This Act may be cited as the Crown Suits Amendment Act, 1910, and shall be read together with and be deemed to form part of Part II of the Crown Suits Act, 1908 (hereinafter referred to as the principal Act).

2 No claims against the Grown except as provided by this Act.

No claim or demand shall be made under Part II of the principal Act against His Majesty except in respect of the causes of action hereinafter mentioned, and in accordance with the provisions hereinafter contained.

3 What claims will lie against the Grown.

Subject to the provisions hereinafter or in the principal Act contained, a claim or demand may be made against His Majesty by a petition under Part II of the principal Act in respect of the following causes of action:—

(a.)

The breach of any contract, express or implied:

(b.)

Any cause of action in respect of which a petition of right will lie against His Majesty at common law:

(c.)

Any wrong or injury which is independent of contract and for which an action for damages would lie if the defendant was a subject of His Majesty.

4 What claims will not lie against the Crown.

Notwithstanding anything in the last preceding section, no claim or demand shall be made against His Majesty in respect of any of the following causes of action:—

(a.)

Assault, false imprisonment, malicious prosecution, or erroneous judicial process:

(b.)

Libel or slander:

(c.)

Any cause of action in which malicious motive is an essential element.

5 Certain persons not to be deemed servants of the Crown.

(1.)

For the purpose of determining the existence of a cause of action against His Majesty under this Act, none of the following persons shall be deemed to be servants of His Majesty within the meaning of the law relating to employers’ liability:—

(a.)

The Governor:

(b.)

Any Judge, Magistrate, Justice of the Peace, or other judicial officer:

(c.)

Any member of the Defence Forces.

(2.)

This section shall not be so construed as to create between His Majesty and any other person the relation of employer and servant in any circumstances in which that relation would, not exist in the case of subjects of His Majesty.

6 Deaths by Accidents Compensation Act to bind the Crown.

The Deaths by Accidents Compensation Act, 1908, and section sixty-two of the Workers’ Compensation Act, 1908 (relating to common employment), shall be so construed as to bind the Crown.

7 How far other Acts bind the Crown.

Save so far as otherwise expressly provided, this Act shall not be so construed as to make any Act binding upon the Crown which would not otherwise be so binding.

8 No claim for damages when the Crown is liable to pay compensation under the Workers’ Compensation Act.

No claim or demand shall be made by any person whomsoever against His Majesty under this Act in respect of the death or injury of any person if any liability to pay compensation in respect of that death or injury is imposed upon His Majesty by the Workers’ Compensation Act, 1908.

9 Claims in respect of death or personal injury not to exceed £2,000.

No claim shall be made against His Majesty under this Act for a larger sum than two thousand pounds in respect of the death of any person or in respect of personal injuries suffered by any person.

10 Recovery in Magistrate’s Court on behalf of Crown of amounts not exceeding £50.

(1.)

Any debt or damages payable to His Majesty and not exceeding fifty pounds may be sued for and recovered in a Magistrate’s Court on behalf of His Majesty by and at the suit of any person appointed in that behalf by a warrant’ under the hand of the Attorney-General or Solicitor-General, and judicial notice shall be taken of the signature of any such warrant.

(2.)

Every person so appointed to sue on behalf of His Majesty shall sue in his own name with the addition of the words “suing on behalf of the Crown,” or words to the like effect.

(3.)

Nothing in this section shall be so construed as to prevent the recovery of moneys payable to His Majesty in any manner in which those moneys are recoverable independently of this section, and any judicial proceedings may be taken either in accordance with this section or in accordance with any other statutory provision applicable to the case.

11 Miscellaneous amendments.

The Acts mentioned in the Schedule hereto are hereby amended in manner indicated in that Schedule.

Schedule

Enactments amended.	Nature and Extent of Amendment.
The Grown Suits Act, 1908,—
Section 35	By repealing this section.
The Government Railways Act, 1908,—
Section 12, paragraphs (d), (e), and (g), and subparagraph (ii) of paragraph (f)	By omitting the word “Minister,” and in each case substituting the word “Crown.”
Section 12, paragraphs (h), (i), and (j)	By repealing these paragraphs.
Section 23	By repealing this section.

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Crown Suits Amendment Act 1910