Crown Proceedings Act 1950

1: Short Title and commencement
This Act may be cited as the Crown Proceedings Act 1950 and shall come into force on 1 January 1952.
2: Interpretation
1: In this Act, unless the context otherwise requires,— agent Attorney-General section 14 civil proceedings or proceedings by way of an application for review under the Judicial Review Procedure Act 2016 Commonwealth court Supreme Court the High Court the District Court constituted under the District Court Act 2016 Disputes Tribunal Act 1988 Te Ture Whenua Maori Act 1993 government department department
a: means Public Trust and every other department or instrument of the Executive Government of New Zealand; and
b: includes the Māori Trustee member of a visiting force New Zealand armed forces officer the Sovereign District Court Judge Community Magistrate, order proceedings against the Crown servant the Sovereign District Court Judge Community Magistrate, service aircraft Civil Aviation Act 1990 ship the Sovereign the Crown the Sovereign visiting force
2: Any reference in this Act to the Crown, in relation to any civil proceedings, or in relation to any order or judgment debt or costs in connection with any civil proceedings, shall be construed as including a reference to the Attorney-General or any government department or officer of the Crown where the Attorney-General, department, or officer is a party or third party to the proceedings in accordance with section 14 provided that the Attorney-General shall not be deemed to be the Crown in relation to any proceedings by reason only of the fact that the proceedings are brought by the Attorney-General upon the relation of some other person. 1908 No 34 s 2 1945 No 40 ss 19 20 Crown Proceedings Act 1947 s 38 (UK) Section 2(1) civil proceedings amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 2(1) civil proceedings amended 20 October 1972 section 14(1) Judicature Amendment Act 1972 Section 2(1) court amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) court amended 1 January 2004 section 48(1) Supreme Court Act 2003 Section 2(1) court amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 2(1) court amended 1 April 1980 section 2(3) District Courts Amendment Act 1979 Section 2(1) government department department replaced 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 2(1) officer amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 2(1) officer amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 2(1) servant inserted 2 October 1958 Crown Proceedings Amendment Act 1958 Section 2(1) servant amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 2(1) servant amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 2(1) service aircraft replaced 1 September 1990 section 101(3) Civil Aviation Act 1990
1: Substantive law
3: Claims enforceable by or against the Crown under this Act
1: Subject to the provisions of this Act and any other Act, all debts, damages, duties, sums of money, land, or goods, due, payable or belonging to the Crown shall be sued for and recovered by proceedings taken for that purpose in accordance with the provisions of this Act: provided that nothing in this subsection shall interfere with or restrict any special power or authority vested in the Crown, or in any person on its behalf, with respect to all or any of the matters mentioned in this subsection.
2: Subject to the provisions of this Act and any other Act, any person (whether a subject of the Sovereign
a: the breach of any contract or trust:
b: any wrong or injury for which the Crown is liable in tort under this Act or under any other Act which is binding on the Crown:
c: any cause of action, in respect of which a claim or demand may be made against the Crown under this Act or under any other Act which is binding on the Crown, and for which there is not another equally convenient or more convenient remedy against the Crown:
d: any cause of action, which is independent of contract, trust, or tort, or any Act, for which an action for damages or to recover property of any kind would lie against the Crown if it were a private person of full age and capacity, and for which there is not another equally convenient or more convenient remedy against the Crown:
e: any other cause of action in respect of which a petition of right would lie against the Crown at common law or in respect of which relief would be granted against the Crown in equity. 1908 No 34 s 3; 1910 No 54 ss 3, 4; Crown Proceedings Act 1947 s 1 (UK)
4: Limitation of actions by or against the Crown
This Act is subject to the Limitation Act 2010
a: limits the time before which, or provides for the determination or fixing of the time before which, or period within which, civil proceedings may be brought by or against the Crown; or
b: prescribes a limitation period or other limitation defence for civil proceedings by or against the Crown. 1908 No 34 s 37 Section 4 replaced 1 January 2011 section 58 Limitation Act 2010
5: Liability of the Crown under other Acts
1: Except as expressly provided by this Act or any other Act, this Act shall not be construed so as to make any Act binding upon the Crown which would not otherwise be so binding, or so as to impose any liability on the Crown by virtue of any Act which is not binding on the Crown.
