Crown Entities Act 2004

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

71: Onus of proving fair value

You could also call this:

"Proving a deal is fair if there's a conflict of interest"

When you know about a conflict of interest, you have to prove something was a fair deal if you want to stop it from being cancelled. You have to show that the price was fair if you knew about the person's interest at the time of the deal. If you did not know about the interest, the organisation has to prove they did not get a fair deal.

If you want to see how this rule compares to another law, you can look at s 141(5). You can use this to help you understand the rules about conflicts of interest. This law is important for organisations to follow so they can make fair decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330305.


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70: What is fair value, or

"What makes a deal fair when doing business as usual?"


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72: Effect of avoidance on third parties, or

"You keep what you bought if you paid for it fairly and didn't know it was problematic."

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

71Onus of proving fair value

  1. A person seeking to prevent an act being avoided, and who knew, or ought reasonably to have known, of the member's interest at the time the act was done, has the onus of establishing fair value.

  2. In any other case, the entity has the onus of establishing that it did not receive fair value.

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