Crown Organisations (Criminal Liability) Act 2002

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Reprint as at 1 December 2020

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
2	Commencement
3	Purpose
	Part 1 Criminal liability of Crown organisations
4	Interpretation
5	Act binds Crown
6	Prosecutions against Crown organisations
7	Legal status of certain Crown organisations
8	Conduct of proceedings
9	Rights and privileges of Crown organisations
10	Restrictions on privilege against self-incrimination
11	Crown immunity not to apply in respect of offences under this Act
12	Appropriation
	Part 2 Amendments to other Acts
	Amendments to Building Act 1991
13	Interpretation
14	Act to bind the Crown
15	Injunctions may be granted by District Court for certain continuing breaches
16	Liability of principal for acts of agents
17	New section 82A inserted
18	Service of documents
	Amendments to Costs in Criminal Cases Act 1967
19	Interpretation
20	Costs of the prosecutor
21	Payment of defendant’s costs
22	Enforcement of order as to costs made on an appeal
	Amendments to Health and Safety in Employment Act 1992
23	Interpretation
24	Application of Act to the Crown
25	Only inspectors to institute prosecutions [Repealed]
26	Other provisions relating to offences
27	Offences by bodies corporate
	Amendments to Sentencing Act 2002
28	Interpretation
	Amendments to Summary Proceedings Act 1957
29	Interpretation
30	Mode of service of documents on defendant
31	Stay of proceedings
32	Informant’s right of appeal against sentence
	Reprint notes

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 at Work Act 2015, 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(b): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

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, interdepartmental venture, departmental agency, or government-related organisation

departmental agency has the meaning given in section 5 of the Public Service Act 2020

government department means a department as defined in section 5 of the Public Service Act 2020

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

interdepartmental venture has the meaning given in section 5 of the Public Service Act 2020

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).

Section 4 Crown organisation: amended, on 7 August 2020, by section 110(2) of the Public Service Act 2020 (2020 No 40).

Section 4 departmental agency: inserted, on 7 August 2020, by section 110(3) of the Public Service Act 2020 (2020 No 40).

Section 4 government department: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 4 interdepartmental venture: inserted, on 7 August 2020, by section 110(3) of the Public Service Act 2020 (2020 No 40).

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 the Health and Safety at Work Act 2015:

(c)

an offence against the Resource Management Act 1991:

(d)

an offence against the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012:

(e)

an offence against Part 3 of the Children’s 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)(b): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

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).

Section 6(1)(e): amended, on 21 December 2018, by section 10(1) of the Children’s Amendment Act 2018 (2018 No 58).

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)

compliance with the obligations imposed by the Building Act 2004, the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, the Health and Safety at Work Act 2015, the Resource Management Act 1991, or Part 3 of the Children’s Act 2014; and

(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 21 December 2018, by section 10(1) of the Children’s Amendment Act 2018 (2018 No 58).

Section 7(a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

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(1)(a), (c), or (d).

(5)

This section is subject to sections 176 and 246 of the Criminal Procedure Act 2011 and section 4(9) of the Resource Management Act 1991.

Section 8(4): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 8(5): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

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 168 of the Health and Safety at Work Act 2015; or

(ii)

section 19 of the Ombudsmen Act 1975; or

(iii)

section 86 or 87 of the Privacy Act 2020; or

(iv)

section 26 of the Public Finance Act 1977; or

(v)

section 133 of the Crown Entities Act 2004; or

(vi)

clauses 3 and 4 of Schedule 3 of the Public Service Act 2020; 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)(i): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 10(1)(b)(iii): replaced, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

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)(vi): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

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, fine, 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.

Section 12(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Part 2 Amendments to other Acts

Amendments to Building Act 1991

13 Interpretation