Crown Organisations (Criminal Liability) Act 2002

Reprint as at 1 July 2015

Coat of Arms of New Zealand

Crown Organisations (Criminal Liability) Act 2002

Public Act
 
2002 No 37
Date of assent
 
17 October 2002
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

 
1 Title

This Act is the Crown Organisations (Criminal Liability) Act 2002.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Purpose

The purpose of this Act is to—

(a)

implement recommendations of the report of the Royal Commission of Inquiry into the collapse of a viewing platform at Cave Creek near Punakaiki on the West Coast (the Noble report):

(b)

enable the prosecution of Crown organisations for offences under the Building Act 2004, the Health and Safety in Employment Act 1992, and the Resource Management Act 1991:

(c)

enable injunctions to be granted requiring Crown organisations to comply with the Building Act 2004:

(d)

make related amendments to other enactments.

Section 3(b): substituted, on 1 October 2009, by section 163(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 3(c): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Part 1 Criminal liability of Crown organisations

4 Interpretation

In this Act, unless the context otherwise requires,—

Crown entity

(a)

has the same meaning as in section 7(1) of the Crown Entities Act 2004; and

(b)

includes an organisation named or described in Schedule 4, or a company named in Schedule 4A, of the Public Finance Act 1989

Crown organisation means a Crown entity, government department, or government-related organisation

government department means a government department named in Schedule 1 of the State Sector Act 1988

government-related organisation means—

(a)

the Audit Office:

(b)

the New Zealand Defence Force:

(c)

the New Zealand Police:

(d)

the New Zealand Railways Corporation:

(e)

the Office of the Clerk of the House of Representatives:

(f)

the Office of the Ombudsmen:

(g)

the Office of the Parliamentary Commissioner for the Environment:

(h)

the Parliamentary Counsel Office:

(i)

the Parliamentary Service

Office of Parliament has the same meaning as in section 2(1) of the Public Finance Act 1989.

Section 4 Crown entity: substituted, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 4 Crown entity paragraph (b): amended, on 18 July 2013, by section 57 of the Public Finance Amendment Act 2013 (2013 No 50).

5 Act binds Crown

This Act binds the Crown.

6 Prosecutions against Crown organisations

(1)

A Crown organisation may be prosecuted (by the bringing of proceedings in the manner provided for in the Criminal Procedure Act 2011) for any of the following offences:

(a)

an offence against the Building Act 2004:

(b)

an offence under section 49 or section 50 of the Health and Safety in Employment Act 1992:

(c)

an offence against the Resource Management Act 1991:

(e)

an offence against Part 3 of the Vulnerable Children Act 2014.

(2)

This section does not affect any liability of a Crown organisation that arises independently of this section to prosecution for an offence.

Section 6(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 6(1)(a): substituted, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 6(1)(c): added, on 1 October 2009, by section 163(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 6(1)(d): inserted, on 28 June 2013, by section 172(2) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

Section 6(1)(e): inserted, on 1 July 2015, by section 42(2) of the Vulnerable Children Act 2014 (2014 No 40).

7 Legal status of certain Crown organisations

A Crown organisation that is not a body corporate has a separate legal personality for the purposes of—

(a)
(b)

the bringing, hearing, and determination of proceedings against it for an offence referred to in section 6; and

(c)

the imposition of sentence if that organisation is convicted; and

(d)

the enforcement of any sentence imposed on that organisation.

Section 7(a): substituted, on 1 October 2009, by section 163(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 7(a): amended, on 1 July 2015, by section 42(3) of the Vulnerable Children Act 2014 (2014 No 40).

Section 7(a): amended, on 28 June 2013, by section 172(3) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

8 Conduct of proceedings

(1)

Proceedings brought against a Crown organisation for an offence referred to in section 6 must, as far as practicable, be brought, heard, and determined in the same manner as proceedings against a body corporate for an offence of the same kind.

(2)

Proceedings brought against a Crown organisation for an offence referred to in section 6 must be instituted against the organisation in its own name, and must not cite the Crown as a defendant.

(3)

A Crown organisation is liable on conviction for an offence referred to in section 6 to the same penalties that could be imposed on any body corporate convicted of the same offence.

(4)

Despite subsection (3), a court may not sentence a Crown organisation to pay a fine in respect of an offence referred to in section 6.

(5)

This section is subject to section 54 of the Health and Safety in Employment Act 1992, sections 176 and 246 of the Criminal Procedure Act 2011, and section 4(9) of the Resource Management Act 1991.

