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Planning Bill

Preliminary provisions

6: Act binds the Crown

You could also call this:

"The government must follow this law, with some exceptions."

If this bill becomes law, it will apply to the government, except in some cases. You need to know that the government is also called the Crown. The Crown has to follow this law, but there are some exceptions. The law does not apply to some work or activities of the Crown, like using land for national security. The Minister of Defence decides what is necessary for national security. Some parts of the law also do not apply to work or activities on conservation land. You should understand that the law has special rules for serving notices or making orders against the Crown. For example, an abatement notice can only be served against a Crown organisation in its own name. The same applies to enforcement orders and infringement notices. The Crown can be prosecuted for offences against this law, but only in certain circumstances. A court case can only be started by a local authority, the EPA, or an enforcement officer. The case must be against the Crown organisation, not the Crown itself. There are also special rules for Crown organisations that are not separate legal entities. They are treated as if they were separate entities for the purposes of this law. This means they can be served with notices or have orders made against them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1035815.

This page was last updated on 12 December 2025 — View changes

Topics:

Government and voting > Government departmentsEnvironment and resources > Conservation

5: Transitional, savings, and related provisions, or

"Special rules to help when the Planning Bill becomes law"

7: Application of this Act to ships and aircraft of foreign States, or

"This law does not apply to some foreign ships and aircraft."

Part 1Preliminary provisions

6Act binds the Crown

This Act binds the Crown except as provided in this section.
This Act does not apply to any work or activity of the Crown which—
is a use of land within the meaning of section 3; and
the Minister of Defence certifies is necessary for reasons of national security.

Section 17 does not apply to any work or activity of the Crown within the boundaries of any area of land held or managed under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act (other than land held for administrative purposes) that—
is consistent with a conservation management strategy, conservation management plan, or management plan established under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act; and
does not have a significant adverse effect beyond the boundary of the area of land.

Section 17 does not apply to the detention of prisoners in a court cell block that is declared by notice in the Gazette to be a part of a corrections prison.
An abatement notice or excessive noise direction may be served or issued against an instrument of the Crown, in accordance with this Act, only if—
it is a Crown organisation; and
the notice or direction is served or issued against the Crown organisation in its own name.

An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if—
it is a Crown organisation; and
a local authority or the EPA applies for the order; and
the order is made against the Crown organisation in its own name.

Subsections (5) and (6) apply despite section 17(1)(a) of the Crown Proceedings Act 1950.
An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if—
it is liable to be proceeded against for the alleged offence under subsection (9); and
the notice is served against the Crown organisation in its own name.

An instrument of the Crown may be prosecuted for an offence against this Act only if—
it is a Crown organisation; and
the offence is alleged to have been committed by the Crown organisation; and
the proceedings are commenced—
1. by a local authority, the EPA, or an enforcement officer; and
2. against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
3. in accordance with the Crown Organisations (Criminal Liability) Act 2002.

However, subsections (8) and (9) are subject to 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 an offence against this Act).
If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of—
serving or issuing an abatement notice or excessive noise direction against it; and
making an enforcement order against it; and
serving an infringement notice on it; and
enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it.

Except to the extent and in the manner provided for in subsections (5) to (11), the Crown may not—
be served or issued with an abatement notice or excessive noise direction; or
have an enforcement order made against it; or
be served with an infringement notice; or
be prosecuted for an offence against this Act.