Version as at
1 July 2024
Crown Entities Act 2004
Part 3 s 129
indemnify includes relieve or excuse from liability, whether before or after the
liability arises, and indemnity has a corresponding meaning
member includes a person who was a member at any time after the com‐
mencement of this Act but who is no longer a member
office holder includes a person who was an office holder at any time after the
commencement of this Act but who is no longer an office holder.
Dealings with third parties by statutory entities
127
Method of contracting
(1)
A contract or other enforceable obligation may be entered into by a statutory
entity as provided in this section.
(2)
An obligation that, if entered into by an individual, is required to be by deed
may be entered into on behalf of a statutory entity in writing, signed under the
name of the entity,—
(a)
by 2 or more of its members or, if the entity is a corporation sole, by the
sole member; or
(b)
by 1 or more attorneys appointed by the entity under section 129(1).
(3)
An obligation that, if entered into by an individual, is required to be in writing
may be entered into on behalf of a statutory entity in writing by a person acting
under the entity’s express or implied authority.
(4)
An obligation that, if entered into by an individual, is not required to be in
writing may be entered into on behalf of a statutory entity in writing or orally
by a person acting under the entity’s express or implied authority.
(5)
This section applies to a contract or other obligation—
(a)
whether or not that obligation was entered into in New Zealand; and
(b)
whether or not the law governing that obligation is the law of New
Zealand.
Section 127(2)(b): amended, on 18 July 2013, by section 32 of the Crown Entities Amendment Act
2013 (2013 No 51).
128
Seal
(1)
A statutory entity may have a common seal if its board adopts one.
(2)
The common seal of a statutory entity (if it has one) must be judicially noticed
in all courts and for all purposes.
129
Attorneys
(1)
A statutory entity may, by an instrument in writing executed in accordance with
section 127(2), appoint a person as its attorney either generally or in relation to
a specified matter.
61