entity company must appoint members in
accordance with any criteria for members, and any process for appointment, set
out under this Act or another Act or the company’s constitution.
(2)
A shareholding Minister—
(a)
may only appoint a person who, in the shareholding Minister’s opin‐
ion, has the appropriate knowledge, skills, and experience to ensure
the sound management of the Crown entity company and to assist the
company to achieve its objectives and perform its functions; and
(b)
subject to subsection (1), in appointing, must take into account the
desirability of promoting diversity in the membership of Crown entities.
(3)
A member of Parliament is disqualified from being a member of a Crown
entity company.
90
Members must disclose interests before appointment
(1)
Before a person is appointed as a member of a Crown entity company, the
person must disclose to the shareholding Ministers the nature and extent
(including monetary value, if quantifiable) of all interests that the person has at
that time, or is likely to have, in matters relating to the Crown entity company.
(2)
The board of the Crown entity company must notify the shareholding Ministers
of a failure to comply with subsection (1) as soon as practicable after becoming
aware of the failure.
(3)
Sections 139 and 140 of the Companies Act 1993 do not apply until after the
member is appointed.
91
No compensation for removal from office
A member of a Crown entity company is not entitled to any compensation or
other payment or benefit relating to his or her ceasing for any reason to hold
office as a member.
46