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Earthquake Commission Act 1993

12 Directions by Minister

(1)

In directing the entity in accordance with section 103 of the Crown Entities Act 2004, the Minister must, if practicable, first consult with those persons likely to be affected by the direction.

(1A)

The Minister may, in giving any written directions in relation to the exercise of the Commission’s functions under section 5(1)(c) or section 5(1)(d), or both, take account not only of the objects and policy of this Act, but also of 1 or more of the following matters:

(a)

the Crown’s current and possible future overall financial position, having regard to the requirement in section 16 to grant or advance public money to meet any deficiency in the Commission’s assets to meet its liabilities:

(b)

the Crown’s current and possible future overall financial position, taking into account the interests of the Crown in the bodies referred to in section 27(3)(a) to (f) of the Public Finance Act 1989:

(c)

the Commission’s current and possible future overall financial position.

(1B)

Without limiting subsections (1) and (1A), written directions may specify detailed requirements or prohibitions, or both, to which the Commission must give effect in exercising its functions under section 5(1)(c) and section 5(1)(d).

(2)

[Repealed]

(2A)

[Repealed]

(2B)

[Repealed]

(3)

[Repealed]

(4)

Every direction given under section 9 of the Earthquake and War Damage Act 1944 (as substituted by section 3 of the Earthquake and War Damage Amendment Act 1988) and in force on the commencement of this Act shall be deemed to have been given under section 103 of the Crown Entities Act 2004.

Section 12(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 12(1A): inserted, on 27 March 1998, by section 2 of the Earthquake Commission Amendment Act 1998 (1998 No 9).

Section 12(1A): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 12(1A)(b): amended, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 12(1B): inserted, on 27 March 1998, by section 2 of the Earthquake Commission Amendment Act 1998 (1998 No 9).

Section 12(1B): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 12(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 12(2A): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 12(2B): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 12(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 12(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).