Section 8(5): substituted, on 1 October 2009, by section 163(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 8(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

9 Rights and privileges of Crown organisations

(1)

A Crown organisation that is charged with an offence referred to in section 6 has, in relation to the charge and the hearing and determination of the charge, the same rights and privileges as a body corporate charged with an offence of the same kind.

(2)

This section is subject to section 10.

10 Restrictions on privilege against self-incrimination

(1)

Despite section 9 and any other enactment or rule of law, no person may invoke the privilege against self-incrimination on behalf of a Crown organisation as a ground for refusing—

(a)

to give any evidence or produce any thing at the hearing of proceedings against a Crown organisation for an offence referred to in section 6; or

(b)

to supply information or make a statement in response to any request or requirement to supply information or make a statement made under—

(i)

section 31 of the Health and Safety in Employment Act 1992; or

(ii)

section 19 of the Ombudsmen Act 1975; or

(iii)

section 91 of the Privacy Act 1993; or

(iv)

section 26 of the Public Finance Act 1977; or

(v)

section 133 of the Crown Entities Act 2004; or

(vi)

section 9 or section 10 of the State Sector Act 1988; or

(vii)

section 22 of the Resource Management Act 1991; or

(c)

a request for official information made in accordance with section 12 of the Official Information Act 1982; or

(d)

to supply information requested by—

(i)

the Minister of the Crown or other person for the time being responsible for the Crown organisation; or

(ii)

a committee of Parliament.

(2)

Subsection (1) does not affect any right of an individual to invoke the privilege against self-incrimination in relation to any act or omission of that individual.

Section 10(1)(b)(v): substituted, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 10(1)(b)(vii): added, on 1 October 2009, by section 163(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

11 Crown immunity not to apply in respect of offences under this Act

No person is immune from prosecution for an offence referred to in section 6 by reason that the person is an employee or agent of the Crown, or a contractor engaged to provide services to the Crown, or is acting in any other capacity for, or on behalf of, the Crown.

12 Appropriation

(1)

Any reparation, compensation, or costs imposed by a court on a department or Office of Parliament as a consequence of the prosecution of that organisation for an offence referred to in section 6 may be paid by that organisation out of its funds without further appropriation than this section.

(2)

In subsection (1), department has the same meaning as in section 2(1) of the Public Finance Act 1989.

Part 2 Amendments to other Acts

Amendments to Building Act 1991

13 Interpretation

Amendment(s) incorporated in the Act(s).

14 Act to bind the Crown

Amendment(s) incorporated in the Act(s).

15 Injunctions may be granted by District Court for certain continuing breaches

Amendment(s) incorporated in the Act(s).

16 Liability of principal for acts of agents

Amendment(s) incorporated in the Act(s).

17 New section 82A inserted

Amendment(s) incorporated in the Act(s).

18 Service of documents

Amendment(s) incorporated in the Act(s).

Amendments to Costs in Criminal Cases Act 1967

19 Interpretation

Amendment(s) incorporated in the Act(s).

20 Costs of the prosecutor

Amendment(s) incorporated in the Act(s).

21 Payment of defendant’s costs

Amendment(s) incorporated in the Act(s).

22 Enforcement of order as to costs made on an appeal

Amendment(s) incorporated in the Act(s).

Amendments to Health and Safety in Employment Act 1992

23 Interpretation

Amendment(s) incorporated in the Act(s).

24 Application of Act to the Crown

Amendment(s) incorporated in the Act(s).

25 Only inspectors to institute prosecutions
[Repealed]

Section 25: repealed, on 5 May 2003, by section 28(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

26 Other provisions relating to offences

Amendment(s) incorporated in the Act(s).

27 Offences by bodies corporate

Amendment(s) incorporated in the Act(s).

Amendments to Sentencing Act 2002

28 Interpretation

Amendment(s) incorporated in the Act(s).

Amendments to Summary Proceedings Act 1957

29 Interpretation

Amendment(s) incorporated in the Act(s).

30 Mode of service of documents on defendant

Amendment(s) incorporated in the Act(s).

31 Stay of proceedings

Amendment(s) incorporated in the Act(s).

32 Informant’s right of appeal against sentence

Amendment(s) incorporated in the Act(s).

Reprints notes
1 General

This is a reprint of the Crown Organisations (Criminal Liability) Act 2002 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Vulnerable Children Act 2014 (2014 No 40): section 42

Public Finance Amendment Act 2013 (2013 No 50): section 57

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72): section 172

Criminal Procedure Act 2011 (2011 No 81): section 413

Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31): section 163

Public Finance Amendment Act 2004 (2004 No 113): section 37(1)

Building Act 2004 (2004 No 72): section 414

Health and Safety in Employment Amendment Act 2002 (2002 No 86): section 28(2)