Section 6 — Health and Safety at Work Act 2015: Enforcement of Act against the Crown
Text of the provision Official document
6 Enforcement of Act against the Crown (1) This Act may be enforced against the Crown only in the manner provided in this section. Prosecution of offences (2) An instrument of the Crown may be prosecuted for an offence against this Act, but only if— (a) it is a Crown organisation; and (b) the proceedings are commenced— (i) against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and (ii) in accordance with the Crown Organisations (Criminal Liability) Act 2002 . Issue of infringement notices (3) An infringement notice may be served on an instrument of the Crown, in accordance with this Act, but only if— (a) it is a Crown organisation; and (b) it is liable to be proceeded against for the alleged offence under subsection (2); and (c) the notice is served on the Crown organisation in its own name. Injunctions (4) Despite section 17(1)(a) of the Crown Proceedings Act 1950, an injunction may be granted or another order made against an instrument of the Crown, in accordance with this Act, but only if— (a) it is a Crown organisation; and (b) the order or injunction is made against the Crown organisation in its own name. Notices issued under this Act (5) A notice issued under this Act may be issued against an instrument of the Crown, in accordance with this Act, but only if— (a) it is a Crown organisation; and (b) it is issued against the Crown organisation in its own name. Compare: 1992 No 96 s 3(2), (3)
Official source: legislation.govt.nz
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