2: The enactments mentioned in Schedule 1 1910 No 54 s 7
6: Liability of the Crown in tort
1: Subject to the provisions of this Act and any other Act, and except as provided in subsection (4A) or (4B)
a: in respect of torts committed by its servants or agents;
b: in respect of any breach of those duties which a person owes to his or her servants or agents at common law by reason of being their employer; and
c: in respect of any breach of the duties attaching at common law to the ownership, occupation, possession, or control of property: provided that no proceedings shall lie against the Crown by virtue of paragraph (a) in respect of any act or omission of a servant or agent of the Crown unless the act or omission would apart from the provisions of this Act have given rise to a cause of action in tort against that servant or agent or his or her estate.
2: Where the Crown is bound by a statutory duty which is binding also upon persons other than the Crown and its officers, then, subject to the provisions of this Act, the Crown shall, in respect of a failure to comply with that duty, be subject to all those liabilities in tort (if any) to which it would be so subject if it were a private person of full age and capacity.
3: Where any functions are conferred or imposed upon an officer of the Crown as such either by any rule of the common law or by statute, and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the Crown in respect of the tort shall be such as they would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the Crown.
4: Except as provided in subsection (4A) or (4B)
4A: Despite certain Crown servants being immune from liability under section 104
a: a court may find the Crown itself liable in tort in respect of the actions or omissions of those servants; and
ab: in relation to delegates performing functions or exercising powers of the chief executive under the Oranga Tamariki Act 1989
b: for the purpose of determining whether the Crown is so liable, the court must disregard the immunity in section 104
4B: Despite specified persons being immune from liability under section 351
a: a court may find the Crown itself liable in tort in respect of the actions or omissions of those persons; and
b: for the purpose of determining whether the Crown is so liable, the court must disregard the immunity in section 351
5: No proceedings shall lie against the Crown by virtue of this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him or her, or any responsibilities which he or she has in connection with the execution of judicial process. 1910 No 54 ss 3(c), 4; Crown Proceedings Act 1947 s 2 (UK) Section 6(1) amended 1 March 2016 section 447 Food Act 2014 Section 6(1) amended 18 July 2013 section 62(2) State Sector Amendment Act 2013 Section 6(4) amended 1 March 2016 section 447 Food Act 2014 Section 6(4) amended 18 July 2013 section 62(3) State Sector Amendment Act 2013 Section 6(4A) inserted 18 July 2013 section 62(4) State Sector Amendment Act 2013 Section 6(4A) amended 7 August 2020 section 135 Public Service Act 2020 Section 6(4A)﻿(ab) inserted 1 April 2017 section 11 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 6(4A)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 6(4B) inserted 1 March 2016 section 447 Food Act 2014
7: Provisions as to industrial property
1: Where after the commencement of this Act any servant or agent of the Crown infringes a patent, a registered trade mark, or any copyright in a design, subsisting under the Patents Act 2013 Designs Act 1953 Trade Marks Act 2002
2: Nothing in subsection (1) or in any other provision of this Act affects the rights of any Government Department under subpart 6 sections 16 to 18
3: Save as expressly provided by this section, no proceedings shall lie against the Crown by virtue of this Act in respect of the infringement of a patent, a registered trade mark, or of any such copyright as is mentioned in subsection (1). Crown Proceedings Act 1947 s 3 (UK) Section 7(1) amended 13 September 2014 section 249 Patents Act 2013 Section 7(1) amended 20 August 2003 section 201 Trade Marks Act 2002 Section 7(1) amended 1 January 1955 section 52(1) Designs Act 1953 Section 7(2) replaced 13 September 2014 section 249 Patents Act 2013
8: Application of law as to indemnity, contribution, and joint and several tortfeasors
1: Where the Crown is subject to any liability by virtue of this Part, the law relating to indemnity and contribution shall be enforceable by or against the Crown in respect of the liability to which it is so subject as if the Crown were a private person of full age and capacity.
