Crown entity
A Crown entity (from the Commonwealth term Crown) is an organisation that forms part of New Zealand's state sector established under the Crown Entities Act 2004,[1] a unique umbrella governance and accountability statute. The Crown Entities Act is based on the corporate model where the governance of the organisation is split from the management of the organisation.
Types of crown entities
Crown entities come under the following types:
- Statutory entities – bodies corporate established under an Act
- Crown agents – organisations that give effect to government policy, such as the Accident Compensation Corporation, which administers no-fault workers compensation
- Autonomous Crown entities (ACE), which must have regard to government policy, such as Te Papa, the national museum
- Independent Crown entities (ICE), which are generally independent of government policy, such as the Commerce Commission, which enforces legislation promoting competition
- Crown entity companies – registered companies wholly owned by the Crown, including Crown Research Institutes (CRIs) and a small number of other companies
- Crown entity subsidiaries – companies that are subsidiaries of Crown entities
- School boards of trustees
- Tertiary education institutions, including universities, colleges of education, polytechnics, and wānanga
Crown entities can be contrasted with other New Zealand public sector organisational forms: departments of state, state-owned enterprises, offices of Parliament and sui generis organisations like the Reserve Bank.
Crown entities, responsible ministers and monitoring departments
Under the Crown Entities Act, ministers are required to "oversee and manage" the Crown's interests in the Crown entities within their portfolio (sections 27 and 88). The board of the entity has the key role in ensuring the entity is achieving results within budget. This is done by a monitoring department on behalf of the minister unless other arrangements for monitoring are made. Monitoring departments make explicit agreements with their minister, setting out what monitoring they will undertake and how they will do it. Crown entity boards should also facilitate clear and transparent monitoring, for example, by providing the minister and monitoring department with good information on which to make judgements about performance.[2]
This table is based on one from the State Services Commission.[3]
| Responsible minister(s) | Crown entities | Monitoring department(s) | Category / type | Empowering legislation |
|---|---|---|---|---|
| ACC | Accident Compensation Corporation | Labour | Crown agent | Injury Prevention, Rehabilitation, and Compensation Act 2001 (Part 7/Sched 5) |
| Arts, Culture and Heritage | Arts Council of New Zealand Toi Aotearoa | Culture and Heritage | ACE | Arts Council of New Zealand Toi Aotearoa Act 1994 (Part 1) |
| Arts, Culture and Heritage | Museum of New Zealand Te Papa Tongarewa Board | Culture and Heritage | ACE | Museum of New Zealand Te Papa Tongarewa Act 1992 (Part 1 and Schedule 1) |
| Arts, Culture and Heritage | New Zealand Film Commission | Culture and Heritage | ACE | New Zealand Film Commission Act 1978 |
| Arts, Culture and Heritage | Heritage New Zealand (Pouhere Taonga) | Culture and Heritage | ACE | Heritage New Zealand Pouhere Taonga Act 2014 |
| Arts, Culture and Heritage | New Zealand Symphony Orchestra | Culture and Heritage | ACE | New Zealand Symphony Orchestra Act 2004 (Part 2 and Schedule 1) |
| Broadcasting | Broadcasting Commission (New Zealand On Air) | Culture and Heritage | ACE | Broadcasting Act 1989 (Part 4 and Schedule 1) |
| Broadcasting | Broadcasting Standards Authority | Culture and Heritage | ICE | Broadcasting Act 1989 (Part 3 and Schedule 1) |
| Broadcasting and Finance (2) | Radio New Zealand Limited | CCMAU / Culture and Heritage and Treasury | CEC | Radio New Zealand Act 1995 |
| Broadcasting and Finance (2) | Television New Zealand Limited | CCMAU / Culture and Heritage and Treasury | CEC | Television New Zealand Act 2003 |
| Commerce | Accounting Standards Review Board | Economic Development | ICE | Financial Reporting Act 1993 (Part 3 and Schedule 1) |
| Commerce | Commerce Commission | Economic Development | ICE | Commerce Act 1986 (Part 1) |
