Trade Marks Act 2002

Legal proceedings - Criminal proceedings - Preliminary

119: Liability of officers of body corporate

You could also call this:

"Company bosses can get in trouble if their company breaks the law"

If a company breaks the law under sections 120 to 124, the people who run the company can also get in trouble. This includes the directors and managers of the company. They can be found guilty if two things are true:

First, they allowed the illegal act to happen. This means they gave permission or agreed to it.

Second, they either knew about the illegal act or should have known about it. Also, they didn't do everything they could to stop it from happening.

So, if you're in charge of a company, you need to be careful. You should know what's happening in your company and try to stop any illegal activities.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165022.


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Part 4Legal proceedings
Criminal proceedings: Preliminary

119Liability of officers of body corporate

  1. If a body corporate is convicted of an offence against any of sections 120 to 124, every director and every person concerned in the management of the body corporate is guilty of the offence if it is proved—

  2. that the act that constituted the offence took place with his or her authority, permission, or consent; and
    1. that he or she—
      1. knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and
        1. failed to take all reasonable steps to prevent or stop it.
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