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Water Services Act 2021

Preliminary provisions - General

20: Enforcement of Act against the Crown

You could also call this:

"How the Law Applies to the Government"

Illustration for Water Services Act 2021

This Act can be enforced against the Crown, but only in certain ways. You can take action against a part of the Crown, called a Crown organisation, if it breaks the rules. The action must be taken against the Crown organisation itself, not the Crown. If a Crown organisation breaks the rules, it can be prosecuted, given an infringement notice, or have an injunction granted against it. You can find more information about this in the Crown Organisations (Criminal Liability) Act 2002. The Crown organisation must be named in the action, not the Crown. The rules about taking action against the Crown are a bit different from the normal rules. For example, the Crown Proceedings Act 1950 has some rules that do not apply in this case. You can get a direction or compliance order against a Crown organisation if it breaks the rules. A court can make an order against a Crown organisation if it breaks the rules. The order must be made against the Crown organisation itself, not the Crown. This is how the Act can be enforced against 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=LMS374689.

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Part 1Preliminary provisions
General

20Enforcement of Act against the Crown

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

  2. An instrument of the Crown may be prosecuted for an offence against this Act, but only if—

  3. 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 against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and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.

        2. An infringement notice may be served on an instrument of the Crown in accordance with this Act, but only if—

        3. the instrument is a Crown organisation; and
          1. the instrument is liable to be proceeded against for the alleged offence under subsection (2); and
            1. the notice is served on the Crown organisation in its own name.

              1. Despite section 17(1)(a) of the Crown Proceedings Act 1950, an injunction may be granted or another order made against an instrument of the Crown in accordance with this Act, but only if—

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

                  1. A direction issued under section 104 may be issued against an instrument of the Crown, but only if—

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

                      1. A compliance order served under section 120 may be served on an instrument of the Crown in accordance with this Act, but only if—

                      2. the instrument is a Crown organisation; and
                        1. the order is served on 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 this Act, but only if—

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

                              Compare
                              • 2015 No 70 s 6