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Crown Proceedings Act 1950

NIUE


[August 1990 Edition]


CROWN PROCEEDINGS ACT 1950


The Crown Proceedings Act 1950 (NZ) is Niue law by virtue of section 321 of the Niue Act 1966. Its operation as Niue law is governed by section 321(2) - (4):


321. Crown proceedings in Niue -


(2) In the application of the Crown Proceedings Act 1950 to Niue, unless the context otherwise requires,-


(a) Every reference in that Act to the Crown or Her Majesty shall be construed as including a reference to Her Majesty in respect of the Government of Niue;


(b) Every reference in that Act to New Zealand shall be construed as a reference to Niue;


(c) Every reference in that Act to any Court shall be construed as including a reference to the High Court of Niue and to the Land Court of Niue;


(d) Every reference in that Act to an officer of the Crown shall be construed, in relation to Her Majesty in respect of the Government of Niue, as including a reference to . . . any servant of Her Majesty in respect of the Government of Niue and as not including any Judge or any [Commissioner] or other judicial officer;


(e) Every reference in that Act to the Attorney-General or any Minister of the Crown shall be construed, in relation to Her Majesty in respect of the Government of Niue, as a reference to [the Cabinet of Ministers];


(f) Every reference in that Act to the Solicitor-General shall be construed, in relation to Her Majesty in respect of the Government of Niue, as including a reference to the Registrar of the High Court of Niue;


(g) Every reference in sections 20 to 23 of that Act to the Supreme Court shall be construed, in relation to Her Majesty in respect of the Government of Niue, as a reference to the High Court of Niue;


(h) The reference in subsection (3) of section 24 of that Act to the Governor-General shall be construed, in relation to Her Majesty in respect of the Government of Niue, as a reference to [the Cabinet of Ministers]; and all money payable under that sub-section shall be payable out of [the Niue Government Account].


(3) Subsection (2) of section 8, section 9, and subsection (2) of section 29 of the Crown Proceedings Act 1950 shall not extend to or be in force in Niue.


(4) Civil proceedings to which Her Majesty is a party or third party in respect of the Government of Niue shall be conducted on behalf of Her Majesty by such person as [the Cabinet of Ministers] may appoint for the conduct thereof.


___________


CROWN PROCEEDINGS ACT 1950


Act 54 of 1950 - 1 January 1952


ANALYSIS


Title
1. Short Title and commencement
2. Interpretation


PART I


SUBSTANTIVE LAW


3. Claims enforceable by or against the Crown under this Act
4. Limitation of actions by or against the Crown
5. Liability of the Crown under other Acts
6. Liability of the Crown in tort
7. Provisions as to industrial property
8. Application of law as to indemnity, contribution, and joint and several tortfeasors
9. Crown not liable to pay compensation or damages in respect of death or disablement of members of New Zealand armed forces where a pension is payable
10. Claims in respect of visiting forces
11. Saving in respect of acts done under prerogative and statutory powers


PART II


JURISDICTION, PROCEDURE, AND JUDGMENTS


12. Civil proceedings by or against the Crown
13. Interpleader

14. Method of making Crown a party to proceedings

15. Recovery in Magistrate's Court on behalf of Crown of amounts not exceeding £50

16. Service of documents and time for filing defence by Crown
17. Nature of relief
18. Appeals, stay of execution, and costs
19. Interest on debts, costs, etc.


Judgments for Fines and on Recognisances


20. Recovery of fines imposed otherwise than by judgment or conviction
21. Recovery of debts due upon recognisance
22. Barristers or solicitors may be appointed to act for Attorney-General in each district
23. Judgments for fines and on recognisances may be vacated by Supreme Court


PART III


EXECUTION


24. Satisfaction of orders against the Crown
25. Execution by the Crown
26. Attachment of money payable by the Crown


PART IV


MISCELLANEOUS AND SUPPLEMENTAL


Miscellaneous

27. Discovery

28. Exclusion of proceedings in rem against the Crown

29. Application to the Crown of certain statutory provisions


Supplemental


30. Rules of Court

31. General rules to apply in the absence of special rules

32. Crown proceedings in the Cook Islands

33. Crown proceedings in Western Samoa
34. Repeals and savings,

35. Saving of certain rights, etc.

Schedules


-------------------------


An Act to consolidate and amend the law relating to the civil liabilities and rights of the Crown and officers of the Crown, and to civil proceedings by and against the Crown


1. Short Title and commencement - This Act may be cited as the Crown Proceedings Act 1950, and shall come into force on the first day of January, nineteen hundred and fifty-two.