2: Without prejudice to the effect of the last preceding subsection, Part 5 Crown Proceedings Act 1947 s 4 (UK)
9: Crown not liable to pay compensation or damages for death or disablement of members of New Zealand armed forces where pension may be claimed
1:
2:
2A:
3: Where any claim is made against the Crown in respect of any damage, loss, or injury sustained or alleged to have been sustained by or through or in connection with the use of any service aircraft, the provisions of section 97 section 3 as if the applicable provisions of that Act and of any rules made under that Act (if any) have been complied with 1940 No 24 s 10; 1945 No 40 s 22(2) Crown Proceedings Act 1947 s 10 (UK) Section 9 heading replaced 14 December 1962 section 2 Crown Proceedings Amendment Act 1962 Section 9(1) repealed 7 December 2014 section 278 Veterans’ Support Act 2014 Section 9(2) repealed 7 December 2014 section 278 Veterans’ Support Act 2014 Section 9(2A) repealed 7 December 2014 section 278 Veterans’ Support Act 2014 Section 9(3) replaced 1 September 1990 section 101(3) Civil Aviation Act 1990 Section 9(3) amended 28 November 1991 section 12 Civil Aviation Amendment Act 1991
10: Claims in respect of visiting forces
Section 10 repealed 1 July 2004 section 26 Visiting Forces Act 2004
11: Saving in respect of acts done under prerogative and statutory powers
1: Except as expressly provided in this Part, nothing in this Part shall extinguish or abridge any powers or authorities which, if this Act had not been passed, would have been exercisable by virtue of the prerogative of the Crown, or any powers or authorities conferred on the Crown by any statute, and, in particular, nothing in this Part shall extinguish or abridge any powers or authorities exercisable by the Crown, whether in time of peace or of war, for the purpose of the defence of the realm or of training, or maintaining the efficiency of, any of the armed forces of New Zealand or of any part of the Commonwealth.
2: Where in any proceedings under this Act it is material to determine whether anything was properly done or omitted to be done in the exercise of the prerogative of the Crown, the Minister of Defence, if satisfied that the act or omission was necessary for any such purpose as is mentioned in the last preceding subsection, may issue a certificate to the effect that the act or omission was necessary for that purpose, and the certificate shall, in those proceedings, be conclusive as to the matter so certified. Crown Proceedings Act 1947 s 11 (UK)
2: Jurisdiction, procedure, and judgments
12: Civil proceedings by or against the Crown
1: Subject to the provisions of this Act or any other Act, all civil proceedings which must be taken by, or may be brought against, the Crown under this Act may be commenced, heard, and determined in the same court and in like manner in all respects as in suits between subject and subject.
2: All such civil proceedings by or against the Crown as are mentioned in Schedule 2 1908 No 34 ss 25, 36; 1945 No 40 s 23(2) Crown Proceedings Act 1947 ss 13, 15, 23 (UK)
13: Interpleader
Without limiting any other provisions of this Act, it is hereby declared that the Crown may obtain relief by way of interpleader proceedings, and may be made a party to such proceedings, in the manner in which a subject may obtain relief by way of such proceedings or be made a party thereto, and may be made a party to such proceedings notwithstanding that the application for relief is made by a sheriff or bailiff or other like officer; and all rules of court relating to interpleader proceedings shall, subject to the provisions of this Act, have effect accordingly. Crown Proceedings Act 1947 s 16 (UK)
14: Method of making Crown a party to proceedings
1: Subject to the provisions of this Act and any other Act, civil proceedings under this Act by the Crown may be instituted by—
a: the appropriate government department in its own name if the department has power to sue apart from this section; or
b: the appropriate officer of the Crown in the name in which he or she may sue on behalf of the Crown or of any government department if the officer has power to sue on behalf of the Crown or of any government department apart from this section; or
c: the Attorney-General if there is no such appropriate department or officer or if the Attorney-General has any reasonable doubt whether any and, if so, which department or officer is appropriate; or
d: any 2 or more of them jointly.
2: Subject to the provisions of this Act and any other Act, civil proceedings under this Act against the Crown shall be instituted against—
a: the appropriate government department in its own name if the department may be sued apart from this section; or
b: the appropriate officer of the Crown in the name in which he or she may be sued on behalf of the Crown or of any government department if the officer may be sued on behalf of the Crown or of any government department apart from this section; or
c: the Attorney-General if there is no such appropriate department or officer or if the person instituting the proceedings has any reasonable doubt whether any and, if so, which department or officer is appropriate; or
d: any 2 or more of them jointly.
