New Zealand Legislation: Acts

6 Act binds the Crown

• (1) This Act binds the Crown except as provided in subsections (2) to (4).

  (2) This Act does not apply to a Crown building or Crown building work if the Minister of Defence certifies in writing that the building or building work is necessary for reasons of national security.

  (3) An instrument of the Crown may be prosecuted for an offence against this Act only if—

  • (a) it is a Crown organisation; and

  • (b) the offence is alleged to have been committed by the Crown organisation; and

  • (c) the proceedings are commenced—

    • (i) against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and

    • (ii) in accordance with the Crown Organisations (Criminal Liability) Act 2002.

  (4) The Crown may not be prosecuted for an offence against this Act, except to the extent and in the manner provided for in subsection (3).

  Compare: 1991 No 150 s 5