Part 3 s 106
Crown Entities Act 2004
Version as at
1 July 2024
106
Directions to members and office holders of entities
(1)
A responsible Minister may, if an Act provides for any member or office holder
of an entity to do something, direct that person to have regard to, or to give
effect to, a government policy, as the case may be, in the same way that the
Minister could give a direction to the entity if the Act required the entity to do
the act itself.
(2)
Sections 114 and 115 apply to the direction.
107
Directions to support whole of government approach
(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.
(2)
The direction may be given only—
(a)
to 1 or more categories of Crown entities (for example, to all statutory
entities, all Crown entity companies, or all school boards); or
(b)
to 1 or more types of statutory entity (for example, to all Crown agents);
or
(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 char‐
acteristic could relate to the Crown entities’ asset holdings or
presence in a region).
(2A) For the purposes of subsection (2)(a) and (c), companies named in Schedule
4A of the Public Finance Act 1989 may be treated as a category of Crown
entities.
(3)
No direction may be given under this section to Crown entity subsidiaries.
Section 107 heading: replaced, on 18 July 2013, by section 21(1) of the Crown Entities Amendment
Act 2013 (2013 No 51).
Section 107(1): replaced, on 18 July 2013, by section 21(2) of the Crown Entities Amendment Act
2013 (2013 No 51).
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