3: The Crown may be joined as a plaintiff to any civil proceedings to which it could be a plaintiff under this Act by joining as a plaintiff—
a: any government department by which, or officer of the Crown by whom, the proceedings could be instituted under subsection (1); or
b: the Attorney-General if there is no such department or officer or if the person seeking to join the Crown as a plaintiff has any reasonable doubt whether any and, if so, which department or officer should be so joined; or
c: any 2 or more of them jointly.
4: The Crown may be joined as a defendant or third party to any civil proceedings to which it could be a defendant under this Act by joining as a defendant or third party—
a: any government department against which, or officer of the Crown against whom, the proceedings could be instituted under subsection (2); or
b: the Attorney-General if there is no such department or officer or if the person seeking to join the Crown as a defendant or third party has any reasonable doubt whether any and, if so, which department or officer should be so joined; or
c: any 2 or more of them jointly.
5: Where any civil proceedings against the Crown under this Act are instituted against the Attorney-General or the Attorney-General is joined as a party or third party to any such proceedings, an application may at any stage of the proceedings be made to the court by or on behalf of the Attorney-General to have 1 or more of the government departments or officers of the Crown against which or against whom the proceedings could have been instituted under subsection (2) substituted for him or her as a party or third party to the proceedings; and where any such proceedings are brought against any such government department or officer, or where any such department or officer is joined as a party or third party to any such proceedings, an application may at any stage of the proceedings be made to the court on behalf of the department or officer to have the Attorney-General or any such department or officer substituted for the applicant as a party or third party to the proceedings. Upon any such application the court may if it thinks fit make an order granting the application on such terms as the court thinks just, and the proceedings shall continue accordingly.
6: No proceedings instituted in accordance with this Act to which the Attorney-General or any government department or officer of the Crown is a party or third party shall abate or be affected by any change in the person holding the office of Attorney-General or any other office in the government service or in the person or body of persons constituting the department.
7: Where the Attorney-General or any government department or officer of the Crown is a party or third party to any proceedings in accordance with this section, any order of the court against or in favour of the Crown in those proceedings shall be made against or in favour of the Attorney-General or the department or officer as the case may be. 1908 No 34 s 15; Crown Proceedings Act 1947 s 17 (UK)
15: Recovery in
District Court
1: Any debt or damages payable to the Crown and not exceeding $500 the District Court
1A: The Attorney-General or the Solicitor-General may from time to time delegate the power of appointment conferred by subsection (1) High Court
1B: Where any Crown Counsel purports to act pursuant to any delegation under this section he or she shall be presumed to be acting in accordance with the delegation in the absence of proof to the contrary.
1C: Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of the power of appointment by the Attorney-General or the Solicitor-General.
1D: Until any such delegation is revoked it shall continue in force according to its tenor. In the event of the Attorney-General or Solicitor-General by whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding office as Attorney-General or Solicitor-General, as the case may be.
1E: Any warrant of appointment under the foregoing provisions of this section may relate to 1 or more debts or claims for damages, or to all debts and claims for damages, or to any class or classes of debts or claims for damages or both.
1F: Where, pursuant to any warrant of appointment under the foregoing provisions of this section, any person sues on behalf of the Crown for any debt or damages, he or she shall evidence his or her authority in that behalf by filing in the proceedings either—
a: the warrant relating to his or her appointment; or
b: a certificate by him or her as to his or her appointment and as to the non-revocation of his or her warrant of appointment.
1G: In any proceedings for the recovery of a debt or damages, being proceedings in which a warrant of appointment is so filed, if the warrant purports to have been given within 1 year of the date on which it is filed and relates only to the debt or damages sought to be recovered, it shall be presumed, in the absence of proof to the contrary, that the warrant has not been revoked.
1H: In any proceedings for the recovery of a debt or damages, being proceedings in which a certificate is so filed, the certificate shall, in the absence of proof to the contrary, be sufficient evidence of the matters therein stated regarding the appointment and the non-revocation of the warrant.