| Commerce | Securities Commission | Economic Development | ICE | Securities Act 1978 (Part 1) |
| Commerce | Standards Council | Economic Development | ACE | Standards Act 1988 |
| Commerce | Takeovers Panel | Economic Development | ICE | Takeovers Act 1993 (Part 1 and Schedule) |
| Commerce | Testing Laboratory Registration Council | Economic Development | ACE | Testing Laboratory Registration Act 1972 |
| Community and Voluntary Sector | Charities Services | Internal Affairs | ACE | Charities Act 2005 (Part 1) |
| CRIs and Finance (2) | Crown research institutes (9) | CCMAU and Treasury | CEC | Crown Research Institutes Act 1992 |
| Economic Development and Finance (2) | New Zealand Venture Investment Fund Limited | CCMAU and Treasury | CEC | None (company constitution) |
| Education | New Zealand Qualifications Authority | Education | Crown agent | Education Act 1989 (Part 20) |
| Education | New Zealand Teachers Council | Education | ACE | Education Act 1989 (Part 10A) |
| Education | School boards of trustees (2,474) | Education | School BoTs | Education Act 1989 (Parts 7, 7A, 8, 9 and 12 and Schedules 5A and 6) |
| Energy | Electricity Authority | Economic Development | Crown agent | Electricity Act 1992 (Part 15) |
| Energy | Energy Efficiency and Conservation Authority | Environment | Crown agent | Energy Efficiency and Conservation Act 2000 (and Schedule) |
| Environment | Environmental Protection Authority | Environment | ACE | Environmental Protection Authority Act 2011 (the EPA Act) |
| Finance | Earthquake Commission | Treasury | Crown agent | Earthquake Commission Act 1993 (Part 1 and Schedule 1) |
| Finance | Government Superannuation Fund Authority | Treasury | ACE | Government Superannuation Fund Act 1956 (Part 1 and Schedule 4) |
| Finance | Guardians of New Zealand Superannuation | Treasury | ACE | New Zealand Superannuation and Retirement Income Act 2001 (Part 2 and Schedule 3) |
| Finance[4] | New Zealand Productivity Commission | Treasury | ICE | New Zealand Productivity Commission Act, 2010 |
| Foreign Affairs | New Zealand Antarctic Institute | Foreign Affairs and Trade | Crown agent | New Zealand Antarctic Institute Act 1996 (Part 1 and Schedule 1) |
| Health | Alcohol Advisory Council of New Zealand | Health | ACE | Alcohol Advisory Council Act 1976 |
| Health | Crown Health Financing Agency | Health | Crown agent | New Zealand Public Health and Disability Act 2000 (Part 4 and Schedule 6) |
| Health | District health boards (21) | Health | Crown agent | New Zealand Public Health and Disability Act 2000 (Part 3 and Scheds 2 and 3) |
| Health | Health and Disability Commissioner | Health | ICE | Health and Disability Commissioner Act 1994 (Part 1 and Schedule 2) |
| Health | Health Research Council of New Zealand | Health | Crown agent | Health Research Council Act 1990 (Part 1 and Schedule 1) |
| Health | Health Sponsorship Council | Health | Crown agent | Smoke-free Environments Act 1990 (Part 3) |
| Health | Mental Health Commission | Health | ACE | Mental Health Commission Act 1998 (Schedule 1) |
| Health | New Zealand Blood Service | Health | Crown agent | New Zealand Public Health and Disability Act 2000 (Part 4 and Schedule 6) |
| Health | Pharmaceutical Management Agency | Health | Crown agent | New Zealand Public Health and Disability Act 2000 (Part 4 and Schedule 6) |
| Housing and Finance (2) | Housing New Zealand | Building and Housing / Treasury | Crown agent | Housing Corporation Act 1974 (Part 1 and Schedule 1A) |
| Industry and Regional Development, and Trade (2) | New Zealand Trade and Enterprise | Economic Development, and Foreign Affairs and Trade | Crown agent | New Zealand Trade and Enterprise Act 2003 (Part 2) |
| Internal Affairs | Fire and Emergency New Zealand Board | Internal Affairs | Crown agent | Fire and Emergency New Zealand Act 2017 (Part 1) |
| Internal Affairs | New Zealand Lotteries Commission | CCMAU | ACE | Gambling Act 2003 (Part 3, Subpart 2, and Schedule 4) |
| Internal Affairs | Office of Film and Literature Classification | Internal Affairs | ICE | Films, Videos, and Publications Classification Act 1993 (Part 6 and Schedule 1) |
| Justice | Electoral Commission | Justice | ICE | Electoral Act 1993 (Part 1 and Schedule 1) |
| Justice | Human Rights Commission | Justice | ICE | Human Rights Act 1993 (Part 1 and Schedule 1) |
