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Applying an Act to the Crown
This is a single section from Chapter 11. 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 be appropriate for only certain parts of the Crown to be bound or exempted (such as the armed forces and police, which are excluded 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 secondary legislation (see, for example, section 153 of the Local Government Act 2002, which specifies the kinds of local authority bylaws that bind the Crown).