Crown Entities Act 2004

Operation of Crown entities - Miscellaneous provisions

135: Members, office holders, and employees are officials

You could also call this:

"Who is an official: people working for the government, including employees and board members"

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When you work for a Crown entity, you are considered an official. This includes members, office holders, and employees of certain Crown entities like statutory entities, Crown entity companies, and school boards. You are also an official if you work for a tertiary education institution.

If you work for a Crown entity as a contractor or secondee, you are treated as an employee. This rule also applies to people who used to work for a Crown entity. You are an official for the purposes of certain sections of the Crimes Act 1961, which you can find at sections 105 and 105A.

This rule does not change the meaning of official in section 99 of the Crimes Act 1961. You are still considered an official even if you do not work for the Crown entity anymore. This applies to any acts or decisions you made while working for the Crown entity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330503.


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Part 3Operation of Crown entities
Miscellaneous provisions

135Members, office holders, and employees are officials

  1. This section applies to—

  2. members, office holders, and employees of the following Crown entities:
    1. a statutory entity:
      1. a Crown entity company:
        1. a school board:
          1. a Crown entity subsidiary that is wholly owned by 1 or more Crown entities referred to in subparagraphs (i) to (iii):
          2. office holders and employees of—
            1. a tertiary education institution:
              1. a Crown entity subsidiary that is wholly owned by 1 or more tertiary education institutions or by 1 or more tertiary education institutions and 1 or more Crown entities referred to in paragraph (a)(i) to (iii).
              2. In this section, individuals working for the Crown entity as contractors or secondees in relation to a function, duty, or power of the Crown entity are to be treated as if they are employees.

              3. This section also applies to a person who was formerly a person described in subsection (1)(a) or (b) or (1A) in respect of any acts or omissions or decisions made—

              4. while that person was a person described in subsection (1)(a) or (b) or (1A); and
                1. after the commencement of this subsection.
                  1. A person to whom this section applies is an official for the purposes of sections 105 and 105A of the Crimes Act 1961.

                  2. This section does not limit the meaning of official in section 99 of the Crimes Act 1961.

                  Notes
                  • Section 135(1)(a)(iii): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
                  • Section 135(1A): inserted, on , by section 34 of the Crown Entities Amendment Act 2013 (2013 No 51).
                  • Section 135(1B): inserted, on , by section 34 of the Crown Entities Amendment Act 2013 (2013 No 51).