| Justice | Independent Police Complaints Authority | Justice | ICE | Independent Police Complaints Authority Act 1988 |
| Justice | Privacy Commissioner | Justice | ICE | Privacy Act 2020 (Part 2) |
| Justice | Real Estate Authority | Justice | Crown agent | Real Estate Agents Act 2008 (Part 2) |
| Justice | Law Commission | Justice | ICE | Law Commission Act 1985 (and Schedule 1) |
| Maori Affairs | Te Reo Whakapuaki Irirangi (Te Mangai Paho) | TPK (Maori Development) | ACE | Broadcasting Act 1989 (Part 4A and Schedule 1) |
| Maori Affairs | Te Taura Whiri I te Reo Maori (Maori Language Commission) | TPK (Maori Development)) | ACE | Maori Language Act 1987 (and Schedule 2) |
| Public Trust and Finance (2) | Public Trust | CCMAU / Justice and Treasury | ACE | Public Trust Act 2001 (Part 2) |
| Research, Science and Technology | Foundation for Research, Science and Technology | MoRST | Crown agent | Foundation for Research, Science and Technology Act 1990 (and Schedule 1) |
| Social Development and Employment | Children's Commissioner | Social Development | ICE | Children's Commissioner Act 2003 (and Schedule 1) |
| Social Development and Employment | Social Policy Evaluation and Research Unit (Superu) | Social Development | ACE | Families Commission Act 2003 (Part 1), Families Commission Amendment Act 2014 |
| Social Development and Employment | New Zealand Artificial Limb Board | Social Development | ACE | Social Welfare (Transitional Provisions) Act 1990 (Part 3 and Schedule 3) |
| Social Development and Employment | Retirement Commissioner | Social Development | ACE | New Zealand Superannuation and Retirement Income Act 2001 (Part 4 and Schedule 6) |
| Social Development and Employment | Social Workers Registration Board | Social Development | Crown agent | Social Workers Registration Act 2003 (Part 6 and Schedule 1) |
| Sport and Recreation | Drug Free Sport New Zealand | Culture and Heritage | ICE | Sports Anti-Doping Act 2006 (Part 2) |
| Sport and Recreation | Sport and Recreation New Zealand | Culture and Heritage | Crown agent | Sport and Recreation New Zealand Act 2002 (Part 2) |
| Tertiary Education | Tertiary Education Commission | Education | Crown agent | Education Act 1989 (Part 13A) |
| Tertiary Education | Tertiary education institutions (33) | Education | TEIs | Education Act 1989 (Parts 14 and 15 and Schedule 13A) |
| Tourism | New Zealand Tourism Board | Economic Development | Crown agent | New Zealand Tourism Board Act 1991 (Part 1 and Schedule 1) |
| Transport | Civil Aviation Authority of New Zealand | Transport | Crown agent | Civil Aviation Act 1990 (Part 6A and Schedule 3) |
| Transport | NZ Transport Agency | Transport | Crown agent | Land Transport Management Act 2003 (Part 3 and Schedule 4) |
| Transport | Maritime New Zealand | Transport | Crown agent | Maritime Transport Act 1994 (Part 29 and Schedule 1) |
| Transport | Transit New Zealand | Transport | Crown agent | Land Transport Management Act 2003 (Part 3 and Schedule 4) |
| Transport | Transport Accident Investigation Commission | Transport | ICE | Transport Accident Investigation Commission Act 1990 (Part 2 and Schedule) |
Abbreviations used:
- ACE = autonomous Crown entity
- CCMAU = Crown Company Monitoring Advisory Unit
- CEC = Crown entity company
- CRIs = Crown research institutes (all CECs)
- ICE = independent Crown entity
- TPK = Te Puni Kokiri (Ministry of Maori Development)
- MoRST = Ministry of Research, Science and Technology
- TEIs = tertiary education institutions
- School BoTs = school boards of trustees
See also
References
- "Crown Entities Act 2004". New Zealand Legislation. Parliamentary Counsel Office.
- Statutory Crown Entities: A guide for Ministers, State Services Commission, June 2014, ISBN 978-0-478-43404-0
- "Crown Entities: A guide for Ministers". State Services Commission. 14 September 2008. Archived from the original on 22 May 2010.
- New Zealand Productivity Commission Initial Inquiry Terms of References, Office of the Minister of Finance
External links
- "Crown entities". The Treasury.
- Wilson, John (8 September 2015). "Nation and government – The state sector and Crown entities". Te Ara – the Encyclopedia of New Zealand.
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