Schedule 4 Application of Crown Entities Act 2004 to tertiary education institutions

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Part 1 Provisions relating to all tertiary education institutions

Schedule 4 Part 1 heading: inserted, on 1 April 2020, by section 78(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

SectionBrief description
Section 3 to 8Crown entities and categories
Section 10Interpretation
Section 119Cross reference to Public Service Act 2020, clauses 12 to 14 of Schedule 8
Section 131(2)Application of Official Information Act 1982 and Ombudsmen Act 1975
Section 135 (but only in respect of office holders and employees of tertiary education institutions and Crown entity subsidiaries)Officials for the purposes of sections of the Crimes Act 1961
Section 136Interpretation for Part 4
Section 137Application of subpart 2 of Part 4
Section 154, as modified by the Education and Training Act 2020, section 306(2)–(5), in Schedule 6Financial statements
Section 155, as modified by the Education and Training Act 2020, section 306(3)(a)Statement of responsibility for financial statements
Section 156, as modified by the Education and Training Act 2020, section 306(5)Audit report
Section 156A, as modified by the Education and Training Act 2020, section 306(3)(b)Application of subpart 2 of Part 4 to Crown entity groups
Section 156BMinister of Finance may require additional reporting
Section 157AOther multi-parent subsidiaries
Section 306 Education and Training Act 2020Inclusion of financial statements in annual report
Section 306 Education and Training Act 2020Laying before House of Representatives of financial statements
Section 167Gifts
Section 168(1) and (2)Accounting records
Sections 171(1)(b) and (2) and 172Offences and penalties
Section 176Application of provisions of the Public Finance Act 1989
Section 178Application of Archives Act 1957
Sections 181, 188, 191, 193, 194, 198, 199, 200Transitional and savings provisions and associated consequential amendments

Schedule 4 Part 1: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Schedule 4 Part 1: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Schedule 4 Part 1: amended, on 29 October 2016, by section 109(1) of the Education Legislation Act 2016 (2016 No 72).

Part 2 Additional provisions that apply to New Zealand Institute of Skills and Technology

Schedule 4 Part 2: inserted, on 1 April 2020, by section 78(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section Brief description
Section 37Removal of members of autonomous Crown entities
Section 38Removal of elected members of Crown agents and autonomous Crown entities
Section 40Definition of just cause
Section 41Process for removal
Section 43No compensation for loss of office
Sections 44 and 45Resignation of members and members ceasing to hold office
Sections 47 and 48Remuneration and expenses of members
Sections 49 to 52Collective duties of board
Sections 53 to 57Individual duties of members
Sections 58 to 61Effect of non-compliance with duties and reliance on information and advice
Sections 73 to 76Delegation
Section 77Vacancies in membership of board
Sections 96 to 102Crown entity subsidiaries
Sections 120 to 126Liability of members, office holders, and employees
Sections 127 to 130Dealings with third parties
Sections 138 to 149AStatement of intent
Sections 149B to 149MStatement of performance expectations
Sections 150 to 156Reporting: annual reports
Section 158Bank accounts of Crown entities