1I: Every person commits an offence and is liable on
2: Every person so appointed to sue on behalf of the Crown shall sue in his or her own name with the addition of the words suing on behalf of the Crown
3: Nothing in this section shall be so construed as to prevent the recovery of moneys payable to the Crown in any manner in which those moneys are recoverable independently of this section. 1910 No 54 s 10 Section 15 heading amended 8 November 1974 Crown Proceedings Amendment Act 1974 Section 15 heading amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 15(1) amended 1 March 2017 section 261 District Court Act 2016 Section 15(1) amended 8 November 1974 Crown Proceedings Amendment Act 1974 Section 15(1A) inserted 23 October 1969 Crown Proceedings Amendment Act 1969 Section 15(1A) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 15(1B) inserted 23 October 1969 Crown Proceedings Amendment Act 1969 Section 15(1C) inserted 23 October 1969 Crown Proceedings Amendment Act 1969 Section 15(1D) inserted 23 October 1969 Crown Proceedings Amendment Act 1969 Section 15(1E) inserted 8 November 1974 Crown Proceedings Amendment Act 1974 Section 15(1F) inserted 8 November 1974 Crown Proceedings Amendment Act 1974 Section 15(1G) inserted 8 November 1974 Crown Proceedings Amendment Act 1974 Section 15(1H) inserted 8 November 1974 Crown Proceedings Amendment Act 1974 Section 15(1I) inserted 8 November 1974 Crown Proceedings Amendment Act 1974 Section 15(1I) amended 1 July 2013 section 413 Criminal Procedure Act 2011
16: Service of documents and time for filing defence by Crown
1: In any civil proceedings instituted against the Attorney-General, or to which the Attorney-General is joined as a party or third party, as aforesaid, the first document required to be served on him or her , and any other document required to be served before an address for service has been given by him or her, shall be served on the Attorney-General by delivering it to the Solicitor-General or by leaving it at the office of the Solicitor-General in Wellington
2: In any civil proceedings against the Crown under this Act the time to be allowed in any writ or summons for the filing of a statement of defence or notice of intention to defend shall be not less than 28 days, or such further time as the court may allow.
3: 1908 No 34 ss 27, 28; Crown Proceedings Act 1947 s 18 (UK) Section 16(1) amended 1 July 1992 section 22(1) District Courts Amendment Act 1991 Section 16(3) repealed 1 July 1992 section 22(2) District Courts Amendment Act 1991
17: Nature of relief
1: In any civil proceedings under this Act by or against the Crown or to which the Crown is a party or third party the court shall, subject to the provisions of this Act and any other Act, have power to make all such orders as it has power to make in proceedings between subjects, and otherwise to give such appropriate relief as the case may require: provided that—
a: where in any proceedings against the Crown any such relief is sought as might in proceedings between subjects be granted by way of injunction or specific performance, the court shall not grant an injunction or make an order for specific performance, but may instead make an order declaratory of the rights of the parties; and
b: in any proceedings against the Crown for the recovery of land or other property, the court shall not make an order for the recovery of the land or the delivery of the property, but may instead make an order declaring that any person is entitled as against the Crown to the land or property or to the possession thereof.
2: The court shall not in any civil proceedings grant any injunction or make any order against an officer of the Crown if the effect of granting the injunction or making the order would be to give any relief against the Crown which could not have been obtained in proceedings against the Crown. 1908 No 34 s 30; Crown Proceedings Act 1947 s 21 (UK)
18: Appeals, stay of execution, and costs
Subject to the provisions of this Act, all enactments and rules of court relating to appeals and stay of execution shall, with any necessary modifications, apply to civil proceedings by or against the Crown under this Act as they apply to proceedings between subjects; and the costs of suit shall follow on either side as in ordinary cases between other suitors: provided that the Crown shall not be required under any rule of court or order to deposit or give security for the costs of any other party. 1908 No 34 s 30; Crown Proceedings Act 1947 s 22 (UK)
19: Interest on debts, costs, etc
1: Any judgment debt due from or to the Crown shall carry interest if it would carry interest if it were due from or to a subject, and any interest so payable shall be at the rate at which it would be payable if the judgment debt were due from or to a subject.
2: Any costs awarded to or against the Crown shall carry interest if the costs would carry interest if they were awarded to or against a subject, and any interest so payable shall be at the rate at which it would be payable by a subject.
