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Parliament Bill

Clerk and Office of the Clerk - Clerk - Appointment, functions, duties, powers, and delegations

104: Clerk requires approval of Minister of Finance to undertake certain financial activities

You could also call this:

"The Clerk needs the Minister of Finance's approval to make big financial decisions."

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If you are the Clerk, you need the Minister of Finance's written approval to do certain things with money. You need approval to borrow money, lend money, give a guarantee, or issue a public security. You also need approval to enter into a derivative, which is a special kind of financial agreement. The words 'borrow money', 'derivative', 'lend money', and 'public security' have specific meanings, as defined in the Public Finance Act 1989. These meanings are important to understand what the Clerk can and cannot do with money. You can find these definitions in section 2(1) of the Public Finance Act 1989. The Minister of Finance must give written approval before the Clerk can do these things. This is to make sure the Clerk is making responsible decisions with money. The Clerk has to follow these rules to manage money properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS817001.


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Part 5Clerk and Office of the Clerk
Clerk: Appointment, functions, duties, powers, and delegations

104Clerk requires approval of Minister of Finance to undertake certain financial activities

  1. The Clerk requires the written approval of the Minister of Finance in order to—

  2. borrow money or lend money:
    1. give a guarantee or indemnity:
      1. issue a public security:
        1. enter into a derivative.
          1. In this section, borrow money, derivative, lend money, and public security have the meanings given to them by section 2(1) of the Public Finance Act 1989.