Part 2 s 54
54
Crown Entities Act 2004
Version as at
1 July 2024
Duty to act with honesty and integrity
A member of a statutory entity must, when acting as a member, act with
honesty and integrity.
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Duty to act in good faith and not at expense of entity’s interests
A member of a statutory entity must, when acting as a member, act in good
faith and not pursue his or her own interests at the expense of the entity’s
interests.
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Duty to act with reasonable care, diligence, and skill
A member of a statutory entity must, when acting as a member, exercise the
care, diligence, and skill that a reasonable person would exercise in the same
circumstances, taking into account (without limitation)—
(a)
the nature of the statutory entity; and
(b)
the nature of the action; and
(c)
the position of the member and the nature of the responsibilities under‐
taken by him or her.
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Duty not to disclose information
(1)
A member of a statutory entity who has information in his or her capacity as a
member that would not otherwise be available to him or her must not disclose
that information to any person, or make use of, or act on, that information,
except—
(2)
(a)
in the performance of the entity’s functions; or
(b)
as required or permitted by law; or
(c)
in accordance with subsection (2); or
(d)
in complying with the requirements for members to disclose interests.
A member may disclose, make use of, or act on the information if—
(a)
the member is first authorised to do so by the board or, in the case of a
corporation sole, by the responsible Minister; and
(b)
the disclosure, use, or act in question will not, or will be unlikely to,
prejudice the entity.
Effect of non-compliance with duties
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Accountability for collective board duties
(1)
The duties of the board and members of a statutory entity under sections 49 to
52 (collective duties) are duties owed to the responsible Minister.
(2)
If a board does not comply with any of its collective duties, all or any of the
members may be removed from office (subject to any requirements in sections
36 to 42, or in the entity’s Act, that are applicable to the member).
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