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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Offences

340: Liability of principal for acts of agents

You could also call this:

“People in charge can get in trouble for things their workers or ships do wrong, but they can defend themselves if they didn't know or tried to stop it.”

If someone breaks the Resource Management Act while working for you or your company, you can be held responsible for their actions. This includes people who work for you directly, as well as contractors or those in charge of your ships.

You can defend yourself if you can prove that you didn’t know about the offence and couldn’t have been expected to know, or that you took all reasonable steps to stop it from happening. You also need to show that you tried to fix any problems caused by the offence.

If your company breaks the law, you as a director or manager can be held responsible if you allowed the offence to happen or if you knew about it and didn’t try to stop it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239053.

Topics:
Environment and resources > Conservation
Business > Industry rules
Transport and travel > Boating
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339C: Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent, or

“If a ship's owner or captain breaks certain rules and doesn't pay their fine, the court can take money from the ship or its helper to cover the cost.”

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341: Strict liability and defences, or

“This explains when you can be held responsible for breaking certain rules, even if you didn't mean to, and how you can defend yourself if you're accused.”

Part 12 Declarations, enforcement, and ancillary powers
Offences

340Liability of principal for acts of agents

  1. Where an offence is committed against this Act—

  2. by any person acting as the agent (including any contractor) 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 he, she, or it had personally committed the offence; or
    1. by any person while in charge of a ship, the owner of the ship 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 he, she, or it had personally committed the offence.

      1. Despite anything in subsection (1), if proceedings are brought under that subsection, it is a good defence if—

      2. the defendant proves,—
        1. in the case of a natural person (including a partner in a firm),—
          1. that he or she did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or
            1. that he or she took all reasonable steps to prevent the commission of the offence; or
            2. in the case of a person other than a natural person,—
              1. that neither the directors (if any) nor any person involved in the management of the defendant knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or
                1. that the defendant took all reasonable steps to prevent the commission of the offence; and
              2. the defendant proves that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.

                1. If a person other than a natural person is convicted of an offence against this Act, a director of the defendant (if any), or a person involved in the management of the defendant, is guilty of the same offence if it is proved—

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

                    Notes
                    • Section 340(1): replaced, on , by section 22 of the Resource Management Amendment Act 1994 (1994 No 105).
                    • Section 340(1)(a): amended, on , by section 57(1) of the Resource Management Amendment Act 1997 (1997 No 104).
                    • Section 340(2): replaced, on , by section 140 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                    • Section 340(3): replaced, on , by section 140 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).