Crown Entities Act 2004

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

149J: Amendments to final statement of performance expectations by responsible Minister

You could also call this:

"Minister can ask Crown entities to change their performance plans"

Illustration for Crown Entities Act 2004

If you are a Crown entity, the responsible Minister can tell you to change some parts of your final statement of performance expectations. The Minister can do this for most parts of the statement, but not for the forecast financial statements. When the Minister tells you to make a change, some other rules apply, which are explained in sections 113 to 115, except for section 115(2).

If the Minister tells you to make a change, you must write it down, date it, and have it signed by two members of the board, or by the sole member if you are a corporation sole. Once it is signed, the change is final. You do not have to follow the rules in section 149K when you make changes under these instructions. The change is made when you sign it, and that is the end of the process. You must follow the Minister's instructions when making the change.

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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=DLM6176682.

Topics:

Government and voting > Government departments

149I: Process for providing statement of performance expectations to responsible Minister, or

"How Crown entities give their performance plans to the Minister"

149K: Amendments to final statement of performance expectations by Crown entity, or

"Changing the Final Plan for a Crown Entity"

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

149JAmendments to final statement of performance expectations by responsible Minister

A responsible Minister for a Crown entity may direct a Crown entity to amend any provision that is included in the entity's final statement of performance expectations.
However, subsection (1) does not apply in respect of the forecast financial statements included in an entity's statement of performance expectations.
Sections 113 to 115 (other than section 115(2)) apply to a direction under subsection (1).
An amendment under this section—
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
is a final amendment when it has been signed in accordance with paragraph (a).

Section 149K does not apply to amendments made under this section.

Notes

Section 149J: inserted, on 1 July 2014, by section 58 of the Crown Entities Amendment Act 2013 (2013 No 51).