2. Interpretation - (1) In this Act, unless the context otherwise requires,-


"Agent", in relation to the Crown, includes an independent contractor employed by the Crown;


"Attorney-General", in respect of any power, duty, authority, or function imposed upon or vested in him by virtue of his office as Attorney-General otherwise than under section fourteen of this Act, includes the Solicitor-General;


"Civil proceedings" means any proceedings in any Court other than criminal proceedings; but does not include proceedings in relation to habeas corpus, mandamus, prohibition, or certiorari or proceedings by way of an application for review under Part I of the Judicature Amendment Act 1972*to the extent that any relief sought in the application is in the nature of mandamus, prohibition, or certiorari; [*See s.67 Niue Act 1966]


"Commonwealth" means the British Commonwealth of Nations; and includes every territory for whose international relations the Government of any country of the Commonwealth is responsible;


"Court" means the Judicial Committee of the Privy Council, the Court of Appeal, the Supreme Court, and (to the extent to which they respectively have jurisdiction) the Compensation Court constituted under [the Workers' Compensation Act 1956],* a Magistrate's Court constituted under the Magistrates' Courts Act 1947* a Warden's Court constituted under the Mining Act 1926,* and the Maori Land Court constituted under [the Maori Affairs Act 1953];*


"Government Department" or "Department" means the Public Trustee, the Maori Trustee, and every other Department or instrument of the Executive Government of New Zealand;


"His Majesty" or the "Crown" means His Majesty in right of his Government in New Zealand;


"Member of a visiting force" includes a member of any other force who is attached to a visiting force;


"New Zealand armed forces" means the New Zealand Naval Forces, the New Zealand Army, and the Royal New Zealand Air Force;


"Officer", in relation to the Crown, includes any servant of His Majesty, and accordingly (but without prejudice to the generality of the foregoing provision) includes a Minister of the Crown; and a member of the New Zealand armed forces; but does not include the Governor-General, or any judge, Magistrate, Justice of the Peace, or other judicial officer;


"Order" includes a judgment, decree, rule, award, or declaration;


"Proceedings against the Crown" includes a claim by way of set-off or counterclaim raised in proceedings by the Crown;


"Servant", in relation to the Crown, means any servant of Her Majesty, and accordingly (but without prejudice to the generality of the foregoing provision) includes a Minister of the Crown, and a member of the New Zealand armed forces; but does not include the Governor-General, or any Judge, Magistrate, Justice of the Peace, or other judicial officer;


"Service aircraft" means any aircraft within the meaning of the Civil Aviation Act 1948 which is being used exclusively for the purposes of the New Zealand armed forces;


"Ship" includes every description of vessel used in navigation not propelled by oars;


"Visiting force" means any naval, military, or air force of any country other than New Zealand which has been granted a right of entry into or passage through or over New Zealand.


(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 fourteen of this Act:


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.


Cf. 1908, No. 34, s. 2; 1945, No. 40, ss. 19, 20; Crown Proceedings Act 1947, s. 38 (U.K.)


"Court": In this definition the Workers' Compensation Act 1956, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed s. 70 of the Statutes Amendment Act 1939; and the Maori Affairs Act 1953, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Maori Land Act 1931.


"Government Department": The New Zealand Government Property Corporation was declared to be a Government Department within the meaning of this Act by s. 7 (1) of the New Zealand Government Property Corporation Act 1953.


[Amended 14/130/1972 (NZ); 2/69/1958 (NZ)]

* This Act is not Niue Law.


PART I


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, and, 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 His Majesty 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:


(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.


Cf. 1908, No. 34, s. 3; 1910, No. 54, ss. 3, 4; Crown Proceedings Act 1947, s. 1 (U.K.)


All claims arising out of matters not delegated by the National Roads Board to a local authority must be made against the Crown under this Act; see s. 19 of the National Roads Act 1953.


4. Limitation of actions by or against the Crown - The provisions of this Act shall be subject to the provisions of the Limitation Act 1950, and of any other Act which limits the time within which proceedings may be brought by or against the Crown.


Cf. 1908, No. 34, s. 37


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 the First Schedule to this Act shall bind the Crown.


