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Weights and Measures Act 1987

Offences and penalties

31: Liability of principal for acts of agents, etc

You could also call this:

“You might be responsible if your workers break weight and measure rules”

If someone working for you breaks the rules about weights and measures, you might get in trouble too. It’s like if your friend does something wrong while helping you, you could also be responsible.

But don’t worry! If this happens, you can defend yourself. You need to show that you didn’t know about the rule-breaking and that you tried your best to stop it from happening. It’s like saying, “I didn’t know, and I did everything I could to prevent it.”

If a company breaks these rules, the people in charge of the company might get in trouble as well. But they can also defend themselves by showing they didn’t know and did their best to prevent it.

Remember, it’s important to be careful and make sure everyone follows the rules about weights and measures.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102938.

Topics:
Money and consumer rights > Consumer protection Business > Industry rules Business > Fair trading
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Part 6 Offences and penalties

31Liability of principal for acts of agents, etc

  1. Where an offence is committed against this Act or against any regulations made under this Act by any person acting as the agent or employee of another person, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if that other person had personally committed the offence.

  2. Notwithstanding anything in subsection (1), where any proceedings are brought by virtue of that subsection for any offence against this Act, it shall be a good defence to the charge if the defendant proves that the offence was committed without the defendant's knowledge and that the defendant took reasonable precautions and exercised due diligence to prevent the commission of the offence.

  3. Where any body corporate is convicted of an offence against this Act or against any regulations made under this Act, every director and every person concerned in the management of the body corporate shall be guilty of a like offence unless that director or that person proves that the offence was committed without that director's or that person's knowledge and that that director or that person took reasonable precautions and exercised due diligence to prevent the commission of the offence.

Compare
  • 1925 No 26 s 32
  • 1981 No 45 s 29