Plain language law

New Zealand law explained for everyone

Legislation Act 2019

Interpretation and application of legislation - General definitions and interpretation provisions

22: Legislation not binding on the Crown

You could also call this:

"The law does not apply to the government unless it says so."

The law does not automatically apply to the Crown. You need to check if the Act or other legislation says the Crown is bound by it. If it does not say this, the Crown is not bound by the Act.

If a law is made under another Act, it does not apply to the Crown unless the original Act or another Act says it does. The law made under the Act also does not apply to the Crown unless it or another law says it does. You can find more information about this by looking at the law from 1986.

The Crown is only bound by a law if it is clearly stated in the law or in another law. This applies to all laws, including those made under other laws. You have to check each law to see if it applies to the Crown.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298269.

Topics:
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21: Anything done under secondary legislation or other instrument is also done under Act, or

"Doing something under one law also means you're doing it under the main law that controls it."

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23: Examples do not limit provision, or

"Examples in laws are just helpers, they don't change what the law means."

Part 2Interpretation and application of legislation
General definitions and interpretation provisions

22Legislation not binding on the Crown

  1. No Act or part of an Act binds the Crown unless the Act (or other legislation) expressly provides that the Crown is bound by the Act or part.

  2. No secondary legislation, or part of secondary legislation, made under an Act or part of an Act binds the Crown unless—

  3. the Act (or another Act) expressly provides that the Crown is bound by the Act or part of the Act; or
    1. the Act or the secondary legislation (or any other legislation) expressly provides that the Crown is bound by the secondary legislation or part of the secondary legislation.

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