Crown Entities Act 2004

Establishment and governance of Crown entities - Crown entity subsidiaries - Formation and shareholding of Crown entity subsidiaries

97: Subsidiaries: rules applying to all Crown entities

You could also call this:

"Rules for Crown entities to control their subsidiaries"

If you are a Crown entity, you must make sure your subsidiaries follow certain rules. You must ensure they do not do anything you are not allowed to do yourself. They must also act in a way that is consistent with your objectives and plans.

You need to make sure they only use their powers to help you do your job, and they must not break any laws that apply to them. If you get a direction from someone, you must make sure your subsidiaries follow it if it applies to them.

Your subsidiaries must not pay their directors for leaving their job, and they must not do any of your jobs that are supposed to be independent. They must have their own rules and follow the same employment laws as you. They also cannot have a member of Parliament as a member. You can find more information about changes to these rules in the Crown Entities Amendment Act 2013.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330342.


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96: Acquisition of subsidiaries, or

"Crown entities must follow rules when buying or creating a new subsidiary company."


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98: Subsidiaries: rules applying only to statutory entities, or

"Rules for statutory entities to manage their subsidiaries correctly"

Part 2Establishment and governance of Crown entities
Crown entity subsidiaries: Formation and shareholding of Crown entity subsidiaries

97Subsidiaries: rules applying to all Crown entities

  1. A Crown entity (the parent) must ensure, to the extent that it is reasonably able to do so, that each of its Crown entity subsidiaries—

  2. does not do anything that the parent itself does not have the power to do; and
    1. acts consistently with the parent's objectives and current statement of intent (to the extent they relate to the subsidiary); and
      1. exercises its powers only for the purpose of performing, or assisting the parent to perform, the parent's functions; and
        1. does not contravene this Act or the entity's Act (if any) to the extent that it relates to a subsidiary; and
          1. complies with a direction given to the parent (to the extent that it relates to the subsidiary); and
            1. does not pay directors of the subsidiary any compensation or other payment or benefit, on any basis, for ceasing for any reason to hold office; and
              1. does not perform any of the parent's statutorily independent functions; and
                1. has a constitution and that the constitution contains a statement to the effect that the company is a Crown entity for the purposes of this Act; and
                  1. complies with the statutory requirements as to employees that apply to the parent; and
                    1. does not have a member of Parliament as a member.
                      Notes
                      • Section 97: amended, on , by section 18 of the Crown Entities Amendment Act 2013 (2013 No 51).