New Zealand Legislation: Acts

3 Application of Act to the Crown

• (1) Except as expressly provided in subsections (2) and (3), this Act binds the Crown.

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

  • (a) that instrument is a Crown organisation; and

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

  • (c) the proceedings are instituted—

    • (i) against the Crown organisation in its own name and do not cite the Crown as a defendant; and

    • (ii) in accordance with the Crown Organisations (Criminal Liability Act) 2002.

  (3) The Crown may not be prosecuted for an offence against this Act, except to the extent and in the manner provided in subsection (2).

  Section 3(1): amended, on 18 October 2002, by section 24(1) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

  Section 3(2): substituted, on 18 October 2002, by section 24(2) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

  Section 3(3): added, on 18 October 2002, by section 24(2) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).