Private Prosecution - Council

[Perry]

Anyone been down this path and have some experiences to recount which I could learn from?

Seems to be covered by the Criminal Procedure Act 2011 - various sections. Section 19 has me scratching my head a bit.

Charge may be worded in alternative

A charge may allege several different matters, acts, or omissions in the alternative if the relevant offence is worded in the alternative in the enactment that prescribes it.

Worded in the alternative?

[Davo36]

I have no idea what your post means Perry.

Are you trying to sue the council?

[Perry]

Sorry if I was not clear.

I don't think "sue" is quite the correct word.

I'm proposing to initiate a private prosecution against a Council for a breach of the law (NZ statute), using section 26 of the Criminal Procedure Act 2011.

[BigWal]

Hmmm.

No easy answer in Google, but I think I worked it out by implication from this doc. (search for "The statute is worded in the alternative" in the pdf).

My interpretation is this - As long as the relevant legislation says that some act or omission can be because of reasons A or B (or C, for that matter), you can charge (allege / prosecute?) someone under that section of the legislation for one or more of those acts or omissions.

I.e. if the section says you can't do A or B or C you can charge for any combination of those things - it doesn't have to be A and B and C.

And there I was just coming to terms with the RTA and fancying myself as a bush lawyer. I think I'm better off spending a month cycling in Ladakh. Come to think of it, I don't expect to be posting much in August :-)

And after double checking, I'm fairly happy in my interpretation, especially after looking at this. (search for the words "this proviso is worded in the alternative"). Note the word "or" in caps and italics later on in the paragraph.

[Perry]

I.e. if the section says you can't do A or B or C you can charge for any combination of those things - it doesn't have to be A and B and C.

Thanks - I appreciate the bush lawyer comment, more than you can know.

That's sort-of my conclusion too, except that I would add that it can also be only one of those things. (Or even all or them.)

[Davo36]

Sorry if I was not clear.

I don't think "sue" is quite the correct word.

I'm proposing to initiate a private prosecution against a Council for a breach of the law (NZ statute), using section 26 of the Criminal Procedure Act 2011.

Wow.

Can you say why? Or what breach you think they've made?