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. 57

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