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:

Subject to the provisions of this Act and any other Act, any person (whether a subject of the Sovereign or not) may enforce as of right, by civil proceedings taken against the Crown for that purpose in accordance with the provisions of this Act, any claim or demand against the Crown in respect of any of the following causes of action:

This Act is subject to the Limitation Act 2010, and to any other enactment that—

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.

The enactments mentioned in Schedule 1 shall bind the Crown.

Subject to the provisions of this Act and any other Act, and except as provided in subsection (4A) or (4B), the Crown shall be subject to all those liabilities in tort to which, if it were a private person of full age and capacity, it would be subject—

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.

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.

Except as provided in subsection (4A) or (4B), any enactment which negatives or limits the amount of the liability of any government department or officer of the Crown in respect of any tort committed by that department or officer shall, in the case of proceedings against the Crown under this section in respect of a tort committed by that department or officer, apply in relation to the Crown as it would have applied in relation to that department or officer if the proceedings against the Crown had been proceedings against that department or officer.

Despite certain Crown servants being immune from liability under section 104 of the Public Service Act 2020,—

Despite specified persons being immune from liability under section 351 of the Food Act 2014,—

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.

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 or the Designs Act 1953 or the Trade Marks Act 2002, and the infringement is committed with the authority of the Crown, then, subject to the provisions of this Act, civil proceedings in respect of the infringement shall lie against the Crown.

Nothing in subsection (1) or in any other provision of this Act affects the rights of any Government Department under subpart 6 of Part 4 of the Patents Act 2013 or sections 16 to 18 of the Designs Act 1953.

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).

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.

Without prejudice to the effect of the last preceding subsection, Part 5 of the Law Reform Act 1936 (which relates to proceedings against, and contribution between, joint and several tortfeasors) shall bind the Crown.

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.

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.

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.

All such civil proceedings by or against the Crown as are mentioned in Schedule 2 are hereby abolished.

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.

Subject to the provisions of this Act and any other Act, civil proceedings under this Act by the Crown may be instituted by—

Subject to the provisions of this Act and any other Act, civil proceedings under this Act against the Crown shall be instituted against—

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—

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—

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.

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.

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.

Any debt or damages payable to the Crown and not exceeding $500 may be sued for and recovered in the District Court on behalf of the Crown by and at the suit of any person appointed in that behalf by a warrant under the hand of the Attorney-General or the Solicitor-General, and judicial notice shall be taken of the signature of any such warrant.

The Attorney-General or the Solicitor-General may from time to time delegate the power of appointment conferred by subsection (1) to a barrister or solicitor of the High Court holding an appointment as Crown Counsel in the office of the Solicitor-General, and judicial notice shall be taken of the signature of any such barrister or solicitor.

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.

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.

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.

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.

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—

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.

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.

Every person commits an offence and is liable on conviction to a fine not exceeding $100 who wilfully or negligently signs any such certificate if the certificate is false in a material respect.

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”, or words to the like effect.

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.

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.

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.

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:

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.

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:

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.

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.

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.

This section shall apply both in relation to proceedings pending at the commencement of this Act and in relation to proceedings instituted thereafter.

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 of the court by which the fine was imposed shall, if the same is not immediately paid, by writing under his or her hand in form 1 of Schedule 3 or to the like effect, certify the fact, together with the name and place of abode or business of the person on whom the fine was imposed, and the cause and amount of the fine, and shall deliver or send by post the writing to the Attorney-General, who, upon receipt thereof, shall cause a final judgment to be signed in the High Court for the amount of the fine, and a sum not exceeding $10 for costs.

Every such judgment may be in form 2 of Schedule 3, or to the like effect, and no appeal shall lie therefrom.

The Governor-General may from time to time appoint for a district a person, being a barrister or solicitor of the High Court, to act in the district for which the person is appointed in the name and on behalf of the Attorney-General in all such matters as by section 20 of this Act are to be done by the Attorney-General.

On the appointment of a person being made and published in the Gazette, and while the appointment is in force,—

Where final judgment has been signed under the provisions of section 20, the High Court may order satisfaction to be entered upon the judgment, whether execution has been issued thereon or not:

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.

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 of Schedule 3 or to the like effect:

On receipt of any such certificate the Governor-General may cause to be paid to the person therein named the amount payable by the Crown under the order, together with any costs allowed him or her by the court and the interest, if any, lawfully due thereon, and may also perform or give effect to the terms of the order so far as it is to be satisfied by the Crown.

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.

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.

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.

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:

In any proceedings (other than criminal proceedings) to which the Crown is a party or third party, the court may require the Crown to answer interrogatories, or to make discovery of documents and produce documents, as if the Crown were a private person of full age and capacity.

Subsection (1) is subject to any rules of court.

Any order of the court under subsection (1) requiring the Crown to answer interrogatories must specify the officer of the Crown who is to answer the interrogatories.

Nothing in this section affects—

Nothing in this Act shall authorise proceedings in rem in respect of any claim against the Crown, or the arrest, detention, or sale of any ships or aircraft, or any cargo or other property belonging to the Sovereign, whether in right of his or her Government in New Zealand or otherwise, or give to any person any lien on any such ship, aircraft, cargo, or other property.

Where proceedings in rem have been instituted in the High Court against any such ship, aircraft, cargo, or other property, the court may, if satisfied, either on an application by the plaintiff for an order under this subsection or on application by the Crown to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the ship, aircraft, cargo, or other property did not belong to the Crown, order that the proceedings shall be treated as if they were in personam duly instituted against the Crown in accordance with the provisions of this Act, or duly instituted against any other person whom the court regards as the proper person to be sued in the circumstances, and that the proceedings shall continue accordingly. Any such order may be made upon such terms, if any, as the court thinks just; and, where the court makes any such order, it may make such consequential orders as the court thinks expedient.

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.

Section 40 of the Senior Courts Act 2016 and section 210 of the District Court Act 2016 (which empower the High Court or a District Court Judge in certain circumstances to order the arrest of a defendant about to leave New Zealand), shall, with the necessary modifications, apply to civil proceedings by the Crown in the High Court or in the District Court, as the case may be.

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:

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.

Amendment(s) incorporated in the Act(s).

The enactments specified in Schedule 4 are hereby repealed.

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.

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.

Nothing in this Act shall apply to or authorise proceedings by or against the Sovereign in his or her private capacity.

Except as therein otherwise expressly provided, nothing in this Act shall—

A certificate of the Attorney-General—

shall, for the purposes of this Act, be conclusive as to the matter so certified.

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.

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.