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Crown Entities Act 2004

Crown entity reporting and financial obligations - Reporting obligations - Planning: statement of intent

148: Amendments to final statement of intent by Crown entity

You could also call this:

"A Crown entity can change its plans if they are wrong or have changed, and must follow a set process to do so."

If you are a Crown entity, you can change your final statement of intent. You must change your statement of intent if the information in it is false or misleading, or if your intentions and undertakings have changed significantly. This can happen because of a direction from a Minister or a direction under section 107, a change in the law, or a change in your operating environment.

When you change your statement of intent, you must follow a certain process. You must give a draft of the change to your responsible Minister, and they must give you their comments within 15 working days. You must then think about their comments and give the final change to your Minister as soon as possible.

If you change your statement of intent, the change must be in writing, dated, and signed by two members of your board. The change comes into effect when you give it to your Minister. Instead of changing your statement of intent, you can also give your Minister a new statement of intent that meets the requirements of sections 139 and 141, as outlined under section 146.

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147: Amendments to final statement of intent by responsible Minister, or

"The Minister can ask a Crown entity to change its plans and the entity must follow the instructions."

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149: Obligation to publish and present statement of intent, or

"Crown entities must share their plans with the public by publishing a statement of intent."

Part 4Crown entity reporting and financial obligations
Reporting obligations: Planning: statement of intent

148Amendments to final statement of intent by Crown entity

  1. A Crown entity may amend its final statement of intent.

  2. A Crown entity must amend its statement of intent if—

  3. the information contained in the statement of intent is false or misleading in a material particular; or
    1. the intentions and undertakings in the statement of intent are significantly altered or affected by—
      1. a direction given to the Crown entity by a Minister or by a direction under section 107; or
        1. any change in the law; or
          1. any other change in the entity's operating environment.

          2. The Crown entity must make the amendment required under subsection (2) as soon as practicable after the entity becomes aware of the facts that give rise to the obligation to amend under this section.

          3. The following process applies to an amendment under subsection (1) or (2):

          4. the Crown entity must provide a draft amendment to its responsible Minister; and
            1. the responsible Minister must provide to the entity any comments that he or she may have no later than 15 working days after receiving the draft; and
              1. the entity must consider the comments (if any) and must provide the final amendment to its responsible Minister as soon as practicable.

                  1. An amendment under this section—

                  2. must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
                    1. is a final amendment when it has been signed in accordance with paragraph (a).

                      1. A final amendment under this section is in force from the date on which it is provided to the responsible Minister.

                      2. A Crown entity may, instead of amending its final statement of intent, provide to its responsible Minister under section 146 a new statement of intent that complies with sections 139 and 141.

                      Notes
                      • Section 148 heading: amended, on , by section 57(1) of the Crown Entities Amendment Act 2013 (2013 No 51).
                      • Section 148(1): amended, on , by section 57(2) of the Crown Entities Amendment Act 2013 (2013 No 51).
                      • Section 148(2)(b)(i): amended, on , by section 35 of the Crown Entities Amendment Act 2013 (2013 No 51).
                      • Section 148(4): amended, on , by section 57(3) of the Crown Entities Amendment Act 2013 (2013 No 51).
                      • Section 148(4)(b): amended, on , by section 57(4) of the Crown Entities Amendment Act 2013 (2013 No 51).
                      • Section 148(4)(c): amended, on , by section 57(5) of the Crown Entities Amendment Act 2013 (2013 No 51).
                      • Section 148(4)(d): repealed, on , by section 57(6) of the Crown Entities Amendment Act 2013 (2013 No 51).
                      • Section 148(5): inserted, on , by section 57(7) of the Crown Entities Amendment Act 2013 (2013 No 51).
                      • Section 148(6): inserted, on , by section 57(7) of the Crown Entities Amendment Act 2013 (2013 No 51).
                      • Section 148(7): inserted, on , by section 57(7) of the Crown Entities Amendment Act 2013 (2013 No 51).