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Crown Entities Act 2004

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

60: Court actions requiring or restraining board or members

You could also call this:

"Going to court to stop or make a board do something"

Illustration for Crown Entities Act 2004

If you are a Minister or a member of a statutory entity, you can ask a court for an order to stop the board or a member from doing something that goes against the rules. You can also ask the court for an order to make the board or member do something they are supposed to do. The court can make an order if it is fair and reasonable to do so. The court will not make an order about something that has already happened. You can ask the court for a temporary order while you are waiting for a final decision.

If you are a Minister, you can ask the court for an order to make the board or member take a certain action. The court can also give you other relief that follows from their decision. This is all subject to what is said in section 113. The court has the power to make interim orders at any time before making a final decision. This means the court can make a temporary order that has the same effect as a final order.

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

60Court actions requiring or restraining board or members

  1. A responsible Minister or a member of a statutory entity may apply to a court for an order—

  2. restraining the board or a member of the board from engaging in conduct that would contravene any requirement under this Act or the entity's Act; and
    1. granting any consequential relief.

      1. A responsible Minister may apply to a court for an order—

      2. requiring the board or a member to take any action that is required to be taken under this Act or the entity's Act:
        1. granting any consequential relief.

          1. The court may make an order on the application subject to the following rules:

          2. an order may be made only if it is just and equitable to do so:
            1. no order may be made in respect of conduct that has been completed.

              1. The court may, at any time before the final determination of an application under this section, make as an interim order any order that it is empowered to make as a final order.

              2. This section is subject to section 113.