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New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Emergency Management Bill (No 2)

Preliminary provisions

11: Enforcement of Act against the Crown

You could also call this:

"Holding the Government Responsible for Following the Law"

Illustration for Emergency Management Bill (No 2)

This proposed law change says you can take action against the government, but only in certain ways. You can serve a compliance order against a government organisation, but it must be in the organisation's name. The order must be served according to the rules set out in section 174. You can also get a court order against a government organisation, but it must be in the organisation's name. The court order must follow the rules in section 178. The government organisation can be prosecuted for breaking the law, but only if it is prosecuted in its own name. The prosecution must follow the rules in the Crown Organisations (Criminal Liability) Act 2002 and not include the government as a defendant. You can prosecute a government organisation for breaking the law, as set out in section 187. This can happen if the organisation is a Crown organisation and the prosecution is in its own name.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1540625.

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10: Act binds the Crown, or

"The government must follow this law too"

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"This law doesn't stop other laws from working."

Part 1Preliminary provisions

11Enforcement of Act against the Crown

  1. This Act may be enforced against the Crown only in the manner provided in this section.

  2. A compliance order served under section 174 may be issued against an instrument of the Crown, but only if—

  3. the instrument is a Crown organisation; and
    1. the order is served against the Crown organisation in its own name.

      1. An order may be made by the District Court against an instrument of the Crown in accordance with section 178, but only if—

      2. the instrument is a Crown organisation; and
        1. the order is served against the Crown organisation in its own name.

          1. An instrument of the Crown may be prosecuted for an offence against section 187, but only if—

          2. the instrument is a 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.