Crown Entities Act 2004

Establishment and governance of Crown entities - Statutory entities - Appointment, removal, and conditions of members

30: Qualifications of members

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To be a member of a statutory entity, you must be a natural person and not be disqualified. You are disqualified if you are an undischarged bankrupt. You are also disqualified if you are prohibited from being a director or promoter of a company under the Companies Act 1993, the Financial Markets Conduct Act 2013, or the Takeovers Act 1993.

You are disqualified if you are subject to a property order under the Protection of Personal and Property Rights Act 1988. You are also disqualified if a personal order has been made against you that says you are not competent to manage your own affairs or make decisions about your personal care and welfare.

You are disqualified if you have been convicted of a crime that can be punished with imprisonment for two years or more, unless you have been pardoned or served your sentence. You are also disqualified if you are a member of Parliament, unless you were elected to the position, or if you are disqualified under another Act.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329956.

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Part 2Establishment and governance of Crown entities
Statutory entities: Appointment, removal, and conditions of members

30Qualifications of members

A natural person who is not disqualified by this section may be a member of a statutory entity.
The following persons are disqualified from being members:
a person who is an undischarged bankrupt:
a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, or the Financial Markets Conduct Act 2013, or the Takeovers Act 1993:
a person who is subject to a property order under the Protection of Personal and Property Rights Act 1988:
a person in respect of whom a personal order has been made under that Act that reflects adversely on the person's—
1. competence to manage his or her own affairs in relation to his or her property; or
2. capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare:
a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person:
a member of Parliament:
a person who is disqualified under another Act.

However, subsection (2)(f) does not disqualify a person who is elected (rather than appointed) to office as a member under any other Act.

Notes

Section 30(2)(b): substituted, on 25 October 2006, by section 25 of the Securities Amendment Act 2006 (2006 No 46).
Section 30(2)(b): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).