3: Any judgment in any civil proceedings by or against the Crown may award interest to any party to whom interest could be awarded if the proceedings were between subjects at the rate at which interest could be so awarded.
4: This section shall apply both in relation to proceedings pending at the commencement of this Act and in relation to proceedings instituted thereafter. Crown Proceedings Act 1947 s 24 (UK) Judgments for fines and on recognisances
20: Recovery of fines imposed otherwise than by judgment or conviction
1: Notwithstanding the foregoing provisions of this Act, where a fine is imposed upon any person otherwise than by a judgment or conviction of some court, and no other procedure is provided by any Act or rule of court for the recovery of the fine, a Judge or District Court Judge form 1 High Court $10
2: Every such judgment may be in form 2 1908 No 34 s 4 Section 20(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 20(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979
21: Recovery of debts due upon recognisance
Section 21 repealed 8 September 2018 section 33 Statutes Amendment Act 2018
22: Barristers or solicitors may be appointed to act for Attorney-General in each district
1: The Governor-General may from time to time appoint for a district High Court section 20
2: On the appointment of a person being made and published in the Gazette
a: certificates under section 20
b: the person must cause final judgment to be signed in accordance with section 20 1908 No 34 s 6 Section 22(1) amended 8 September 2018 section 34(1) Statutes Amendment Act 2018 Section 22(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 22(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 22(2) replaced 8 September 2018 section 34(2) Statutes Amendment Act 2018
23: Judgments for fines
High Court Where final judgment has been signed under the provisions of section 20 High Court provided that such an order shall not be made except upon notice calling upon the Attorney-General to show cause; nor unless it is proved by affidavit to the satisfaction of the High Court 1908 No 34 s 7 Section 23 heading amended 8 September 2018 section 35(1) Statutes Amendment Act 2018 Section 23 heading amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 23 amended 8 September 2018 section 35(2) Statutes Amendment Act 2018 Section 23 amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 23 proviso amended 1 April 1980 section 12 Judicature Amendment Act 1979
3: Execution
24: Satisfaction of orders against the Crown
1: Except as provided in this section, no execution or attachment or process in the nature thereof shall be issued out of any court for enforcing satisfaction by the Crown, or by the Attorney-General, or any government department or officer of the Crown of any order made in any civil proceedings under this Act.
2: Where in any civil proceedings any order (whether for costs or otherwise) is made by the court in favour of any person against the Crown or the Attorney-General or any government department or officer of the Crown, and the person in whose favour the order is made so requests, the proper officer of the court shall issue to that person, without payment of any fee, a certificate in form 5 provided that, if the order provides for the payment of money, the court by which the order is made or any court to which an appeal against the order lies may direct that, pending an appeal or otherwise, payment of the money so payable, or any part thereof, shall be suspended, and (if the certificate has not been issued) may order any such directions to be inserted therein.
3: On receipt of any such certificate the Governor-General
4: A department that has paid money under this section must include in its annual financial statements a statement showing the total of all amounts paid under this section in the relevant financial year. 1908 No 34 ss 31, 32; Crown Proceedings Act 1947 s 25 (UK) Section 24(3) amended 8 September 2018 section 36(1) Statutes Amendment Act 2018 Section 24(4) replaced 8 September 2018 section 36(2) Statutes Amendment Act 2018
25: Execution by the Crown
1: Subject to the provisions of this Act and any other Act, any order made in favour of the Crown against any person in any civil proceedings may be enforced in the same manner as an order made between subjects is enforced, and not otherwise. This subsection shall apply both in relation to proceedings pending at the commencement of this Act and in relation to proceedings instituted thereafter.
