Version as at
1 July 2024
(3)
Crown Entities Act 2004
Part 2 s 60
However, subsection (2) does not apply to a member (other than the member of
a corporation sole) if—
(a)
he or she did not know and could not reasonably be expected to know
that the duty was to be or was being breached; or
(b)
he or she took all reasonable steps in the circumstances to prevent the
duty being breached.
(4)
The taking of reasonable steps does not require a member to apply to a court
for an order under section 60.
(5)
A member is not liable for a breach of a collective duty under this Act.
(6)
However, subsection (5) does not limit subsection (2).
(7)
This section does not affect any other ground for removing a member from
office.
(8)
Subsection (5) does not affect—
(a)
anything else for which the member may be liable under any other
Act or rule of law arising from the act or omission that constitutes the
breach; or
(b)
the right to apply for a court order under section 60.
59
Accountability for individual duties
(1)
The duties of the members of a statutory entity under sections 53 to 57 (indi‐
vidual duties) are duties owed to the responsible Minister and the statutory
entity.
(2)
If a member does not comply with his or her individual duties, that member
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).
(3)
A statutory entity may bring an action against a member for breach of any
individual duty.
(4)
Except as provided in subsections (2) and (3), a member is not liable for a
breach of an individual duty under this Act.
(5)
This section does not affect any other ground for removing a member from
office.
(6)
Subsection (4) does not affect—
(a)
anything else for which the member may be liable under any other
Act or rule of law arising from the act or omission that constitutes the
breach; or
(b)
the right to apply for a court order under section 60.
60
Court actions requiring or restraining board or members
(1)
A responsible Minister or a member of a statutory entity may apply to a court
for an order—
35