Cf. 1910, No. 54, s. 7


As to the application of the Shipping and Seamen Act 1952 to the Crown, see ss. 286 (6), 287 (5), 367, 368, 465, 466, 468 (3), 469 (2), and 470 (3) of that Act.


As to the liability of the Crown under the Municipal Corporations Act 1954 in respect of any property belonging to or vested in Her Majesty, see s. 412 of that Act; and as to liability under the Counties Act 1956 in respect of any such property, see s. 451 of that Act.


As to the liability of the Crown in relation to nuisances, see s. 296 of the Municipal Corporations Act 1954, s. 314 of the Counties Act 1956, and s. 32 of the Health Act 1956.


As to the application of the Contracts Enforcement Act 1956 to the Crown, see s. 7 of that Act.


As to the application of the Workers' Compensation Act 1956 to the Crown, see s. 10 of that Act.


6. Liability of the Crown in tort - (1) Subject to the provisions of this Act and any other Act, 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 -


(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 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) of this subsection 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 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) 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.


(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 any responsibilities which he has in connection with the execution of judicial process.


Cf. 1910, No. 54, ss. 3 (c), 4; Crown Proceedings Act 1947, s. 2 (U.K.)


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 1953, or the Designs Act 1953, or the Trade Marks Act 1953], 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.


(2) Nothing in the last preceding subsection or in any other provision of this Act shall affect the rights of any Government Department under [sections fifty-five to fifty-seven of the Patents Act 1953] or [sections sixteen to eighteen of the Designs Act 1953], or the rights of any Minister of the Crown under [section twenty-six of the Patents Act 1953].


(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 one of this section.


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 of this Act, 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) [Repealed section 321(3) Niue Act 1966 (NZ)]


9. [Repealed section 321(3) Niue Act 1966 (NZ)]


10. Claims in respect of visiting forces- (1) Any person who suffers in New Zealand any damage, loss, or injury by, through, or in connection with the use of any ship, vehicle, or aircraft belonging to any visiting force, or who has or deems himself to have any just claim or demand in respect of any cause of action to which this section applies against a member of any visiting force or a person acting for or on behalf of any visiting force, shall be entitled to make against the Crown any claim or demand which he would have been entitled to make under this Part of this Act if the ship or vehicle had belonged to the Crown, or the aircraft had been a service aircraft, or the member or the person so acting had been a member of the New Zealand armed forces, and if the Government of the country to which the visiting force belongs had been the Crown, and for the like amount (if any) and in the like form and manner as the amount, form, and manner of the claim or demand that he would have been entitled to make as aforesaid.


(2) This section shall apply to any cause of action which arises in New Zealand and which is in respect of the death of or bodily injury to any person or damage to any property.


(3) In respect of any claim or demand made under this section the Crown shall have, in relation to the person making it, the same rights and liabilities as the Crown would have had if the ship or vehicle belonging to the visiting force had belonged to the Crown or the aircraft belonging to the visiting force had been a service aircraft, or the member of the visiting force or the person acting for or on behalf of the visiting force had been a member of the New Zealand armed forces, as the case may be.


(4) In the determination of any such claim or demand made by any person against the Crown, regard shall be had to any payment which that person has received or is entitled to receive, whether from the Crown or from any other person or authority, in satisfaction, wholly or partly, of the claim or demand.


(5) For the purposes of this section all persons who, by the law of the country to which any visiting force belongs, are for the time being subject to the naval, military, or air force law of that country shall be deemed to be members of the visiting force.


(6) For the purposes of any proceedings to enforce a claim or demand made under this section, a certificate issued by or on behalf of such authority as may be appointed for the purpose by the Government of the country to which any visiting force belongs stating that a person of the name and description specified in the certificate is, or was at a time so specified, subject to the naval, military, or air force law of that country shall be conclusive evidence of that fact.


(7) If in any proceedings as aforesaid the question is raised whether any person whose name appears in or in connection with the proceedings is or was at any time a member of any visiting force, any such certificate as aforesaid relating to a person bearing that name shall, unless the contrary is proved, be deemed to relate to that person.


(8) Any document purporting to be a certificate issued for the purposes of this section and to be signed by or on behalf of an authority described as appointed by the Government of any country for the purposes of this section shall be received in evidence and shall, unless the contrary is proved, be deemed to be a certificate issued by or on behalf of an authority so appointed.

Cf. 1945, No. 40, s. 21


11. Saving in respect of acts done under prerogative and statutory powers - (1) Except as expressly provided in this Part of this Act, nothing in this Part of this Act 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 of this Act 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.

