Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698752035251.pdf (New Zealand)
Reprint as at 28 June 2013 Crown Organisations (Criminal Liability) Act 2002 Public Act Date of assent Commencement 2002 No 37 17 October 2002 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 3 3 4 4 4 5 6 6 7 7 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.
1 Crown Organisations (Criminal Liability) Act 2002 Reprinted as at 28 June 2013 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Safety in Employment Act 1992 Interpretation Application of Act to the Crown Only inspectors to institute prosecutions [Repealed] Other provisions relating to offences Offences by bodies corporate Amendments to Sentencing Act 2002 Interpretation Amendments to Summary Proceedings Act 1957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 8 8 8 8 8 8 8 8 8 8 9 9 9 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.
s 1 26 27 28 29 30 31 32 1 2 2 Reprinted as at 28 June 2013 Crown Organisations (Criminal Liability) Act 2002 Part 1 s 4 3 4 Purpose The purpose of this Act is to— (a) (b) 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): 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: enable injunctions to be granted requiring Crown organ- isations 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).

(c) 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 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 includes an organisation named or described in Sched- ule 4 of the Public Finance Act 1989 (b) Crown organisation means a Crown entity, government de- partment, 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) (b) (c) (d) (e) (f) 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: 3 Part 1 s 5 (g) Crown Organisations (Criminal Liability) Act 2002 Reprinted as at 28 June 2013 the Office of the Parliamentary Commissioner for the Environment: the Parliamentary Counsel Office: the Parliamentary Service (h) (i) 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).

5 Act binds Crown This Act binds the Crown.
Prosecutions against Crown organisations 6 (1) A Crown organisation may be prosecuted (by the bringing of proceedings in the manner provided for in the Summary Proceedings Act 1957) for any of the following offences: an offence against the Building Act 2004: (a) an offence under section 49 or section 50 of the Health (b) and Safety in Employment Act 1992: an offence against the Resource Management Act 1991: an offence against the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.
(c) (d) This section does not affect any liability of a Crown organisa- tion that arises independently of this section to prosecution for an offence.

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).
Legal status of certain Crown organisations A Crown organisation that is not a body corporate has a sep- arate legal personality for the purposes of— (a) compliance with the obligations imposed by the Build- ing Act 2004, the Exclusive Economic Zone and Con- tinental Shelf (Environmental Effects) Act 2012, the (2) 7 4 Reprinted as at 28 June 2013 Crown Organisations (Criminal Liability) Act 2002 Part 1 s 8 Health and Safety in Employment Act 1992, or the Re- source Management Act 1991; 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 con- victed; and the enforcement of any sentence imposed on that organ- isation.
(b) (c) (d) 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 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 of- fence referred to in section 6 must, as far as practicable, be brought, heard, and determined in the same manner as pro- ceedings against a body corporate for an offence of the same kind.

Proceedings brought against a Crown organisation for an of- fence 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 or- ganisation to pay a fine in respect of an offence referred to in section 6.
This section is subject to section 54 of the Health and Safety in Employment Act 1992, sections 77A and 115A of the Sum- mary Proceedings Act 1957, 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).
(5) 5 Part 1 s 9 Crown Organisations (Criminal Liability) Act 2002 Reprinted as at 28 June 2013 Rights and privileges of Crown organisations 9 (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.

This section is subject to section 10.
(2) Restrictions on privilege against self-incrimination 10 (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) (c) (d) to give any evidence or produce any thing at the hear- ing 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) section 31 of the Health and Safety in Employ- ment Act 1992; or section 19 of the Ombudsmen Act 1975; or section 91 of the Privacy Act 1993; or section 26 of the Public Finance Act 1977; or section 133 of the Crown Entities Act 2004; or section 9 or section 10 of the State Sector Act 1988; or section 22 of the Resource Management Act 1991; or (ii) (iii) (iv) (v) (vi) (vii) a request for official information made in accordance with section 12 of the Official Information Act 1982; or to supply information requested by— (i) the Minister of the Crown or other person for the time being responsible for the Crown organisa- tion; or a committee of Parliament.
(ii) 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).
(2) 6 Reprinted as at 28 June 2013 Crown Organisations (Criminal Liability) Act 2002 Part 2 s 16 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.
Appropriation 12 (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.

In subsection (1), department has the same meaning as in section 2(1) of the Public Finance Act 1989.
(2) Part 2 Amendments to other Acts Amendments to Building Act 1991 Interpretation Amendment(s) incorporated in the Act(s).

Act to bind the Crown Amendment(s) incorporated in the Act(s).

Injunctions may be granted by District Court for certain continuing breaches Amendment(s) incorporated in the Act(s).

Liability of principal for acts of agents Amendment(s) incorporated in the Act(s).
13 14 15 16 7 Part 2 s 17 Crown Organisations (Criminal Liability) Act 2002 Reprinted as at 28 June 2013 New section 82A inserted Amendment(s) incorporated in the Act(s).

Service of documents Amendment(s) incorporated in the Act(s).

Amendments to Costs in Criminal Cases Act 1967 Interpretation Amendment(s) incorporated in the Act(s).

Costs of the prosecutor Amendment(s) incorporated in the Act(s).

Payment of defendant’s costs Amendment(s) incorporated in the Act(s).
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 Interpretation Amendment(s) incorporated in the Act(s).

Application of Act to the Crown Amendment(s) incorporated in the Act(s).

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).

8 Reprinted as at 28 June 2013 Crown Organisations (Criminal Liability) Act 2002 Part 2 s 32 27 28 29 Offences by bodies corporate Amendment(s) incorporated in the Act(s).

Amendments to Sentencing Act 2002 Interpretation Amendment(s) incorporated in the Act(s).

Amendments to Summary Proceedings Act 1957 Interpretation Amendment(s) incorporated in the Act(s).
30 Mode of service of documents on defendant Amendment(s) incorporated in the Act(s).

31 32 Stay of proceedings Amendment(s) incorporated in the Act(s).

Informant’s right of appeal against sentence Amendment(s) incorporated in the Act(s).
9 Notes Crown Organisations (Criminal Liability) Act 2002 Reprinted as at 28 June 2013 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) The reprint incorporates all General This is a reprint of the Crown Organisations (Criminal the Liability) Act 2002. amendments to the Act as at 28 June 2013, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

How reprints are prepared editorial A number in the preparation of enacting words are of conventions reprints.

not included are For example, in Acts, followed the and 5 Notes 1 2 3 10 Reprinted as at 28 June 2013 Crown Organisations (Criminal Liability) Act 2002 Notes that are repealed or revoked are omitted.
provisions For a detailed list of see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 11 • • • • Notes Crown Organisations (Criminal Liability) Act 2002 Reprinted as at 28 June 2013 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent first) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72): section 172 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) 12 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013