Crown Entities Act 2004

Establishment and governance of Crown entities - Statutory entities - Responsible Minister's role

27: Responsible Minister's role

You could also call this:

"The Minister's job is to oversee and guide a statutory entity to ensure it follows the rules and does its job properly."

The responsible Minister has a big role in overseeing a statutory entity. You can think of the Minister as the person who makes sure the entity is doing its job and following the rules. The Minister's job includes appointing and removing members of the entity, deciding how much some members get paid, and giving the entity directions under subpart 1 of Part 3.

The Minister also reviews how the entity is doing its job under subpart 3 of Part 3, and can ask for information from the entity. The Minister helps set the entity's goals and makes sure it is meeting them under Part 4. The Minister has other jobs too, like dealing with other matters in this Act or other Acts.

The Minister cannot delegate, or pass on, most of their powers to someone else, except as allowed in subsection (4), and despite what clause 5 of Schedule 6 of the Public Service Act 2020 says. However, the Minister can delegate the power to request information under section 133 to the chief executive of a monitor.

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"Members of a group must follow rules and answer to a Minister for their actions."


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27A: Monitor's role, or

"The monitor helps the Minister and does jobs like managing money and following laws."

Part 2Establishment and governance of Crown entities
Statutory entities: Responsible Minister's role

27Responsible Minister's role

  1. The role of the responsible Minister is to oversee and manage the Crown's interests in, and relationship with, a statutory entity and to exercise any statutory responsibilities given to the Minister, including functions and powers—

  2. in relation to the appointment and removal of members under this subpart:
    1. to determine the remuneration of some members under this Part:
      1. in relation to the giving of directions to the entity under subpart 1 of Part 3:
        1. to review the operations and performance of the entity under subpart 3 of Part 3:
          1. to request information from the entity under subpart 3 of Part 3, whether for a review or otherwise:
            1. to participate in the process of setting the entity's strategic direction and performance expectations and monitoring the entity's performance under Part 4:
              1. in relation to other matters in this Act or another Act.
                1. This section does not limit another Minister's relationship with the statutory entity under any other authority.

                2. Despite clause 5 of Schedule 6 of the Public Service Act 2020, the responsible Minister may not delegate any power under this Act except as provided in subsection (4).

                3. The responsible Minister may delegate the power in section 133 to request information to the chief executive of a monitor (who may subdelegate this delegation to an employee of the monitor or to an individual working for the monitor as a contractor in relation to a function, duty, or power of the monitor).

                Notes
                • Section 27(1): amended, on , by section 9(1) of the Crown Entities Amendment Act 2013 (2013 No 51).
                • Section 27(1)(f): replaced, on , by section 43 of the Crown Entities Amendment Act 2013 (2013 No 51).
                • Section 27(3): inserted, on , by section 9(2) of the Crown Entities Amendment Act 2013 (2013 No 51).
                • Section 27(3): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                • Section 27(4): inserted, on , by section 9(2) of the Crown Entities Amendment Act 2013 (2013 No 51).