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.

Natural Environment Bill

Preliminary provisions

6: Act binds the Crown

You could also call this:

"The government must follow the Natural Environment Bill, with some exceptions."

Illustration for Natural Environment Bill

The proposed Natural Environment Bill will apply to the Crown, but with some exceptions. You need to know that the Crown is the government, and it has some special rules. The bill will not apply to some things the Crown does, like using land in certain ways or for national security reasons. The Crown is also exempt from some parts of the bill when it comes to conservation land. This means that section 17 of the Planning Act 2025 does not apply to work or activities on conservation land that follow a conservation plan and do not harm the environment outside the land. There are some situations where the Crown can be held responsible, like if it is a Crown organisation and breaks the rules. In these cases, the Crown organisation can be served with a notice or fined, but only if the notice or fine is served against the organisation itself. The bill also says that if a Crown organisation is not a separate legal entity, it will be treated as one for the purposes of the bill. This means that the organisation can be served with notices or fined, just like any other organisation. The Crown has some protection from being prosecuted or fined, except in certain situations outlined in the bill. You should understand that these rules are part of the proposed bill and may change the way the government is held responsible for its actions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1520790.

This page was last updated on 14 December 2025 — View changes

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Government departments

5: Transitional, savings, and related provisions, or

"Special rules to help when the Natural Environment Bill becomes law"

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

"This law does not apply to foreign warships, government ships, or military 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 that—
is a use of land within the meaning of section 17; and
the Minister of Defence certifies is necessary for reasons of national security.

Section 17 of the Planning Act 2025 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 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 (8); 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 against it; and
making an enforcement order against it; and
serving an infringement notice on it; and
enforcing an abatement notice, 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
have an enforcement order made against it; or
be served with an infringement notice; or
be prosecuted for an offence against this Act.