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Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Offences - Other offence provisions

90A: Liability for action of employee

You could also call this:

"Your boss can get in trouble if you do something wrong at work."

If you do something wrong as an employee, your boss can also get in trouble. This is because what you do as an employee is considered to be done by your boss too, even if they did not know about it. You are seen as acting on their behalf when you are working for them.

If you do something wrong as an agent for someone else, they can also get in trouble, but only if you were acting with their permission. This means that if you did something without their express or implied authority, they will not be held responsible. Your actions will still be considered your own in this case.

If someone breaks certain rules, such as those in section 20FA, 40(2), 43(3), 44(4), 57F(2), 57H(6), or 69B(7), their boss or the person they are acting for can also be held responsible. This applies to employees and agents who are working on behalf of someone else. The rules are in place to ensure that everyone is held accountable for their actions.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS810723.

Topics:
Crime and justice > Criminal lawWork and jobs > Worker rights
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90: Payment of infringement fees, or

"Paying a fine for breaking Smokefree Environments and Regulated Products Act 1990 rules"

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90B: Burden of proof of reasonable excuse, or

"You must prove you had a good reason for breaking the rules."

Part 5Regulations, enforcement, and other matters
Offences: Other offence provisions

90ALiability for action of employee

  1. This section applies to an offence against section 20FA, 40(2), 43(3), 44(4), 57F(2), 57H(6), or 69B(7).

  2. Anything done by a person (A) as the employee of another person (B) is, for the purposes of an offence, to be treated as done by B as well as by A, whether or not it was done with B’s knowledge or approval.

  3. Anything done by a person (A) as the agent of another person (B) is, for the purposes of an offence, to be treated as done by B as well as by A, unless it is done without B’s express or implied authority, given before or after the action.

Notes
  • Section 90A: inserted, on , by section 50 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
  • Section 90A(1): replaced, on , by section 18 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).
  • Section 90A(1): amended, on , by section 24 of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).