This order, which comes into force on 24 October 2024, removes the Pacific Co-operation Foundation (the PCF) from Schedule 4 of the Public Finance Act 1989 (the Act). The effect of the order is to remove the requirement for the PCF to comply with certain sections of the Crown Entities Act 2004 as if it were a Crown entity.

For a trust not created by the Crown to be included in Schedule 4 of the Act, the Crown must have appointed, or have the power to appoint, a majority of the trustees. A trust can be removed from Schedule 4 only if it is wound up or if the Crown no longer has the power to appoint a majority of the trustees (see section 3A(2)(c) of the Act).

In August 2024, the PCF, with the agreement of the Minister of Finance and the Minister of Foreign Affairs, amended its deed of trust to remove the Crown’s power to appoint trustees. The effect of the amendment is that the PCF will be able to continue to operate as a charitable trust without additional obligations under the Crown Entities Act 2004.