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Resource Management Act 1991

Interpretation and application

4: Act to bind the Crown

You could also call this:

“This law applies to the government, with some exceptions for national security and conservation activities.”

This law applies to the government (the Crown) with some exceptions. The government doesn’t have to follow this law for military activities that the Minister of Defence says are necessary for national security.

The government can do some things on conservation land without following part of the law, as long as these activities fit with conservation plans and don’t cause big problems outside the area.

The law doesn’t apply to holding prisoners in court cells that are officially part of a prison.

You can give the government notices about noise or other problems, but only to specific government organisations, not to the whole government.

You can ask a court to make the government follow the rules, but only for specific government organisations, not the whole government.

The government can get fines for breaking the rules, but only specific organisations can be fined, not the whole government. Also, the court can’t make these organisations pay fines.

If a government organisation isn’t a company, it’s treated like one for the purpose of following these rules.

The government can’t be punished in other ways for breaking this law.

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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 > Town planning
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).