This is a single section from Chapter 10. Read the full chapter here.

Will the legislation apply to the Crown or other State sector organisations?

Legislation must state whether or not it binds the Crown.


The practice in New Zealand is for legislation to contain a provision that says “This Act binds the Crown”. In some cases it may only be appropriate for certain parts of the Crown to be bound or exempted (such as the exclusion of the armed forces and police from the Arms Act 1983). In these instances, clear words are required to establish which provisions bind the Crown and which provisions do not. The same can apply to delegated legislation (see, for example, s 153 Local Government Act 2002, which specifies which kinds of local authority bylaws bind the Crown).

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