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Children’s Act 2014

Children's worker safety checking

22: Application to Crown

You could also call this:

"The law applies to government organisations, which can be fined if they break the rules."

Illustration for Children’s Act 2014

If you work for a Crown organisation, you need to know that it can be prosecuted for breaking the law under this Part. This can happen if the Crown organisation is alleged to have committed the offence and the proceedings are started against it in its own name, without citing the Crown as the defendant. The proceedings must also follow the rules set out in the Crown Organisations (Criminal Liability) Act 2002.

If a Crown organisation breaks the law under this Part, it can be fined. Normally, the Crown Organisations (Criminal Liability) Act 2002 says that a Crown organisation cannot be fined for certain offences, but this rule does not apply to offences under this Part. When a Crown organisation is prosecuted and found guilty, it may have to pay a fine, as well as any other costs or compensation that the court orders.

You should understand that the rules for prosecuting a Crown organisation are different from those for other organisations. The court can impose a fine on a Crown organisation if it breaks the law under this Part, and this fine is included in the costs that the organisation may have to pay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5501673.

Topics:
Government and voting > Government departmentsCrime and justice > Criminal law
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"Keeping You Safe from Harm"

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23: Interpretation, or

"What special words mean in the Children's Act 2014"

Part 3Children's worker safety checking

22Application to Crown

  1. A Crown organisation (as defined in the Crown Organisations (Criminal Liability) Act 2002) may be prosecuted for an offence against this Part only if—

  2. 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 against the Crown organisation in its own name and the proceedings do not cite the Crown as defendant; and
        1. in accordance with the Crown Organisations (Criminal Liability) Act 2002.

        2. However, 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 certain offences) does not apply in respect of offences under this Part, and the reference in section 12 of that Act to reparation, compensation, or costs must be taken to include a reference to any fine imposed as a consequence of a prosecution for an offence under this Part.