Crown Entities Act 2004

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

113: Safeguarding independence of Crown entities

You could also call this:

"The government can't control some decisions made by Crown entities to keep them independent."

This Act does not let a Minister tell a Crown entity what to do when it comes to making certain decisions. You are protected from being told what to do in relation to a statutorily independent function, which is a job that the law says must be done independently. This means a Minister cannot require a Crown entity to do or not do something that affects a particular person or group of people.

The law also says that this Act does not change how some jobs are done under the rules of a Crown entity's own Act. This includes jobs that must be done independently, as well as jobs that involve making decisions like a judge.

This rule applies to all directions that a Minister can give under this Act, including directions under section 107.

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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=DLM330361.

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112: Power to add functions if authorised by entity's Act or constitution, or

"A Minister can give a Crown entity new jobs if its rules or the law say it's okay."

114: Crown entities must comply with directions given under statutory power of direction, or

"Crown entities must follow the rules and directions given to them by the government."

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

113Safeguarding independence of Crown entities

This Act does not authorise a Minister to direct a Crown entity, or a member, employee, or office holder of a Crown entity,—
in relation to a statutorily independent function; or
requiring the performance or non-performance of a particular act, or the bringing about of a particular result, in respect of a particular person or persons.

This Act does not change the way in which the following functions must be carried out under an entity's Act:
statutorily independent functions in an entity's Act; or
functions that are carried out by a person acting judicially in relation to a particular matter in accordance with an entity's Act.

This section applies to all Ministerial directions given under this Act, including directions under section 107.

Notes

Section 113(3): amended, on 18 July 2013, by section 26 of the Crown Entities Amendment Act 2013 (2013 No 51).