2: Nothing in this section shall affect any procedure which immediately before the commencement of this Act was available for enforcing an order made in favour of the Crown in proceedings brought by the Crown for the forfeiture or condemnation of any goods, or the forfeiture of any ship or any share in a ship. 1908 No 34 ss 19, 20; Crown Proceedings Act 1947 s 26 (UK)
26: Attachment of money payable by the Crown
Any person who has obtained an order for the payment of money may take proceedings, in accordance with rules of court, to obtain payment to him or her of the amount of any debt payable by or accruing due from the Crown to the person against whom the order was made, or so much thereof as may be sufficient to satisfy the order and the costs of the garnishee proceedings; and in any such case the court may make any order in respect of the amount payable by or accruing due from the Crown which it would be entitled to make if the whole proceedings were between subjects: provided that, except as provided in any other Act, no such order shall be made in respect of—
a: any wages, salary, honorarium, allowances, or expenses payable to any officer of the Crown as such:
b: any money which is subject to the provisions of any enactment prohibiting or restricting assignment or charging or taking in execution. 1947 No 16 s 96
4: Miscellaneous and supplemental
Miscellaneous
27: Discovery
1: Subject to and in accordance with rules of court,—
a: in any proceedings (other than criminal proceedings)
b: in any such proceedings as aforesaid the Crown may be required by the court to make discovery of documents and produce documents for inspection if the Crown could be required to do so if it were a private person of full age and capacity: provided that this section shall be without prejudice to any rule of law which authorises or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.
2: Any order of the court made under the powers conferred by paragraph (a) of the last preceding subsection shall direct by what officer of the Crown the interrogatories are to be answered.
3: Without prejudice to the proviso to subsection (1), any rules made for the purposes of this section shall be such as to secure that the existence of a document will not be disclosed if—
a: the Prime Minister certifies that the disclosure of the existence of that document would be likely to prejudice—
i: the security or defence of New Zealand or the international relations of the Government of New Zealand; or
ii: any interest protected by section 7
b: the Attorney-General certifies that the disclosure of the existence of that document would be likely to prejudice the prevention, investigation, or detection of offences. Crown Proceedings Act 1947 s 28 (UK) Section 27(1)﻿(a) amended 1 July 1983 Crown Proceedings Amendment Act 1982 Section 27(3) replaced 1 July 1983 Crown Proceedings Amendment Act 1982
28: Exclusion of proceedings
in rem
1: Nothing in this Act shall authorise proceedings in rem the Sovereign his or her
2: Where proceedings in rem High Court in personam Crown Proceedings Act 1947 s 29 (UK) Section 28(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979
29: Application to the Crown of certain statutory provisions
1: This Act shall not prejudice the right of the Crown to take advantage of the provisions of an Act although not named therein; and it is hereby declared that in any civil proceedings against the Crown the provisions of any Act which could, if the proceedings were between subjects, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to any express provision to the contrary, be so relied upon by the Crown.
2: Section 40 section 210 High Court District Court Judge High Court in the District Court Crown Proceedings Act 1947 s 31 (UK) Section 29(2) amended 1 March 2017 section 261 District Court Act 2016 Section 29(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 29(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Supplemental
30: Rules about the Crown’s participation in civil proceedings, etc
A provision in another Act that empowers the making of rules about civil proceedings also empowers the making of rules for 1 or more of the following purposes:
a: providing for the Crown’s participation in civil proceedings:
b: in civil proceedings by the Crown for the recovery of taxes, duties, or penalties, providing that the defendant is not entitled to a set-off or counterclaim:
c: in other civil proceedings by the Crown, providing that the defendant is not entitled to a set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, duties, or penalties:
d: in civil proceedings by or against the Crown, providing that the defendant is not entitled, without the court’s leave, to a set-off or counterclaim if the subject matter of the set-off or counterclaim does not relate to the subject matter of the proceedings:
e: providing that the Crown is not entitled to a set-off or counterclaim without the court’s leave. Section 30 replaced 8 September 2018 section 37 Statutes Amendment Act 2018
31: General rules to apply in the absence of special rules
Subject to the provisions of this Act and any other Act, and to any rules made pursuant to the last preceding section, the laws, statutes, and rules for the time being in force as to pleading, joinder of parties, third party procedure, evidence, hearing and trial, amendment, arbitration, special cases, the means of procuring and taking evidence, set-off, appeal, and all other laws, statutes, and rules for the time being available as between plaintiffs and defendants in personal actions between subjects, and the practice and course of procedure of the court in its legal and equitable jurisdiction respectively for the time being in reference to such suits and personal actions, shall, unless the court otherwise orders, be applicable and apply and extend to civil proceedings by or against the Crown. 1908 No 34 s 34
32: Crown proceedings in the Cook Islands
Amendment(s) incorporated in the Act(s)
33: Crown proceedings in Western Samoa
Section 33 repealed 1 January 1962 section 10(1) Western Samoa Act 1961
34: Repeals and savings
1: The enactments specified in Schedule 4
2: All appointments, rules, orders, warrants, records, instruments, and generally all acts of authority which originated under any of the said enactments, or under the corresponding provisions of any former enactment, and are subsisting or in force at the commencement of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.
