Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Offences

340: Liability of principal for acts of agents

You could also call this:

"You're responsible for what your workers do, even if you didn't tell them to do it."

If you do something wrong against the Resource Management Act, you can get in trouble. If someone working for you does something wrong, you can also get in trouble. This is because you are responsible for what your workers do.

If someone working for you breaks the law, you might be able to say it is not your fault. You can say you did not know they were going to do something wrong and you could not have stopped them. You can also say you tried to stop them from doing something wrong.

If you are in charge of a company and the company does something wrong, you can get in trouble too. This can happen if you knew the company was going to do something wrong and you did not try to stop them. You have to make sure you do everything you can to stop the company from doing something wrong.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM239053.


Previous

339C: Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent, or

"Paying fines for breaking ship rules: what happens if you don't pay on time"


Next

341: Strict liability and defences, or

"Breaking rules without meaning to: how you can defend yourself"

Part 12Declarations, 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).