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Crown Entities Act 2004

Operation of Crown entities - Provisions applying generally to Crown entities - Directions to statutory entities and Crown entity companies

108: Process for giving directions under section 107

You could also call this:

"How Ministers give important instructions to some organisations"

Illustration for Crown Entities Act 2004

When Ministers want to give a direction under section 107, they must talk to the entities that will be affected. You will be told about this if you are part of one of these entities. Ministers also need to talk to people who will be impacted by the direction, such as those who represent the interests of people who will be substantially affected. Ministers must do this before they give the direction, if they think it is necessary. They will consider the circumstances when deciding what to do.

After Ministers give a direction under section 107, they must notify the entities that will be affected. You will be told when the direction will start, but this is subject to section 109. Ministers must also present the direction to the House of Representatives as soon as possible. This is what Ministers have to do after giving a direction.

This process is also subject to section 113, which means that section 113 has some rules that apply to this process. You can find more information about this in section 113. Ministers have to follow these rules when giving directions under section 107.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330356.

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Part 3Operation of Crown entities
Provisions applying generally to Crown entities: Directions to statutory entities and Crown entity companies

108Process for giving directions under section 107

  1. The Ministers must, before giving a direction under section 107, to the extent that the Ministers consider necessary in the circumstances,—

  2. consult with those entities to which the direction is proposed to apply; and
    1. consult with persons that the Ministers consider are representative of the interests of persons likely to be substantially affected by the proposed direction.

      1. The Ministers must, as soon as practicable after giving a direction under section 107,—

      2. notify the entities to which the direction will apply that the direction has been given and will come into force subject to section 109; and
        1. present the direction to the House of Representatives.

          1. This section is subject to section 113.

          Notes
          • Section 108 heading: amended, on , by section 22 of the Crown Entities Amendment Act 2013 (2013 No 51).