Cf. Crown Proceedings Act 1947, s. 11 (U.K.)


PART II


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 the Second Schedule to this Act are hereby abolished.

Cf. 1908, No. 34, ss. 25, 36; 1945, No. 40, s. 23 (2); Crown Proceedings Act 1947, ss. 13, 15, 23 (U.K.)


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.

Cf. Crown Proceedings Act 1947, s. 16 (U.K.)


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 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 two 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 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 two 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 one of this section; 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 two 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 two of this section; 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 two 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 one or more of the Government Departments or officers of the Crown against which or against whom the proceedings could have been instituted under subsection two of this section substituted for him 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.


15. Recovery in Magistrate's Court on behalf of Crown of amounts not exceeding £50* - (1) Any debt or damages payable to the Crown and not exceeding fifty pounds* may be sued for and recovered in a Magistrate's 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.


* One hundred dollars - see Decimal Currency Act 1964.


(1A) The Attorney-General or the Solicitor-General may from time to time delegate the power of appointment conferred by subsection (1) of this section to a barrister or solicitor of the Supreme 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.


(1B) Where any Crown Counsel purports to act pursuant to any delegation under this section he 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.


(2) Every person so appointed to sue on behalf of the Crown shall sue in his own name with the addition of the words "suing on behalf of the Crown", or words to the like effect.


(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.

[Amended 2/74/1969 (NZ)]


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, and any other document required to be served before an address for service has been given by him, 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 or by sending it by post in a registered letter addressed to the Solicitor-General at his said office.


(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 twenty-eight days, or such further time as the Court may allow.


(3) Where any document is sent by post in the manner prescribed by subsection one of this section it shall be deemed to have been served at the time at which the letter would have been delivered in the ordinary course of post.

Cf. 1908, No. 34, ss. 27, 28; Crown Proceedings Act 1947, s. 18 (U.K.)


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.

Cf. 1908, No. 34, s. 30; Crown Proceedings Act 1947, s. 21 (U.K.)


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.

Cf. 1908, No. 34, s. 30; Crown Proceedings Act 1947, s. 22 (U.K.)


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.

Cf. Crown Proceedings Act 1947, s. 24 (U.K.)


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 Magistrate of the Court by which the fine was imposed shall, if the same is not immediately paid, by writing under his hand in the form numbered (1) in the Third Schedule to this Act 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 Supreme Court for the amount of the fine, and a sum not exceeding five pounds for costs.


(2) Every such judgment may be in the form numbered (2) in the Third Schedule to this Act, or to the like effect, and no appeal shall lie therefrom.

Cf. 1908, No. 34, s. 4


21. Recovery of debts due upon recognisance - (1) Notwithstanding the foregoing provisions of this Act, where any person has entered into a recognisance to His Majesty, and the recognisance is forfeited, and no other procedure is provided by any Act or rule of Court for the estreat thereof, a judge or Magistrate of the Court before which, or the justice before whom, the same was forfeited may cause the recognisance to be estreated as hereinafter provided.


(2) The Judge, Magistrate, or justice shall, by writing under his hand in the form numbered (3) in the Third Schedule to this Act, or to the like effect, certify that the forfeiture has taken place, and shall deliver or send by post the said recognisance and writing to the Attorney-General, who, upon receipt thereof, shall cause a final judgment to be signed in the Supreme Court for the amount of the recognisance, and a sum not exceeding five pounds for costs.


(3) Every such judgment may be in the form numbered (4) in the Third Schedule to this Act, or to the like effect, and no appeal shall lie therefrom.

Cf. 1908, No. 34, s. 5


As to the application of this section to recognisance for the costs of an election petition under the Electoral Act 1956, see s. 176 (2) of that Act.


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 each district constituted under the Judicature Act 1908 a person, being a barrister or solicitor of the Supreme 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 sections twenty and twenty-one of this Act are to be done by the Attorney-General.


(2) On any such appointment being made and published in the Gazette and while the appointment remains in force -


(a) All certificates under section twenty of this Act of fines imposed within the district for which the person is appointed shall be sent to him instead of to the Attorney-General, and he shall cause final judgment to be signed thereon in the form mentioned in that section;


(b) All recognisances forfeited within the district for which the person is appointed shall, together with the certificate mentioned in section twenty-one of this Act, be sent to him, and he shall cause final judgment to be signed thereon on behalf of the Attorney-General in the form mentioned in that section.

