When Power Goes Wrong · Liability & Remedy Ledger · Part 01

Can the Crown actually be sued?

New Zealand law expressly permits civil proceedings against the Crown. The Crown Proceedings Act supplies the procedural and substantive framework, while NZBORA s 27(3) affirms the right to bring and defend civil proceedings against the Crown according to law.

The historical doctrine that “the King can do no wrong” is not a useful statement of modern New Zealand procedure. The Crown Proceedings Act 1950 creates a comprehensive route for civil claims by and against the Crown.

Section 12 permits civil proceedings against the Crown in the High Court or another court with jurisdiction. The Attorney-General is ordinarily the named party where the Crown is sued.

The Crown is suable—but not exactly like an ordinary defendant.The Act opens the door to civil proceedings while preserving special rules about tort liability, injunctions, property recovery and enforcement of judgments.

DefendantThe Crown, generally through the Attorney-General for the relevant department or Crown activity.

Primary instrumentCrown Proceedings Act 1950.

Rights overlayNZBORA s 27(3) affirms the right to bring civil proceedings against the Crown and have them heard according to law.

First cautionA right to sue does not guarantee a cause of action or a particular remedy.

The correct first question is therefore not “is government immune?” It is “who is the proper defendant and what cause of action is legally available?”

Primary statutesCrown Proceedings Act 1950; New Zealand Bill of Rights Act 1990, s 27(3).

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