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Crown Entities Act 2004

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

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

You could also call this:

"Changing the Final Plan for a Crown Entity"

Illustration for Crown Entities Act 2004

You can change your final statement of performance expectations at any time. You must change it if the information is false or misleading, or if something significant happens. This can be a direction from a Minister, a direction under section 107, a change in the law, or a change in your operating environment. You must make the change as soon as possible after you find out about it. You have to follow a process to change your statement of performance expectations. This means you give a draft to your Minister, they give you comments, and then you make the final change. The change must be in writing, dated, and signed by two members of your board. When it is signed, the change is final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6176683.

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

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

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149L: Obligation to publish and present statement of performance expectations, or

"Crown entities must publish and share their performance goals with the public and the government."

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

149KAmendments to final statement of performance expectations by Crown entity

  1. A Crown entity may amend its final statement of performance expectations at any time.

  2. A Crown entity must amend its final statement of performance expectations if—

  3. the information contained in the final statement of performance expectations is false or misleading in a material particular; or
    1. the intentions and undertakings in the final statement of performance expectations are significantly altered or affected by—
      1. a direction given to the Crown entity by a Minister; or
        1. 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 an 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. A Crown entity must amend its statement of performance expectations in accordance with the following process:

            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 not later than 15 working days after receiving the draft; and
                1. the entity must consider the comments (if any) and 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).

                      Notes
                      • Section 149K: inserted, on , by section 58 of the Crown Entities Amendment Act 2013 (2013 No 51).