Cf. 1908, No. 34, s. 6


23. Judgments for fines and on recognisances may be vacated by Supreme Court - Where final judgment has been signed under the provisions of section twenty or section twenty-one of this Act, the Supreme Court may order satisfaction to be entered upon the judgment, whether execution has been issued thereon or not:


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 Supreme Court either that the judgment has been satisfied, or that, according to equity and good conscience and the real merits and justice of the case, the defendant ought not to be required to satisfy the same.

Cf. 1908, No. 34, s. 7


PART III


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 the form numbered (5) in the Third Schedule to this Act or to the like effect:


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, without further appropriation than this section, 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 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.


(4) The Minister of Finance shall, forthwith after the end of each financial year, cause to be prepared, in such form as he approves or directs, a statement showing all amounts paid under this section without appropriation other than this section; and shall, as soon as practicable, cause the statement (duly audited by the Audit Office) to be laid before Parliament.

Cf. 1908, No. 34, ss. 31, 32; Crown Proceedings Act 1947, s. 25 (U.K.)


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.

Cf. 1908, No. 34, ss. 19, 20; Crown Proceedings Act 1947, s. 26 (U.K.)


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 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.

Cf. 1947, No. 16, s. 96; Crown Proceedings Act 1947, s. 27 (U.K.)


PART IV


MISCELLANEOUS AND SUPPLEMENTAL


Miscellaneous


27. Discovery - (1) Subject to and in accordance with rules of Court, -


(a) In any civil proceedings to which the Crown is a party or third party, the Crown may be required by the Court to answer interrogatories if the Crown could be required to do so if it were a private person of full age and capacity; and


(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 one of this section, 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, in the opinion of a Minister of the Crown, it would be injurious to the public interest to disclose the existence thereof.

Cf. Crown Proceedings Act 1947, s. 28 (U.K.)


28. Exclusion of proceedings in rem against the Crown - (1) 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 His Majesty, whether in right of His Government in New Zealand or otherwise, or give to any person any lien on any such ship, aircraft, cargo, or other property.


(2) Where proceedings in rem have been instituted in the Supreme 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, of 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.

Cf. Crown Proceedings Act 1947, s. 29 (U.K.)


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) [Repealed s. 321(3) Niue Act 1966]


Supplemental


90. Rules of Court - (1) Any power to make, alter, or revoke rules touching or regulating the practice and procedure of any Court shall include power to make, alter, or revoke rules for the purpose of giving effect to the provisions of this Act, and any such rules may contain provisions to have effect in relation to any proceedings by or against the Crown in substitution for or by way of addition to any of the provisions of the rules applying to proceedings between subjects.


(2) Without prejudice to the generality of the foregoing provisions of this section, rules may be made with respect to the following matters:


(a) For providing for service outside New Zealand of process or notice thereof, in the case of proceedings by the Crown against persons, whether British subjects or not;


(b) For securing that where any civil proceedings are brought against the Crown in accordance with the provisions of this Act the plaintiff shall, before the Crown is required to take any steps in the proceedings, provide the Crown with such information as the Crown may reasonably require as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the Departments and officers of the Crown concerned;


(c) For providing that in the case of proceedings against the Crown the plaintiff shall not enter judgment in default of appearance or pleading without the leave of the Court to be obtained on an application of which notice has been given to the Crown;


(d) For excepting proceedings brought against the Crown from the operation of any rule of Court providing for summary judgment without trial;


(e) For providing that a person shall not be entitled to avail himself of any set-off or counterclaim in any proceedings by the Crown for the recovery of taxes, duties, or penalties, or to avail himself in proceedings of any other nature by the Crown of any set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, duties, or penalties;


(f) For providing that a person shall not be entitled, without the leave of the Court, to avail himself of any set-off or counterclaim in any proceedings by the Crown if either the subject-matter of the set-off or counterclaim does not relate to the Government Department or officer of the Crown in whose name the proceedings are brought, or the proceedings are brought in the name of the Attorney-General;


(g) For providing that the Crown, when sued in the name of a Government Department or of an officer of the Crown, shall not, without the leave of the Court, be entitled to avail itself of any set-off or counterclaim if the subject-matter thereof does not relate to that Department or officer; and


(h) For providing that the Crown, when sued in the name of the Attorney-General, shall not be entitled to avail itself of any set-off or counterclaim without the leave of the Court.

Cf. Crown Proceedings Act 1947, s. 35 (U.K.)


