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New Zealand law explained for everyone

Building Act 2004

Preliminary provisions - General - Application of Act to the Crown

6: Act binds the Crown

You could also call this:

“The government must follow this law, with a few special exceptions.”

This law applies to the government, which is called “the Crown” in New Zealand. However, there are some exceptions to this rule.

If you work for the Minister of Defence, and they write a note saying a building or building work is needed for keeping the country safe, this law doesn’t apply to that building or work.

Some parts of the government, called Crown organisations, can get in trouble if they break this law. But there are special rules about how this happens. They can only be taken to court if the problem was caused by the Crown organisation itself, and the court case follows the rules set out in another law called the Crown Organisations (Criminal Liability) Act 2002.

The government as a whole can’t be taken to court for breaking this law, except in the way described for Crown organisations.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306051.

Topics:
Housing and property > Home safety and repairs
Government and voting > Government departments
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“Rules that help people understand changes in the law and what happens during those changes”

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7: Interpretation, or

“This section explains the meaning of important words and terms used in the law about buildings and construction”

Part 1 Preliminary provisions
General: Application of Act to the Crown

6Act 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—

  4. 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. 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. 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).

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