Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698751905564.pdf (New Zealand)
Version as at 1 July 2022 Crown Organisations (Criminal Liability) Act 2002 Public Act 2002 No 37 Date of assent 17 October 2002 Commencement see section 2 Contents Title Commencement Purpose Part 1 Criminal liability of Crown organisations Interpretation Act binds Crown Prosecutions against Crown organisations Legal status of certain Crown organisations Conduct of proceedings Rights and privileges of Crown organisations Restrictions on privilege against self-incrimination Crown immunity not to apply in respect of offences under this Act Appropriation Page 2 2 2 3 4 4 5 5 6 6 7 7 Note The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.
1 s 1 Crown Organisations (Criminal Liability) Act 2002 Version as at 1 July 2022 Part 2 Amendments to other Acts Amendments to Building Act 1991 Interpretation Act to bind the Crown Injunctions may be granted by District Court for certain continuing breaches Liability of principal for acts of agents New section 82A inserted Service of documents Amendments to Costs in Criminal Cases Act 1967 Interpretation Costs of the prosecutor Payment of defendant’s costs Enforcement of order as to costs made on an appeal Amendments to Health and Safety in Employment Act 1992 Interpretation Application of Act to the Crown Only inspectors to institute prosecutions [Repealed] Other provisions relating to offences Offences by bodies corporate Amendments to Sentencing Act 2002 Interpretation Amendments to Summary Proceedings Act 1957 Interpretation Mode of service of documents on defendant Stay of proceedings Informant’s right of appeal against sentence 7 7 7 7 7 8 8 8 8 8 8 8 8 8 8 8 8 9 9 9 Title This Act is the Crown Organisations (Criminal Liability) Act 2002.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
Purpose The purpose of this Act is to— 26 27 28 29 30 31 32 1 2 3 2 Version as at 1 July 2022 Crown Organisations (Criminal Liability) Act 2002 Part 1 s 4 (a) (b) (c) implement recommendations of the report of the Royal Commission of Inquiry into the collapse of a viewing platform at Cave Creek near Puna‐ kaiki on the West Coast (the Noble report): 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: enable injunctions to be granted requiring Crown organisations to com‐ ply 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 (Sim‐ plifying 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) (b) has the same meaning as in section 7(1) of the Crown Entities Act 2004; and includes an organisation named or described in Schedule 4, or a com‐ pany named in Schedule 4A, of the Public Finance Act 1989 Crown organisation means a Crown entity, government department, interde‐ partmental 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) (b) (c) (d) (e) (f) (g) the Audit Office: the New Zealand Defence Force: the New Zealand Police: the New Zealand Railways Corporation: the Office of the Clerk of the House of Representatives: the Office of the Ombudsmen: the Office of the Parliamentary Commissioner for the Environment: 3 Part 1 s 5 Crown Organisations (Criminal Liability) Act 2002 Version as at 1 July 2022 (h) (i) (j) the Parliamentary Counsel Office: the Parliamentary Service: the Māori Health Authority 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 Ser‐ vice Act 2020 (2020 No 40).

Section 4 government-related organisation paragraph (j): inserted, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

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

5 6 Act binds Crown This Act binds the Crown.
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 fol‐ lowing offences: (a) (b) (c) (d) an offence against the Building Act 2004: an offence under the Health and Safety at Work Act 2015: an offence against the Resource Management Act 1991: 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).
4 Version as at 1 July 2022 Crown Organisations (Criminal Liability) Act 2002 Part 1 s 8 Section 6(1)(c): added, on 1 October 2009, by section 163(3) of the Resource Management (Simpli‐ fying 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 person‐ ality for the purposes of— (a) (b) (c) (d) 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 the bringing, hearing, and determination of proceedings against it for an offence referred to in section 6; and the imposition of sentence if that organisation is convicted; and 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 (Sim‐ plifying 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 (1) (2) Conduct of proceedings 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.
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 sec‐ tion 6 to the same penalties that could be imposed on any body corporate con‐ victed 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 Part 1 s 9 Crown Organisations (Criminal Liability) Act 2002 Version as at 1 July 2022 (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) 10 This section is subject to section 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) (b) 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 to supply information or make a statement in response to any request or requirement to supply information or make a statement made under— (i) (ii) (iii) (iv) (v) (vi) section 168 of the Health and Safety at Work Act 2015; or section 19 of the Ombudsmen Act 1975; or section 86 or 87 of the Privacy Act 2020; or section 26 of the Public Finance Act 1977; or section 133 of the Crown Entities Act 2004; or 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).
6 Version as at 1 July 2022 Crown Organisations (Criminal Liability) Act 2002 Part 2 s 17 Section 10(1)(b)(v): substituted, on 25 January 2005, by section 37(1) of the Public Finance Amend‐ ment 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 depart‐ ment or Office of Parliament as a consequence of the prosecution of that organ‐ isation 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 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).

7 Part 2 s 18 Crown Organisations (Criminal Liability) Act 2002 Version as at 1 July 2022 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).
8 Version as at 1 July 2022 Crown Organisations (Criminal Liability) Act 2002 Part 2 s 32 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).
9 Notes Crown Organisations (Criminal Liability) Act 2002 Version as at 1 July 2022 Notes 1 General This is a consolidation of the Crown Organisations (Criminal Liability) Act 2002 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments.

This presump‐ tion applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐ lished as an electronic version, is an official version.

A printed version of legis‐ lation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes The Parliamentary Counsel Office makes editorial and format changes to con‐ solidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation Pae Ora (Healthy Futures) Act 2022 (2022 No 30): section 104 Public Service Act 2020 (2020 No 40): sections 110, 135 Privacy Act 2020 (2020 No 31): section 217 Children’s Amendment Act 2018 (2018 No 58): section 10(1) Health and Safety at Work Act 2015 (2015 No 70): section 232 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) Wellington, New Zealand: Published under the authority of the New Zealand Government—2022 10