Resource Management Act 1991

4 Act to bind the Crown

  • (1) This Act binds the Crown, except as provided in this section.

    (2) This Act does not apply to any work or activity of the Crown which—

    • (a) is a use of land within the meaning of section 9; and

    • (b) the Minister of Defence certifies is necessary for reasons of national security.

    (3) Section 9(3) 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—

    • (a) 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

    • (b) does not have a significant adverse effect beyond the boundary of the area of land.

    (3A) Section 9 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.

    (4) [Repealed]

    (5) 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—

    • (a) it is a Crown organisation; and

    • (b) the notice or direction is served or issued against the Crown organisation in its own name.

    (6) An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if—

    • (a) it is a Crown organisation; and

    • (b) a local authority applies for the order; and

    • (c) the order is made against the Crown organisation in its own name.

    (7) Subsections (5) and (6) apply despite section 17(1)(a) of the Crown Proceedings Act 1950.

    (8) An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if—

    • (a) it is liable to be proceeded against for the alleged offence under subsection (9); and

    • (b) the notice is served against the Crown organisation in its own name.

    (9) An instrument of the Crown may be prosecuted for an offence against this Act only if—

    • (a) it is a Crown organisation; and

    • (b) the offence is alleged to have been committed by the Crown organisation; and

    • (c) the proceedings are commenced—

      • (i) by a local authority or an enforcement officer; and

      • (ii) against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and

    (10) 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).

    (11) 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—

    • (a) serving or issuing an abatement notice or excessive noise direction against it; and

    • (b) making an enforcement order against it; and

    • (c) serving an infringement notice on it; and

    • (d) enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it.

    (12) Except to the extent and in the manner provided for in subsections (5) to (11), the Crown may not—

    • (a) be served or issued with an abatement notice or excessive noise direction; or

    • (b) have an enforcement order made against it; or

    • (c) be served with an infringement notice; or

    • (d) be prosecuted for an offence against this Act.

    Section 4(1): replaced, on 1 October 2009, by section 6(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(3): replaced, on 7 July 1993, by section 5 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 4(3): amended, on 1 October 2009, by section 6(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(3A): inserted, on 8 December 2009, by section 5 of the Corrections (Use of Court Cells) Amendment Act 2009 (2009 No 60).

    Section 4(4): repealed, on 7 July 1993, by section 5 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 4(5): replaced, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(6): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(7): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(8): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(9): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(10): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(11): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(12): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).