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Crown Entities Act 2004

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

115A: Review and expiry of all directions

You could also call this:

"Checking and ending minister's instructions after a certain time"

Illustration for Crown Entities Act 2004

When a minister gives a direction, it might have an expiry date. If it does not have an expiry date, the Minister must review it after a certain time. This time is either 5 years after the direction was given or 5 years after this section started.

When you review a direction, you must talk to the Crown entity it affects and other people who might be impacted. You do this to understand the situation better. You decide who to talk to based on who is affected.

After the review, you tell the Crown entity and the people you talked to about what you decided. You do this as soon as possible. This is so everyone knows what is happening.

This rule does not apply if the direction was given under a different Act that already has a way to review directions. In that case, you follow the rules of the other Act, such as the one found at the Crown Entities Amendment Act 2013.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5466960.

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

115AReview and expiry of all directions

  1. A ministerial direction under this Act or another Act may specify its expiry date.

  2. A direction that does not specify its expiry date must be reviewed by the Minister or Ministers after the later of the following:

  3. 5 years after the direction was given:
    1. 5 years after the commencement of this section.

      1. A Minister or Ministers reviewing a direction must, to the extent that they consider it necessary in the circumstances,—

      2. consult the Crown entity or entities to which the direction applies; and
        1. consult any persons that they consider are representative of the interests of persons likely to be substantially affected by the direction.

          1. As soon as practicable after completing the review, the Minister or Ministers must notify the outcome of the review to—

          2. the Crown entity or entities to which the direction applies; and
            1. persons that were consulted under subsection (3)(b).

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

              Notes
              • Section 115A: inserted, on , by section 30 of the Crown Entities Amendment Act 2013 (2013 No 51).