Part 2 s 61
(2)
(3)
Crown Entities Act 2004
Version as at
1 July 2024
(a)
restraining the board or a member of the board from engaging in conduct
that would contravene any requirement under this Act or the entity’s
Act; and
(b)
granting any consequential relief.
A responsible Minister may apply to a court for an order—
(a)
requiring the board or a member to take any action that is required to be
taken under this Act or the entity’s Act:
(b)
granting any consequential relief.
The court may make an order on the application subject to the following rules:
(a)
an order may be made only if it is just and equitable to do so:
(b)
no order may be made in respect of conduct that has been completed.
(4)
The court may, at any time before the final determination of an application
under this section, make as an interim order any order that it is empowered to
make as a final order.
(5)
This section is subject to section 113.
Reliance on information and advice
61
When members may rely on certain information and advice
(1)
A member, when acting as a member, may rely on reports, statements, financial
data, and other information prepared or supplied, and on professional or expert
advice given, by any of the following persons:
(a)
an employee of the statutory entity whom the member believes on
reasonable grounds to be reliable and competent in relation to the mat‐
ters concerned:
(b)
a professional adviser or expert in relation to matters that the member
believes on reasonable grounds to be within the person’s professional or
expert competence:
(c)
any other member or a committee on which the member did not serve
in relation to matters within the member’s or committee’s designated
authority.
(2)
A member, when acting as a member, may rely on reports, statements, financial
data, and other information supplied by the Crown.
(3)
This section applies to a member only if the member—
36
(a)
acts in good faith; and
(b)
makes proper inquiry if the need for inquiry is indicated by the circum‐
stances; and
(c)
has no knowledge that the reliance is unwarranted.