Crown Entities Act 2004

Establishment and governance of Crown entities - Crown entity companies - Shareholding Ministers' role

88: Shareholding Ministers' role

You could also call this:

"Ministers who help manage government-owned companies"

The shareholding Ministers oversee the Crown's interests in a Crown entity company. They manage the relationship with the company and do things they are responsible for by law. This includes appointing and removing members of the company in accordance with the Companies Act 1993.

The shareholding Ministers review the company's operations and performance under subpart 3 of Part 3. They can request information from the company under subpart 3 of Part 3 for a review or other reasons. They also help set the company's direction and monitor its performance under Part 4.

The shareholding Ministers can give directions to the company if they are allowed to by law. They can delegate some of their powers, such as requesting information under section 133, to the chief executive of a monitor. The shareholding Ministers have these roles and responsibilities, but this does not limit another Minister's relationship with the Crown entity company under other laws.

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87: Accountability of members to shareholding Ministers, or

"Members of Crown entity companies are responsible to the Government for their actions."


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88A: Monitor's role, or

"The monitor helps Ministers with their job and other tasks like managing money and giving advice."

Part 2Establishment and governance of Crown entities
Crown entity companies: Shareholding Ministers' role

88Shareholding Ministers' role

  1. The role of the shareholding Ministers is to oversee and manage the Crown's interests in, and relationship with, a Crown entity company and to exercise any statutory responsibilities given to the shareholding Ministers, including functions and powers—

  2. to appoint and remove members by shareholder resolution in accordance with the Companies Act 1993; and
    1. to review the operations and performance of the company under subpart 3 of Part 3; and
      1. to request information from the entity under subpart 3 of Part 3, whether for a review or otherwise; and
        1. to participate in the process of setting the company's strategic direction and performance expectations and monitoring the company's performance under Part 4; and
          1. to do other things under this Act or another Act or the company's constitution.
            1. The shareholding Ministers may give directions to the company only if expressly authorised to do so by this Act or another Act.

            2. This section does not limit another Minister's relationship with the Crown entity company under any other authority.

            3. Despite clause 5 of Schedule 6 of the Public Service Act 2020, the shareholding Ministers may not delegate any power under this Act except as provided in subsection (5).

            4. The shareholding Ministers may delegate the power in section 133 to request information to the chief executive of a monitor (who may subdelegate this delegation to an employee of the monitor or to an individual working for the monitor as a contractor in relation to a function, duty, or power of the monitor).

            Notes
            • Section 88(1)(d): replaced, on , by section 45 of the Crown Entities Amendment Act 2013 (2013 No 51).
            • Section 88(4): inserted, on , by section 16 of the Crown Entities Amendment Act 2013 (2013 No 51).
            • Section 88(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
            • Section 88(5): inserted, on , by section 16 of the Crown Entities Amendment Act 2013 (2013 No 51).