New Zealand Legislation: Acts

21 Application of Crown Entities Act 2004 to DHBs

• (1) Each DHB is a Crown entity owned by the Crown for the purposes of section 7 of the Crown Entities Act 2004.

  (2) The Crown Entities Act 2004 applies to each DHB except to the extent that this Act expressly provides otherwise.

  (3) As provided elsewhere in this Act, the following sections of the Crown Entities Act 2004 do not apply to DHBs, or their boards, board members, committee members or employees:

  • (a) section 38 (removal of elected members):

  • (b) section 60(1) (applications by board members to restrain action):

  • (c) sections 62 to 72 (conflicts of interest):

  • (d) sections 73 to 76 (delegations):

  • (e) section 78 (provisions in Schedule 5):

  • (f) section 96 (acquisition of subsidiaries):

  • (g) section 100 (acquisition of shares or other interests):

  • (h) sections 116 and 117 (employment of employees and chief executives):

  • (i) sections 120 to 126 (immunities, indemnities, and insurance):

  • (j) section 161 (in relation to shares and interests covered by section 28):

  • (k) section 170(1) (in relation to any outputs covered by a Crown funding agreement):

  • (l) Schedule 5 (board procedure for statutory entities).

  Section 21 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).