Version as at
1 July 2024
Crown Entities Act 2004
Part 2 s 30
Section 28(3)(b): amended, on 7 July 2010, by section 4(1) of the Crown Entities Amendment
Act 2010 (2010 No 60).
Section 28(3)(c): repealed, on 7 July 2010, by section 4(1) of the Crown Entities Amendment
Act 2010 (2010 No 60).
Section 28(4): added, on 7 July 2010, by section 4(2) of the Crown Entities Amendment Act 2010
(2010 No 60).
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Criteria for appointments or recommendations by responsible Minister
(1)
A responsible Minister of a statutory entity must appoint, or recommend the
appointment of, members under section 28 in accordance with any criteria for
members and any process for appointment under this or another Act.
(2)
A responsible Minister—
(a)
may only appoint or recommend a person who, in the responsible Min‐
ister’s opinion, has the appropriate knowledge, skills, and experience
to assist the statutory entity to achieve its objectives and perform its
functions; and
(b)
subject to subsection (1), in appointing or recommending an appoint‐
ment, must take into account the desirability of promoting diversity in
the membership of Crown entities.
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Qualifications of members
(1)
A natural person who is not disqualified by this section may be a member of a
statutory entity.
(2)
The following persons are disqualified from being members:
(a)
a person who is an undischarged bankrupt:
(b)
a person who is prohibited from being a director or promoter of, or
being concerned or taking part in the management of, an incorporated
or unincorporated body under the Companies Act 1993, or the Financial
Markets Conduct Act 2013, or the Takeovers Act 1993:
(c)
a person who is subject to a property order under the Protection of
Personal and Property Rights Act 1988:
(d)
a person in respect of whom a personal order has been made under that
Act that reflects adversely on the person’s—
(e)
(i)
competence to manage his or her own affairs in relation to his or
her property; or
(ii)
capacity to make or to communicate decisions relating to any
particular aspect or aspects of his or her personal care and welfare:
a person who has been convicted of an offence punishable by imprison‐
ment for a term of 2 years or more, or who has been sentenced to
imprisonment for any other offence, unless that person has obtained a
pardon, served the sentence, or otherwise suffered the penalty imposed
on the person:
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