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 in charge helps a Crown entity do its job and makes big decisions about it."

Illustration for Crown Entities Act 2004

The responsible Minister oversees the Crown's interests in a statutory entity. You can think of the Minister as the person in charge of making sure the entity is doing its job. The Minister has many roles, including appointing and removing members, determining remuneration, and giving directions to the entity under subpart 1 of Part 3. The Minister also reviews the entity's operations and performance under subpart 3 of Part 3, and requests information from the entity. The Minister participates in setting the entity's strategic direction and performance expectations, and monitors its performance under Part 4. The Minister has other roles too, as outlined in this Act or other Acts. This section does not affect another Minister's relationship with the entity under other authority. Despite what is said in 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. The Minister can delegate the power to request information to the chief executive of a monitor, who can then subdelegate this power to an employee or contractor, as stated in section 133.

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"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).