61Relators

### 61 Relators > > (1)  No action for any of the purposes mentioned in this Part shall be instituted by any person, public authority, or public officer as relator in the name of the Attorney-General, unless the authority of the Attorney-General in that behalf has been previously obtained. > > > (2)  *\[Section 61 Subsection (2) amended by 25 Geo. V No. 60, s. 2 \]*Subject to the provisions of [subsection (1)](#GS61@Gs1@EN) any person may act as a relator in any action in the name of the Attorney-General for any of the purposes mentioned in this Part. > > > (3)  In any case in which an action is instituted by a person as relator in the name of the Attorney-General, it shall be immaterial – > > > > > > (a) that the relator has no private interest in the subject-matter of the action; > > > > > > > (b) what the motive of the relator may be; > > > > > > > (c) what may be the *quantum* of public benefit which will or may result from the action. > > > (4)  Subject to the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) , any person who has been authorized by the Attorney-General to institute an action as relator in the name of the Attorney-General for any of the purposes mentioned in this Part may be joined as a co-plaintiff with the Attorney-General in any case in which the relator has any cause of action arising out of the act, omission, or matter in respect of which the Attorney-General has authorized the relator to institute the action. > > > (5)  In any case in which an action is instituted by a public authority or public officer as relator in the name of the Attorney-General, it shall be immaterial – > > > > > > (a) what the motive of the relator may be; > > > > > > > (b) what may be the *quantum* of public benefit which will or may result from the action. > > > (6)  Subject to the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) , any public authority or public officer which or who has been authorized by the Attorney-General to institute an action as relator in the name of the Attorney-General may be joined as co-plaintiff with the Attorney-General in any case in which such public authority or public officer has any cause of action arising out of the act, omission, or matter in respect of which the Attorney-General has authorized such public authority or public officer to institute the action. > > > (7)  Subject to the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) , a pending action may, by amendment of the writ of summons or other prescribed process, and the pleadings, and by the authority of the Attorney-General, be converted into an action by a relator in the name of the Attorney-General. > > > (8)  Every action instituted by a relator in the name of the Attorney-General shall (except as provided by [subsection (9)](#GS61@Gs9@EN) ) be deemed to be the Attorney-General's action, and the Attorney-General shall have full power to control the conduct of it. > > > (9)  For the purposes of the costs of an action instituted by a relator in the name of the Attorney-General the action shall (subject to any order of the Court or a judge) be deemed to be the action of the relator.