7 Meaning of Crown entity and categories of Crown entities

(1)

In this Act, Crown entity means an entity within one of the following 5 categories:

(a)

statutory entities:

What are they?DefinitionDifferent types

These are bodies corporate that are established by or under an Act

An entity or office named in Schedule 1

Crown agents (which must give effect to government policy when directed by the responsible Minister). These are named in Part 1 of Schedule 1

Autonomous Crown entities (which must have regard to government policy when directed by the responsible Minister). These are named in Part 2 of Schedule 1

Independent Crown entities (which are generally independent of government policy). These are named in Part 3 of Schedule 1

(b)

Crown entity companies:

What are they?Definition

These are companies incorporated under the Companies Act 1993 that are wholly owned by the Crown

A company named in Schedule 2

(c)

Crown entity subsidiaries:

What are they?Definition

These are companies incorporated under the Companies Act 1993 that are controlled by Crown entities

A company that is—

(a)

a subsidiary of another Crown entity under sections 5 to 8 of the Companies Act 1993; or

(b)

a multi-parent subsidiary of 2 or more Crown entities

(d)

school boards of trustees:

What are they?Definition

These are boards that are bodies corporate constituted under the Education Act 1989 (including correspondence schools)

A body that is a board of trustees constituted under Part 9 of the Education Act 1989 and includes a board of a school designated as a correspondence school by the Minister of Education under section 152 of the Education Act 1989

(e)

tertiary education institutions:

What are they?Definition

These are tertiary institutions (for example, colleges of education, polytechnics, specialist colleges, universities, or wananga) that are bodies corporate established under the Education Act 1989

An institution established under Part 14 of the Education Act 1989

(1A)

Despite section 5(3) of the Companies Act 1993, a Crown entity subsidiary must be a company incorporated under that Act.

(2)

The words in brackets in subsection (1) about the effect of the different types of statutory entities are intended only as a guide.

Section 7(1)(c): amended, on 18 July 2013, by section 4(1) of the Crown Entities Amendment Act 2013 (2013 No 51).

Section 7(1A): inserted, on 18 July 2013, by section 4(2) of the Crown Entities Amendment Act 2013 (2013 No 51).