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Crown Entities Act 2004

Establishment and governance of Crown entities - Statutory entities - Effect of non-compliance with duties

59: Accountability for individual duties

You could also call this:

"Being responsible for your individual duties as a member of a government group"

If you are a member of a statutory entity, you have individual duties that you must follow. These duties are owed to the Minister in charge and the entity you are part of, as outlined in sections 53 to 57. You must comply with these duties.

If you do not comply with your individual duties, you may be removed from your position, depending on the rules in sections 36 to 42 or the entity's own Act. The entity you are part of can also take action against you for not following your individual duties.

You are not usually liable for breaching your individual duties, except in certain situations. This means you will not usually be punished for making a mistake, unless it is a serious one. However, this does not affect other reasons why you might be removed from your position. Additionally, if you breach your duties, you can still be liable under other laws, or someone can apply for a court order under section 60.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329990.

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Part 2Establishment and governance of Crown entities
Statutory entities: Effect of non-compliance with duties

59Accountability for individual duties

  1. The duties of the members of a statutory entity under sections 53 to 57 (individual duties) are duties owed to the responsible Minister and the statutory entity.

  2. If a member does not comply with his or her individual duties, that member may be removed from office (subject to any requirements in sections 36 to 42, or in the entity's Act, that are applicable to the member).

  3. A statutory entity may bring an action against a member for breach of any individual duty.

  4. Except as provided in subsections (2) and (3), a member is not liable for a breach of an individual duty under this Act.

  5. This section does not affect any other ground for removing a member from office.

  6. Subsection (4) does not affect—

  7. anything else for which the member may be liable under any other Act or rule of law arising from the act or omission that constitutes the breach; or
    1. the right to apply for a court order under section 60.