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.

Cf. 1908, No. 34, s. 34


32. [Cook Islands Law - Spent]


33. [Western Samoa Law - Spent]


34. Repeals and savings - (1) The enactments specified in the Fourth Schedule to this Act are hereby repealed.


(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 enactment 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 His Majesty in his private capacity.


(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 Supreme Court as a Prize Court, or to any criminal proceedings; or


(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 His Majesty's Government in New Zealand, or affect proceedings against the Crown in respect of any such alleged liability as aforesaid; or


(c) Affect any proceedings by the Crown otherwise than in right of His Majesty's Government in New Zealand; or


(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, maternity nurse, dentist, or any other person while any such person is rendering any professional or other service or supplying any medicine, drug, appliance, or material in respect of any benefit provided in accordance with Part III of the Social Security Act 1938,* unless the medical practitioner, pharmaceutical chemist, midwife, maternity nurse, dentist, or other person is acting as a servant of the Crown at the time of the act or omission; or


(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) Affect any liability imposed on the Public Trustee or on the Consolidated Fund by [the Public Trust Office Act 1957];* or


(j) Affect any liability imposed on the Maori Trustee or on the Consolidated Fund by [the Maori Trustee Act 1953];* or


(k) Affect any liability imposed on the Government Insurance Commissioner, the Government Insurance Department, or on the Consolidated Fund by [the Government Life Insurance Act 1953];* or


(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 Accident Insurance Act 1908;* or


(m) Affect any liability imposed on the State Advances Corporation or on the Consolidated Fund by the State Advances Corporation Act 1934-35*.


*This Act is not Niue law


(3) A certificate of the Attorney-General -


(a) To the effect that any alleged liability of the Crown arises otherwise than in respect of His Majesty's Government in New Zealand; or


(b) To the effect that any proceedings by the Crown are proceedings otherwise than in right of His Majesty's Government in New Zealand, -


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.

Cf. 1908, No. 34, s. 39; Crown Proceedings Act 1947, s. 40 (U.K.)


In subs. (2) (i), (j), and (4) the Public Trust Office Act 1957, the Maori Trustee Act 1953, and the Government Life Insurance Act 1953, being the corresponding enactments in force at the date of this reprint, have been substituted for the repealed Public Trust Office Act 1908, Maori Trustee Act 1930, and Government Life Insurance Act 1908.


_______


SCHEDULES


Section 5(2)


FIRST SCHEDULE


ENACTMENTS TO BIND THE CROWN


1908, No. 15 - The Bills of Exchange Act 1908. (1931 Reprint, Vol. I, p. 583.)
1908, No. 56 - The Evidence Act 1908. (1931 Reprint, Vol. III, p. 106.)
1908, No. 80 - The Imprisonment for Debt Limitation Act 1908. (1931 Reprint, Vol. IV, p. 388.)
1908, No. 86 - The Infants Act 1908: Part II. (1931 Reprint, Vol. III, p. 1072.)
1908, No. 89 - The Judicature Act 1908: Section 51, Part III, and the Second and Third Schedules. (1931 Reprint, Vol. II, p. 60.)
1908, No. 105 - The Life Insurance Act 1908: Sections 65 and 66. (1931 Reprint, Vol. IV, p. 97.)
1908, No. 117 - The Mercantile Law Act 1908: Part II. (1931 Reprint, Vol. V, p. 823.)
1908, No. 168 - The Sale of Goods Act 1908. (1931 Reprint, Vol. VIII, p. 93.)
1908, No. 220 - The Declaratory Judgments Act 1908. (1931 Reprint, Vol. 11, p. 51.)
1909, No. 12 - The Friendly Societies Act 1909: Section 99. (1931 Reprint, Vol. III, p. 502.)
1909, No. 13 - The Inferior Courts Procedure Act 1909. (1931 Reprint, Vol. II, p. 55.)
1924, No. 11 - The Acts Interpretation Act 1924. (1931 Reprint, Vol. VIII, p. 568.)
1925, No. 25 - The Life Insurance Amendment Act 1925: Section 3. (1931 Reprint, Vol. IV, p. 127.)
1936, No. 31 - The Law Reform Act 1936: Parts I and VII.
1940, No. 31 - The Sea Carriage of Goods Act 1940.
1947, No. 16 - The Magistrates' Courts Act 1947.


