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Crown Entities Act 2004

Preliminary provisions

9: Power to amend Schedules 1 and 2

You could also call this:

"The Governor-General can change some rules by adding or removing names from special lists."

Illustration for Crown Entities Act 2004

The Governor-General can change what is in Schedule 1 or Schedule 2 by making an Order in Council. You can think of an Order in Council like a special kind of rule that the Governor-General can make. The Governor-General can add or remove names from these schedules for different reasons, such as when a new entity is created or when an entity's name changes.

The Governor-General can also use an Order in Council to change which rules apply to certain entities or companies, like exempting them from certain sections of the Act, which refers to the Crown Entities Act 2004. However, the Governor-General cannot make an Order in Council to change the rules for a school board or a tertiary education institution.

When the Governor-General makes an Order in Council, it is a type of secondary legislation, which means it is a rule made under an Act of Parliament, and you can learn more about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329648.

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Part 1Preliminary provisions

9Power to amend Schedules 1 and 2

  1. The Governor-General may, by Order in Council, amend Schedule 1 or Schedule 2 to—

  2. add to Schedule 1 the name of an entity established by or under an Act of Parliament:
    1. add to Schedule 2 the name of a Crown entity company:
      1. omit the name of a Crown agent from Part 1 of Schedule 1 and add that name to another Part of that schedule:
        1. omit the name of an autonomous Crown entity from Part 2 of Schedule 1 and add that name to Part 3 of that schedule:
          1. omit the name of an entity or company and substitute another name in recognition of a change in the entity's or company's name:
            1. omit the name of an entity or company in recognition of the entity's dissolution or the company's removal from the register under the Companies Act 1993:
              1. remove the exemption for an entity or company from all or any of sections 161, 162, 163, and 164 of this Act:
                1. exempt an entity or company from all or any of sections 161, 162, 163, 164, and 165 of this Act.

                  1. An Order in Council cannot be made under this section in relation to a school board or a tertiary education institution.

                  2. An Order in Council cannot be made under this section to add a Crown entity subsidiary to Schedule 1 or Schedule 2.

                  3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Notes
                  • Section 9(1)(g): inserted, on , by section 26 of the Statutes Amendment Act 2022 (2022 No 75).
                  • Section 9(1)(h): inserted, on , by section 26 of the Statutes Amendment Act 2022 (2022 No 75).
                  • Section 9(2): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
                  • Section 9(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).