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Crown Entities Act 2004

Establishment and governance of Crown entities - Statutory entities - Validity of acts

23: Dealings between statutory entities and other persons

You could also call this:

"Protection when dealing with government departments and agencies"

Illustration for Crown Entities Act 2004

You deal with a statutory entity, like a government department. The entity can't say something is not valid because someone was not appointed correctly. The entity also can't say a document is not genuine if it was issued by someone with authority. You are protected when dealing with the entity, but not if you knew or should have known about the issue. The law still allows you to apply for judicial review if you need to. This section is similar to section 18 of another law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329938.

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22: Acts that are not in best interests of statutory entity, or

"Things done by a group that might not help the group"

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24: Interpretation, or

"What special words mean in this law"

Part 2Establishment and governance of Crown entities
Statutory entities: Validity of acts

23Dealings between statutory entities and other persons

  1. A statutory entity may not assert against a person dealing with the entity that—

  2. a person held out by the statutory entity to be a member, office holder, chief executive, employee, or agent of the statutory entity (as the case may be)—
    1. has not been duly appointed in that capacity or has ceased to be appointed in that capacity; or
      1. does not have the authority to exercise a power which, given the nature of the statutory entity, a person appointed to that capacity customarily has authority to exercise; or
        1. does not have the authority to exercise a power that the statutory entity holds him or her out as having; or
        2. a document issued on behalf of the entity by a member, office holder, chief executive, employee, or agent of the entity with actual or usual authority to issue the document is not valid or genuine.

          1. However, a statutory entity may assert any of those matters if the person dealing with the statutory entity had, or ought reasonably to have had, knowledge of the matter.

          2. Nothing in this section affects a person's right to apply, in accordance with the law, for judicial review.

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