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Public Audit Act 2001

Preliminary

5: Meaning of public entity

You could also call this:

"What is a public entity in New Zealand law?"

Illustration for Public Audit Act 2001

You need to know what a public entity is. A public entity can be the Crown or an office of Parliament, except when another auditor is appointed under section 45F(1)(b) of the Public Finance Act 1989. It can also be a parliamentary agency. You will find other public entities in Schedule 1 or Schedule 2. An entity can be a public entity if the Auditor-General is its auditor under another law, except section 19. A public entity can also be an entity controlled by one or more of these entities. When we say an entity is controlled, it means one entity can tell another what to do. This can happen if one entity is a subsidiary of another. It can also happen if one entity can control the board of another entity, as described in sections 7 and 8 of the Companies Act 1993. But sometimes an entity is not a public entity, even if it seems like it should be. This happens when the entity is only a public entity because of certain rules, and it is mentioned in another law that says its financial statements can be audited by someone other than the Auditor-General.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM88578.

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Part 1Preliminary

5Meaning of public entity

  1. In this Act, public entity means each of the following entities:

  2. the Crown:
    1. each office of Parliament, except where another auditor has been appointed for that office under section 45F(1)(b) of the Public Finance Act 1989:
      1. each parliamentary agency:
        1. an entity of a class described in Schedule 1:
          1. an entity listed in Schedule 2:
            1. an entity in respect of which the Auditor-General is the auditor under any other enactment (other than section 19):
              1. an entity which is controlled by 1 or more entities of the kinds referred to in paragraphs (a) to (e).

                1. For the purposes of subsection (1)(f), an entity is controlled by 1 or more other entities if—

                2. the entity is a subsidiary of any of those other entities; or
                  1. the other entity or entities together control the entity within the meaning of any relevant financial reporting standard; or
                    1. the other entity or entities can together control directly or indirectly the composition of the board of the entity within the meaning of sections 7 and 8 of the Companies Act 1993 (which, for the purposes of this paragraph, are to be read with all necessary modifications).

                      1. Despite subsections (1) and (2), an entity is not a public entity if,—

                      2. but for this subsection, it would be a public entity only by virtue of the application of both subsection (1)(f) and subsection (2)(c); and
                        1. it is specifically referred to in an enactment (either by name or otherwise); and
                          1. that enactment expressly requires or permits its financial statements to be audited by a person other than the Auditor-General.

                            Notes
                            • Section 5(1)(b): amended, on , by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).
                            • Section 5(1)(ba): inserted, on , by section 48 of the Parliament (Repeals and Amendments) Act 2025 (2025 No 63).
                            • Section 5(2)(b): amended, on , by section 12 of the Financial Reporting Amendment Act 2011 (2011 No 22).