Conflict of interest disclosure rules

62 When interests must be disclosed

(1)

In this section, matter means—

(a)

a statutory entity’s performance of its functions or exercise of its powers; or

(b)

an arrangement, agreement, or contract made or entered into, or proposed to be entered into, by the entity.

(2)

A person is interested in a matter if he or she—

(a)

may derive a financial benefit from the matter; or

(b)

is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or

(c)

may have a financial interest in a person to whom the matter relates; or

(d)

is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or

(e)

may be interested in the matter because the entity’s Act so provides; or

(f)

is otherwise directly or indirectly interested in the matter.

(3)

However, a person is not interested in a matter—

(a)

only because he or she is a member or an officer of a wholly-owned subsidiary of the entity or of a multi-parent subsidiary of the entity and 1 or more other Crown entities; or

(b)

because he or she receives an indemnity, insurance cover, remuneration, or other benefits authorised under this Act or another Act; or

(c)

if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or her responsibilities under this Act or another Act; or

(ca)

only because he or she has past or current involvement in the relevant sector, industry, or practice; or

(d)

if an entity’s Act provides that he or she is not interested, despite this section.

Section 62(2)(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 62(3)(a): amended, on 18 July 2013, by section 12(1) of the Crown Entities Amendment Act 2013 (2013 No 51).

Section 62(3)(ca): inserted, on 18 July 2013, by section 12(2) of the Crown Entities Amendment Act 2013 (2013 No 51).