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Crown Entities Act 2004

Operation of Crown entities - Provisions applying generally to Crown entities - Government directions to Crown entities

115: Procedure for ministerial directions on government policy

You could also call this:

"How Ministers give instructions to government organisations"

Illustration for Crown Entities Act 2004

When a Minister wants to give a direction to a Crown entity, they must talk to the entity first. You need to know that the Minister has to publish the direction in the Gazette and give a copy to the House of Representatives as soon as possible. The Minister can change or replace the direction in the same way they gave it.

If a Minister gives a direction, they can also cancel it by sending a notice in writing to the entity. After cancelling the direction, the Minister must publish the notice in the Gazette. This process does not apply to directions given under section 107, or if another Act has its own procedure for giving directions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330364.

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

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Part 3Operation of Crown entities
Provisions applying generally to Crown entities: Government directions to Crown entities

115Procedure for ministerial directions on government policy

  1. A Minister who proposes to give a direction to a Crown entity under this Act, the entity's Act, or another Act must consult with the Crown entity before giving the direction to the entity.

  2. As soon as practicable after giving the direction, a Minister must—

  3. publish it in the Gazette; and
    1. present a copy of it to the House of Representatives.

      1. The direction may be amended or replaced in the same way as it may be given.

      2. A Minister who is entitled to give a direction to a Crown entity is also entitled to revoke it by notice in writing to the entity, and, as soon as practicable after doing so, the Minister must publish that notice in the Gazette.

      3. This section does not apply to directions under section 107.

      4. This section does not apply, in the case of directions given under another Act, if the other Act contains a procedure for giving directions.

      Notes
      • Section 115 heading: replaced, on , by section 29(1) of the Crown Entities Amendment Act 2013 (2013 No 51).
      • Section 115(3): amended, on , by section 29(2) of the Crown Entities Amendment Act 2013 (2013 No 51).
      • Section 115(3A): inserted, on , by section 29(3) of the Crown Entities Amendment Act 2013 (2013 No 51).
      • Section 115(4): amended, on , by section 29(4) of the Crown Entities Amendment Act 2013 (2013 No 51).