Version as at
1 July 2024
Crown Entities Act 2004
Part 3 s 117
(a)
all statutory entities and Crown entity companies, categories or types
of statutory entities or Crown entity companies, or specific statutory
entities or Crown entity companies:
(b)
all employees or classes of employees of those employers.
(3)
A failure to comply with this section does not invalidate the acts of an
employee of a Crown entity.
(4)
This section does not limit section 117.
Section 116(1)(a): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020
No 40).
117
Employment of chief executive
(1)
A chief executive of a statutory entity is appointed for a term of not more than
5 years, but may be reappointed.
(2)
The terms and conditions of employment of a chief executive of a statutory
entity appointed by its board must be determined by agreement between the
board and the chief executive.
(2A) However, the board must obtain the written consent of the Public Service
Commissioner before—
(a)
finalising the terms and conditions; or
(b)
amending any or all of the terms and conditions once they have been
finalised.
(2B) When considering the terms and conditions of a chief executive, the Public
Service Commissioner must have regard to the following (among any other
relevant factors):
(a)
the legal, commercial, and operational context of the entity:
(b)
any information provided by the board, which might include, for
example, the board’s advice about a person’s knowledge, skills, experi‐
ence, and performance:
(c)
the public interest in prudent stewardship of public resources:
(d)
Government expectations:
(e)
relevant market information.
(2C) The Public Service Commissioner must provide reasons for refusing consent to
any proposed terms and conditions.
(2D) The Public Service Commissioner must provide the boards of statutory entities
with advice and guidance on the terms and conditions of employment of chief
executives of entities.
(3)
A failure to comply with this section does not invalidate the acts of a chief
executive of an entity.
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