Version as at
1 July 2024
Crown Entities Act 2004
Part 2 s 88A
any statutory responsibilities given to the shareholding Ministers, including
functions and powers—
(a)
to appoint and remove members by shareholder resolution in accordance
with the Companies Act 1993; and
(b)
to review the operations and performance of the company under subpart
3 of Part 3; and
(c)
to request information from the entity under subpart 3 of Part 3, whether
for a review or otherwise; and
(d)
to participate in the process of setting the company’s strategic direction
and performance expectations and monitoring the company’s perform‐
ance under Part 4; and
(e)
to do other things under this Act or another Act or the company’s
constitution.
(2)
The shareholding Ministers may give directions to the company only if
expressly authorised to do so by this Act or another Act.
(3)
This section does not limit another Minister’s relationship with the Crown
entity company under any other authority.
(4)
Despite clause 5 of Schedule 6 of the Public Service Act 2020, the sharehold‐
ing 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).
Section 88(1)(d): replaced, on 1 July 2014, by section 45 of the Crown Entities Amendment Act 2013
(2013 No 51).
Section 88(4): inserted, on 18 July 2013, by section 16 of the Crown Entities Amendment Act 2013
(2013 No 51).
Section 88(4): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020
No 40).
Section 88(5): inserted, on 18 July 2013, by section 16 of the Crown Entities Amendment Act 2013
(2013 No 51).
Monitor’s role
Heading: inserted, on 18 July 2013, by section 17 of the Crown Entities Amendment Act 2013 (2013
No 51).
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
45