Parts of this Schedule were repealed by the following enactments:


The Administration Act 1952, s. 79; the Deaths by Accidents Compensation Act 1952, s. 23; the Property Law Act 1952, s. 155 (2); and the Superannuation Act 1956, s. 99.


Part VII of the Law Reform Act 1936 has been repealed by s. 155 (2) of the Property Law Act 1952 and replaced by s. 110 of that Act.


[Amended 14/19/1962(NZ)]


______


SECOND SCHEDULE


Section 12


PROCEEDINGS ABOLISHED BY THIS ACT


1. Proceedings by His Majesty by way of -


(a) Writs of capias ad respondendum;


(b) Informations in civil suits in lieu of statements of claim, except where such proceedings are expressly authorised by any Act;


(c) Writs of fieri facias and fieri eapias.


2. Proceedings against His Majesty by way of petition of right, including proceedings by way of petition of right under section 52 of the Naval Prize Act 1864 of the United Kingdom Parliament.


_____________


THIRD SCHEDULE


(1) CERTIFICATE OF FINE


Section 20 (1)


THIS is to certify to the Attorney-General that, at the ................. this day held at..............., the several persons whose names and places of abode or business are specified in the Schedule below were fined the several sums therein set opposite to their respective names, and that the cause of each such fine is duly and truly set forth in the said Schedule.


SCHEDULE


Full Name
Place of Abode or Business
Cause of Fine
Amount



£
s.
d.
Behaving and con ducting himself in a disorderly manner in Court


Total ............................£



Given under my hand this ..........day of ......... 19...


Judge, Magistrate.


(2) JUDGMENT IN RESPECT OF FINE


Section 20 (2)


In the High Court of NZ at .............. No. ...


BE it remembered that the Attorney- (or Solicitor-) General has informed the Court that at the ............ held at ...............on the ............ day of ............., 19...., before ................ a fine of .............. was imposed and inflicted upon .............. because he, the said ................. (behaved and conducted himself in a disorderly manner in the said Court, or as the case may be) as by the certificate of the said ............. now filed of record appears. Therefore, on the ........... day of ..........., 19..., it is adjudged by the Court here that the Crown do recover against the said ......... the sum of, and also the sum of ............. for costs, making together the sum of ........


Dated at ............... this ................. day of ............ 19...


Registrar.


Section 21 (2)


(3) CERTIFICATE OF FORFEITURE OF RECOGNISANCE


THIS is to certify to the Attorney-General that, at the ........... this day held at .......... the recognisances hereunto annexed were forfeited, and were there and then caused to be estreated.


Given under my hand this ....... day of ........ 19...


Judge, Magistrate, or Justice.


Section 21(3)


(4) JUDGMENT IN RESPECT OF RECOGNISANCE


In the High Court of NZ at:


BE it remembered that the Attorney- (or Solicitor-) General has informed the Court that at the ............. held at ............... on the ................. day of .............. 19..., before ........ the recognisance of one ............, by which he acknowledged to owe to the Crown the sum of ..............., was forfeited and estreated as by the said recognisance and the certificate of the said ............... now filed of record appears. Therefore, on the ........... day of .........., 19...., it is adjudged by the Court here that the Crown do recover against the said ............ the said sum of ............., and also the sum of ............. for costs, making together the sum of ...........


Dated at ............. this .......... day of .........19...

Registrar.


Section 24 (2)


(5) CERTIFICATE OF JUDGMENT, ETC.


In the High Court of NZ at .....


(or In the Magistrate's Court held at .........)


Between .............................., Plaintiff,
and ..............................., Defendant.


I HEREBY certify that ..............., of ................, did on the .........day of ................. 19...., in the Supreme Court (or the Magistrate's Court) at ............., obtain a judgment (order, decree, or declaration); and that by the judgment (order, decree, or declaration) the Crown was ordered to pay him the sum of .......... (or as the case may be).


Dated at .................... this ............. day of ........... 19...


Registrar

[Amended 18/130/1972 (NZ)]


___________


Section 34


FOURTH SCHEDULE


ENACTMENTS REPEALED


1908, No. 34 - The Crown Suits 1908. (1931 Reprint, Vol. II, p. 550.)

1910, No. 54 - The Crown Suits Amendment Act 1910. (1931 Reprint, Vol. II, p. 556)

1936, No. 31 - The Law Reform Act 1936: Subsection (4) of section 18.

1945, No. 40 - The Statutes Amendment Act 1945: Sections 18 to 23.


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