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Building Act 2004

Miscellaneous provisions - Other offences and criminal proceedings - Proceedings for offences generally

385: Application of section 381 to Crown organisation

You could also call this:

“The District Court can stop a government group from doing something, just like it can for other people or companies.”

Section 385 of the Building Act 2004 explains how section 381 applies to Crown organisations. You need to know that the District Court can grant an injunction against a Crown organisation, even though they are part of the government. This means the court can order a Crown organisation to do something or stop doing something.

When the court gives an injunction to a Crown organisation, it treats the organisation as if it were a separate legal entity. This is true even if the organisation isn’t a company or corporation. The court does this so it can enforce the injunction properly.

If the District Court does give an injunction to a Crown organisation, all the rules in sections 381 to 384 will apply. These rules might need to be changed a bit to work for Crown organisations, but they will still be used.

Remember, an injunction is a special order from the court that tells someone to do something or stop doing something. In this case, it’s used to make sure Crown organisations follow the building laws just like everyone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309037.

Topics:
Crime and justice > Courts and legal help
Government and voting > Government departments
Housing and property > Home safety and repairs
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Part 5 Miscellaneous provisions
Other offences and criminal proceedings: Proceedings for offences generally

385Application of section 381 to Crown organisation

  1. Despite section 17(1)(a) of the Crown Proceedings Act 1950,—

  2. the District Court may, under section 381, grant an injunction against a Crown organisation, but only in its own name; and
    1. for the purposes of imposing or enforcing an injunction referred to in paragraph (a), the Crown organisation, if not a body corporate, is to be treated as if it were a separate legal personality.

      1. If the District Court grants an injunction against a Crown organisation, the provisions of sections 381 to 384 apply with all necessary modifications.

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