New Zealand Legislation: Bills

19 Enforceability of protocols

• (1) The Crown must comply with a protocol while it is in force.

  (2) If the Crown fails, without good cause, to comply with a protocol, the trustees may, subject to the Crown Proceedings Act 1950, enforce the protocol.

  (3) Despite subsection (2), damages or any form of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol.

  (4) To avoid doubt,—

  • (a) subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and

  • (b) subsection (3) does not affect the ability of a court to award costs incurred by the trustees in enforcing the protocol under subsection (2).