Version as at
1 July 2024
Crown Entities Act 2004
Part 4 s 169
167
Gifts
(1)
Any money or property that is gifted to a Crown entity may be accepted or
disclaimed by a Crown entity.
(2)
The limitations in this Act (such as the limitations on the form in which
property may be held) do not apply to gifted property during a period that is
reasonable in the circumstances.
168
Accounting records to be kept
(1)
The board of a Crown entity must cause accounting records to be kept that—
(a)
correctly record and explain the transactions of the Crown entity; and
(b)
will at any time enable the financial position of the Crown entity to be
determined with reasonable accuracy; and
(c)
will enable the members of the Crown entity to ensure that the financial
statements of the Crown entity comply with section 154; and
(d)
will enable the financial statements of the Crown entity to be readily and
properly audited.
(2)
The accounting records must be in written form or in a manner in which they
are easily accessible and convertible into written form.
(3)
If the board of a Crown entity fails to comply with the requirements of this
section, every member of the Crown entity commits an offence and is liable on
conviction to a penalty not exceeding $5,000.
(4)
It is a defence to a member charged with an offence under this section if the
member proves that—
(a)
the board took all reasonable and proper steps to ensure that the require‐
ments of this section would be complied with; or
(b)
he or she took all reasonable and proper steps to ensure that the board
complied with the requirements of this section; or
(c)
in the circumstances he or she could not reasonably have been expected
to take steps to ensure that the board complied with the requirements of
this section.
Compare: 1993 No 105 s 194
Subpart 4—Miscellaneous
169
Taxation of statutory entities
A statutory entity is a public authority for the purpose of the Inland Revenue
Acts (as that term is defined in the Tax Administration Act 1994) unless either
those Acts or the entity’s Act provides otherwise.
95