Crown Organisations (Criminal Liability) Act 2002

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 Health and Safety at Work Act 2015 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 1 October 2009 section 163(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 3(b) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 3(c) amended 31 March 2005 section 414 Building Act 2004
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)
b: includes an organisation named or described in Schedule 4 , or a company named in Schedule 4A Crown organisation interdepartmental venture, departmental agency, departmental agency section 5 government department department as defined in section 5 government-related organisation
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:
j: the Māori Health Authority interdepartmental venture section 5 Office of Parliament section 2(1) Section 4 Crown entity substituted 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 4 Crown entity amended 18 July 2013 section 57 Public Finance Amendment Act 2013 Section 4 Crown organisation amended 7 August 2020 section 110(2) Public Service Act 2020 Section 4 departmental agency inserted 7 August 2020 section 110(3) Public Service Act 2020 Section 4 government department amended 7 August 2020 section 135 Public Service Act 2020 Section 4 government-related organisation inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 interdepartmental venture inserted 7 August 2020 section 110(3) Public Service Act 2020
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
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 Children’s
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 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6(1)﻿(a) substituted 31 March 2005 section 414 Building Act 2004 Section 6(1)﻿(b) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 6(1)﻿(c) added 1 October 2009 section 163(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 6(1)﻿(d) inserted 28 June 2013 section 172(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 6(1)﻿(e) inserted 1 July 2015 section 42(2) Vulnerable Children Act 2014 Section 6(1)﻿(e) amended 21 December 2018 section 10(1) Children's Amendment Act 2018
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 Part 3 Children’s
b: the bringing, hearing, and determination of proceedings against it for an offence referred to in section 6
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 1 October 2009 section 163(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 7(a) amended 21 December 2018 section 10(1) Children's Amendment Act 2018 Section 7(a) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 7(a) amended 1 July 2015 section 42(3) Vulnerable Children Act 2014 Section 7(a) amended 28 June 2013 section 172(3) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
8: Conduct of proceedings
1: Proceedings brought against a Crown organisation for an offence referred to in section 6
2: Proceedings brought against a Crown organisation for an offence referred to in section 6
3: A Crown organisation is liable on conviction for an offence referred to in section 6
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 176 246 section 4(9) Section 8(4) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 8(5) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015
9: Rights and privileges of Crown organisations
1: A Crown organisation that is charged with an offence referred to in section 6
2: This section is subject to section 10
10: Restrictions on privilege against self-incrimination
1: Despite section 9
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
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
ii: section 19
iii: section 86 87
iv: section 26 of the Public Finance Act 1977
v: section 133
vi: clauses 3 4
vii: section 22
c: a request for official information made in accordance with section 12
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 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 10(1)﻿(b)﻿(iii) replaced 1 December 2020 section 217 Privacy Act 2020 Section 10(1)﻿(b)﻿(v) substituted 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 10(1)﻿(b)﻿(vi) amended 7 August 2020 section 135 Public Service Act 2020 Section 10(1)﻿(b)﻿(vii) added 1 October 2009 section 163(6) Resource Management (Simplifying and Streamlining) Amendment Act 2009
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
12: Appropriation
1: Any reparation, compensation, fine, or costs section 6
2: In subsection (1), department section 2(1) Section 12(1) amended 4 April 2016 section 232 Health and Safety at Work Act 2015
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)
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
Section 25 repealed 5 May 2003 section 28(2) Health and Safety in Employment Amendment Act 2002
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)
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)