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Resource Management Act 1991

Interpretation and application

4: Act to bind the Crown

You could also call this:

“The government must follow the Resource Management Act 1991, just like you do.”

The Resource Management Act 1991 is a law that applies to you and the government. You need to know that the government, also called the Crown, must follow this law, except in some cases. The law does not apply to some work or activities of the Crown that are necessary for national security.

When the Crown uses land, it must follow the rules in section 9 of the Act. However, there are some exceptions, such as when the land is managed under the Conservation Act 1987. In these cases, the Crown must follow a conservation management strategy or plan.

If the Crown does something wrong, it can be given a notice or fined, but only if it is a Crown organisation. The notice or fine must be given to the Crown organisation in its own name. You can find more information about this in the Crown Organisations (Criminal Liability) Act 2002.

The Crown can be prosecuted for an offence against the Act, but only if it is a Crown organisation and the offence was committed by the organisation. The prosecution must be started by a local authority, the EPA, or an enforcement officer, and the Crown organisation must be named as the defendant. This is in accordance with the Crown Organisations (Criminal Liability) Act 2002.

There are some exceptions to these rules, such as when the Crown organisation is not a separate legal entity. In these cases, the organisation is treated as if it were a separate entity for the purposes of the Act. You can find more information about the exceptions in section 8(4) of the Crown Organisations (Criminal Liability) Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM231900.

Topics:
Environment and resources > Land use Environment and resources > Conservation Government and voting > Government departments
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Part 1 Interpretation and application

4Act to bind the Crown

  1. This Act binds the Crown, except as provided in this section.

  2. This Act does not apply to any work or activity of the Crown which—

  3. is a use of land within the meaning of section 9; and
    1. the Minister of Defence certifies is necessary for reasons of national security.

      1. Section 9(3) does not apply to any work or activity of the Crown within the boundaries of any area of land held or managed under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act (other than land held for administrative purposes) that—

      2. is consistent with a conservation management strategy, conservation management plan, or management plan established under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act; and
        1. does not have a significant adverse effect beyond the boundary of the area of land.

          1. Section 9 does not apply to the detention of prisoners in a court cell block that is declared by notice in the Gazette to be a part of a corrections prison.

          2. Repealed

          3. An abatement notice or excessive noise direction may be served or issued against an instrument of the Crown, in accordance with this Act, only if—

          4. it is a Crown organisation; and
            1. the notice or direction is served or issued against the Crown organisation in its own name.

              1. An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if—

              2. it is a Crown organisation; and
                1. a local authority or the EPA applies for the order; and
                  1. the order is made against the Crown organisation in its own name.

                    1. Subsections (5) and (6) apply despite section 17(1)(a) of the Crown Proceedings Act 1950.

                    2. An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if—

                    3. it is liable to be proceeded against for the alleged offence under subsection (9); and
                      1. the notice is served against the Crown organisation in its own name.

                        1. An instrument of the Crown may be prosecuted for an offence against this Act only if—

                        2. it is a Crown organisation; and
                          1. the offence is alleged to have been committed by the Crown organisation; and
                            1. the proceedings are commenced—
                              1. by a local authority, the EPA, or an enforcement officer; and
                                1. against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
                                  1. in accordance with the Crown Organisations (Criminal Liability) Act 2002.

                                  2. However, subsections (8) and (9) are subject to section 8(4) of the Crown Organisations (Criminal Liability) Act 2002 (which provides that a court may not sentence a Crown organisation to pay a fine in respect of an offence against this Act).

                                  3. If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of—

                                  4. serving or issuing an abatement notice or excessive noise direction against it; and
                                    1. making an enforcement order against it; and
                                      1. serving an infringement notice on it; and
                                        1. enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it.

                                          1. Except to the extent and in the manner provided for in subsections (5) to (11), the Crown may not—

                                          2. be served or issued with an abatement notice or excessive noise direction; or
                                            1. have an enforcement order made against it; or
                                              1. be served with an infringement notice; or
                                                1. be prosecuted for an offence against this Act.

                                                  Notes
                                                  • Section 4(1): replaced, on , by section 6(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                  • Section 4(3): replaced, on , by section 5 of the Resource Management Amendment Act 1993 (1993 No 65).
                                                  • Section 4(3): amended, on , by section 6(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                  • Section 4(3A): inserted, on , by section 5 of the Corrections (Use of Court Cells) Amendment Act 2009 (2009 No 60).
                                                  • Section 4(4): repealed, on , by section 5 of the Resource Management Amendment Act 1993 (1993 No 65).
                                                  • Section 4(5): replaced, on , by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                  • Section 4(6): inserted, on , by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                  • Section 4(6)(b): amended, on , by section 6(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                                                  • Section 4(7): inserted, on , by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                  • Section 4(8): inserted, on , by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                  • Section 4(9): inserted, on , by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                  • Section 4(9)(c)(i): amended, on , by section 6(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                                                  • Section 4(10): inserted, on , by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                  • Section 4(11): inserted, on , by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                  • Section 4(12): inserted, on , by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).