3: All matters and proceedings commenced under any such enactment and pending or in progress at the commencement of this Act may be continued and completed under the said enactments in all respects as if the said enactments continued in force.
35: Saving of certain rights, etc
1: Nothing in this Act shall apply to or authorise proceedings by or against the Sovereign his or her
2: Except as therein otherwise expressly provided, nothing in this Act shall—
a: affect the law relating to prize salvage, or apply to proceedings in causes or matters within the jurisdiction of the High Court
b: authorise proceedings to be taken against the Crown under or in accordance with this Act in respect of any alleged liability of the Crown arising otherwise than in respect of the Sovereign's
c: affect any proceedings by the Crown otherwise than in right of the Sovereign's
d: subject the Crown to any greater liabilities in respect of the acts or omissions of any independent contractor employed by the Crown than those to which the Crown would be subject in respect of the acts or omissions if the Crown were a private person; or
e: subject the Crown to any liability in respect of the acts or omissions of any medical practitioner, pharmaceutical chemist, midwife, obstetric nurse under the Social Security Act 2018 obstetric nurse
f: subject the Crown, in its capacity as a highway authority, to any greater liability than that to which a local authority is subject in that capacity; or
g: interfere with or affect any Act that now is or hereafter may be in force whereby the Crown, or any of its officers and servants, is exempt from liability for anything done under the Act or affect any power, authority, or liability vested in or imposed upon the Crown or any of its officers or servants under any such Act; or
h: affect any right of the Crown to control or otherwise intervene in proceedings affecting the Crown's rights, property, or profits; or
i:
j: affect any liability imposed on the Māori Trustee a Crown Bank Account the Māori Trustee Act 1953
k: affect any liability imposed on the Government Insurance Commissioner, the Government Insurance Department, or on a Crown Bank Account Government Life Insurance Act 1908
l: affect any liability imposed on the State Fire Insurance General Manager or the State Fire Insurance Department or on the public revenues of New Zealand by the State Fire Insurance Act 1908 or by the Government Life Insurance Act 1908.
m:
3: A certificate of the Attorney-General—
a: to the effect that any alleged liability of the Crown arises otherwise than in respect of the Sovereign's
b: to the effect that any proceedings by the Crown are proceedings otherwise than in right of the Sovereign's shall, for the purposes of this Act, be conclusive as to the matter so certified.
4: Where any property vests in the Crown by virtue of any rule of law which operates independently of the acts or the intentions of the Crown, the Crown shall not by virtue of this Act be subject to any liabilities in tort by reason only of the property being so vested; but the provisions of this subsection shall be without prejudice to the liabilities of the Crown under this Act in respect of any period after the Crown or any person acting for the Crown has in fact taken possession or control of any such property, or entered into occupation thereof.
5: This Act shall not operate to limit the discretion of the court to grant relief by way of mandamus in cases in which such relief might have been granted before the commencement of this Act, notwithstanding that by reason of the provisions of this Act some other and further remedy is available. 1908 No 34 s 39; Crown Proceedings Act 1947 s 40 (UK) Section 35(2)﻿(a) amended 1 April 1980 Judicature Amendment Act 1979 Section 35(2)﻿(e) amended 26 November 2018 section 459 Social Security Act 2018 Section 35(2)﻿(e) amended 1 January 1978 Nurses Act 1977 Section 35(2)﻿(i) repealed 1 March 2002 section 170(1) Public Trust Act 2001 Section 35(2)﻿(j) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 35(2)﻿(j) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 35(2)﻿(j) amended 1 April 1954 section 53(1) Māori Trustee Act 1953 Section 35(2)﻿(k) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 35(2)﻿(m) repealed 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019