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Crown Organisations (Criminal Liability) Act 2002

Criminal liability of Crown organisations

6: Prosecutions against Crown organisations

You could also call this:

"When Crown organisations break certain laws, you can take them to court."

Illustration for Crown Organisations (Criminal Liability) Act 2002

You can take a Crown organisation to court for breaking certain laws. This can happen if they break the Building Act 2004, the Health and Safety at Work Act 2015, the Resource Management Act 1991, the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, Part 3 of the Children's Act 2014, or the Water Services Act 2021. You follow the rules in the Criminal Procedure Act 2011 to take them to court. This law does not change any other ways a Crown organisation can be taken to court. They can still be prosecuted for other offences, even if they are not listed here. The court process is the same as for other organisations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM156462.

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Part 1Criminal liability of Crown organisations

6Prosecutions against Crown organisations

  1. A Crown organisation may be prosecuted (by the bringing of proceedings in the manner provided for in the Criminal Procedure Act 2011) for any of the following offences:

  2. an offence against the Building Act 2004:
    1. an offence under the Health and Safety at Work Act 2015:
      1. an offence against the Resource Management Act 1991:
        1. an offence against the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012:
          1. an offence against Part 3 of the Children’s Act 2014:
            1. an offence against the Water Services Act 2021.

              1. This section does not affect any liability of a Crown organisation that arises independently of this section to prosecution for an offence.

              Notes
              • Section 6(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 6(1)(a): substituted, on , by section 414 of the Building Act 2004 (2004 No 72).
              • Section 6(1)(b): replaced, on , by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
              • Section 6(1)(c): added, on , by section 163(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
              • Section 6(1)(c): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
              • Section 6(1)(d): inserted, on , by section 172(2) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).
              • Section 6(1)(e): inserted, on , by section 42(2) of the Vulnerable Children Act 2014 (2014 No 40).
              • Section 6(1)(e): amended, on , by section 10(1) of the Children's Amendment Act 2018 (2018 No 58).
              • Section 6(1)(f): inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).