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Criminal Procedure Act 2011

Preliminary provisions - Who may conduct proceedings

12: Representatives of corporations

You could also call this:

"Corporations must have a authorised person to represent them in court"

If you are a corporation, you need a representative to act for you in court. A written statement saying who your representative is can be used as evidence that they are allowed to act for you. This statement must be made by someone in charge of your corporation.

The statement must be in writing and say what the representative is allowed to do for you. It must also be signed by the person who made the statement. The person who signs it could be a managing director or someone who helps manage the corporation.

You cannot have a representative act for you in court until you file this written statement with the court. This means the court needs to receive the statement before your representative can do anything for you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865710.

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Part 1Preliminary provisions
Who may conduct proceedings

12Representatives of corporations

  1. A statement that complies with subsection (2) to the effect that the person named in it has been appointed as the representative of a corporation for the purposes of this Act is admissible without further proof as prima facie evidence that the person has been so appointed.

  2. The statement must—

  3. be in writing; and
    1. be made by a managing director of the corporation, or by any person (by whatever name that person is called) having, or being one of the persons having, the management of the affairs of the corporation; and
      1. specify whether the representative is authorised to represent the defendant in the proceeding for all the purposes of the Act or specified purposes only; and
        1. be authenticated by the person making it.

          1. No representative may act for a corporation in relation to any matter under this Act until a statement that complies with subsection (2) is filed in court.