10 Interpretation

(1)

In this Act, unless the context otherwise requires,—

appoint includes,—

(a)

in relation to a member, appointment of the member in accordance with the method in section 28 or, in relation to a chairperson or deputy chairperson, appointment in accordance with Schedule 5; or

(b)

appointment by any other person, by election, by designation, by co-option, or by any other method in or under the entity’s Act or constitution

autonomous Crown entity means a statutory entity named in Part 2 of Schedule 1

board

(a)

means, in relation to a statutory entity that has a board or other governing body under the entity’s Act (by whatever name called), members of the entity’s board who number not less than the required quorum acting together as a board; and

(b)

means, in relation to a statutory entity that does not have a board or other governing body under the entity’s Act, persons who constitute the entity and who number not less than the required quorum acting together; and

(c)

means, in relation to a corporation sole, the person who is the sole member of that entity; and

(d)

in relation to a Crown entity company and Crown entity subsidiary, has the same meaning as in section 127 of the Companies Act 1993; and

(e)

means, in relation to a school board of trustees, the persons who comprise that board and who number not less than the required quorum acting together; and

(f)

means, in relation to a tertiary education institution, the members of its Council who number not less than the required quorum acting together

borrow has the meaning set out in section 136

class of outputs or class has the meaning set out in section 136

committee means a committee appointed under clause 14 of Schedule 5

committee member means a member of a committee

Crown agent means a statutory entity named in Part 1 of Schedule 1

Crown entity has the meaning set out in section 7(1)

Crown entity company has the meaning set out in column 2 of section 7(1)(b)

Crown entity group has the meaning set out in section 136

Crown entity subsidiary has the meaning given in the second column of section 7(1)(c)

direction means a direction given by a Minister under this Act or the entity’s Act to an entity or to a member or employee or office holder of an entity (for example, a direction on government policy, a direction to perform an additional function, or a direction relating to the entity’s statement of intent)

employee

(a)

includes the chief executive of a Crown entity (by whatever name called) other than for the process of determining terms and conditions in sections 97(i) and 116; and

(b)

has, for the purposes of sections 120 to 125, the meaning set out in section 126

entity’s Act means,—

(a)

in relation to a statutory entity,—

(i)

the Act by or under which the statutory entity is established; and

(ii)

if relevant, any other Act that expressly provides for the functions, powers, or duties of the entity (other than this Act); and

(b)

in relation to a Crown entity company, the Act (if any) that specifically provides for the formation or shareholding of the Crown entity company by Ministers or for its governance, operation, or accountability (but does not include a generic Act, like the Companies Act 1993 or this Act); and

(c)

in relation to a Crown entity subsidiary, the entity’s Act of its parent Crown entity; and

(d)

in relation to a school board of trustees or a tertiary education institution, the Education Act 1989 or the Education Act 1964

excluded act or omission, for the purposes of sections 120 to 126, has the meaning set out in section 126

fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest, including statutory entities and their subsidiaries and tertiary education institutions

financial year has the meaning set out in section 136

function,—

(a)

in relation to a statutory entity, has the meaning set out in section 14:

(b)

in relation to any other Crown entity—

(i)

means a function (by whatever name called) to be performed by the Crown entity under the entity’s Act or another Act; and

(ii)

includes any additional function given to the entity by a Minister under another Act in accordance with section 112 of this Act; and

(iii)

includes, in relation to a Crown entity company or a Crown entity subsidiary, its rights, powers, duties, and obligations under its constitution and the Companies Act 1993 or any functions given to it by a Minister under its constitution in accordance with section 112 of this Act; and

(iv)

includes, in relation to a Crown entity that does not have an entity’s Act, any functions provided for in its statement of intent; and

(v)

includes any functions that are incidental and related to, or consequential on, its functions in subparagraphs (i) to (iv)

generally accepted accounting practice has the meaning set out in section 136

independent Crown entity means a statutory entity named in Part 3 of Schedule 1

interested or interests has the meaning set out in section 62

member

(a)

means, in relation to a statutory entity that has a board or other governing body under the entity’s Act, a person who occupies the position of member of the board of the entity (by whatever name called); and

(b)

means, in relation to a statutory entity that does not have a board or other governing body under the entity’s Act, a person who is one of the persons who constitute that entity; and

(c)

means, in relation to a corporation sole, the person who is the sole member of that entity; and

(d)

means, in relation to a Crown entity company and Crown entity subsidiary, a director within the meaning of section 126(1)(a) of the Companies Act 1993; and

(e)

means, in relation to a school board of trustees, a trustee; and

(f)

means, in relation to a tertiary education institution, a member of its Council; and

(g)

has, for the purposes of sections 120 to 125, the meaning set out in section 126; and

(h)

except to the extent that the entity’s Act otherwise provides, includes any person appointed or elected under another Act as an alternate member, a deputy member, a co-opted member, a designate for a member, or an acting member

Minister means a Minister of the Crown

monitor means, in relation to a monitored Crown entity, 1 or more of the following that performs the role described in section 27A or 88A:

(a)

a department (within the meaning of that term in the Public Finance Act 1989):

(b)

another Crown entity

multi-parent subsidiary has the meaning given in section 7A

natural person act has the meaning set out in section 24

output agreement means an agreement referred to in section 170

outputs has the meaning set out in section 136

parent Crown entity or parent has the meaning set out in section 8

responsible Minister means,—

(a)

in relation to a Crown entity company, the Minister of Finance and the other shareholding Minister or Ministers; and

(b)

in relation to any other Crown entity (other than a Crown entity subsidiary or a tertiary education institution),—

(i)

a Minister who is expressly specified, in an Act or a warrant or with the authority of the Prime Minister, to be a Minister who is for the time being responsible for the exercise and performance of the functions, powers, and duties of a responsible Minister in relation to the entity; or

(ii)

if subparagraph (i) does not apply, a Minister who is for the time being responsible, under the authority of an Act or a warrant or with the authority of the Prime Minister, for the administration of the Act, or Part of the Act, by or under which the entity is established; and

(c)

in relation to a Crown entity subsidiary, a responsible Minister of the parent Crown entity of that Crown entity subsidiary

school board of trustees has the meaning set out in section 7(1)(d)

shareholding Ministers means the Ministers who hold shares in a Crown entity company under section 79

statutorily independent function means, in relation to a Crown entity or a member, employee, or office holder of a Crown entity, any matter in respect of which the entity’s Act provides that—

(a)

the function must be carried out independently; or

(b)

Ministers of the Crown may not give directions

statutory entity has the meaning set out in column 2 of section 7(1)(a)

tertiary education institution has the meaning set out in section 7(1)(e).

(2)

In this Act, unless the context otherwise requires, references to a person performing functions and exercising powers, or carrying out responsibilities, includes carrying out duties.

Section 10(1) Crown entity subsidiary: replaced, on 18 July 2013, by section 7(1) of the Crown Entities Amendment Act 2013 (2013 No 51).

Section 10(1) monitor: inserted, on 18 July 2013, by section 7(2) of the Crown Entities Amendment Act 2013 (2013 No 51).

Section 10(1) multi-parent subsidiary: replaced, on 18 July 2013, by section 7(3) of the Crown Entities Amendment Act 2013 (2013 No 51).

Section 10(1) parent Crown entity or parent: amended, on 18 July 2013, by section 7(4) of the Crown Entities Amendment Act 2013 (2013 No 51).