Crown Entities Act 2004

Establishment and governance of Crown entities - Statutory entities - Conflict of interest disclosure rules

68: Permission to act despite being interested in matter

You could also call this:

"When you have a conflict of interest, you can still make decisions if you get written permission."

If you are a member of a statutory entity, you might have a conflict of interest. The chairperson can give you permission to act despite this conflict, but they must do so in writing before you act. They can only give you this permission if they think it is in the public interest.

The chairperson can also add conditions to this permission, which you must follow. If there is no chairperson, or if the chairperson is unavailable or has a conflict of interest, the deputy or temporary deputy chairperson can give the permission.

If neither the chairperson nor the deputy or temporary deputy chairperson can give the permission, the responsible Minister can do so. The permission can be changed or taken away in the same way it was given. You must disclose any conflict of interest and the permission you were given in the entity's annual report, including who gave the permission and any conditions or changes to it, as stated in section 66.

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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=DLM330302.

Topics:

Government and voting > Government departmentsBusiness > Industry rules

67: Consequences of failing to disclose interest, or

"What happens if you don't tell people about your interests when you're supposed to"

69: Entity may avoid certain acts done in breach of conflict of interest rules, or

"Cancelling decisions made when someone had a conflict of interest"

Part 2Establishment and governance of Crown entities
Statutory entities: Conflict of interest disclosure rules

68Permission to act despite being interested in matter

The chairperson of a statutory entity may, by prior written notice to the board, permit 1 or more members, or members with a specified class of interest, to do anything otherwise prohibited by section 66, if the chairperson is satisfied that it is in the public interest to do so.
The permission may state conditions that the member must comply with.
The deputy or temporary deputy chairperson may give the permission if there is no chairperson, or if the chairperson is unavailable or interested.
The responsible Minister may give the permission if there is neither a chairperson nor a deputy or temporary deputy chairperson, or if both the chairperson and the deputy or temporary deputy chairperson are unavailable or interested.
The permission may be amended or revoked in the same way as it may be given.
The board must disclose an interest to which a permission relates in its annual report, together with a statement of who gave the permission and any conditions or amendments to, or revocation of, the permission.

Notes

Section 68(3): amended, on 18 July 2013, by section 14 of the Crown Entities Amendment Act 2013 (2013 No 51).
Section 68(4): amended, on 18 July 2013, by section 14 of the Crown Entities Amendment Act 2013 (2013 No 51).