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Crown Minerals Act 1991

Permits, access to land, and other matters - Offences and miscellaneous - Offences and legal proceedings

102: Liability of principal for acts of agents

You could also call this:

"Your boss can get in trouble if you do something wrong while working for them"

Illustration for Crown Minerals Act 1991

If you do something wrong under the Crown Minerals Act 1991 as an agent or employee of someone else, your boss can also get in trouble. You can both be liable under the Act, even if you acted on your boss's behalf. Your boss is liable in the same way as if they had done the wrong thing themselves.

If your boss is taken to court because of something you did, they can defend themselves if they can prove they did not know about the wrong thing, or if they took steps to stop it from happening. They must also show they tried to fix any problems caused by the wrong thing.

If a company breaks the law under the Crown Minerals Act 1991, the company's directors and managers can also be guilty of the same offence if they allowed it to happen or knew about it and did not 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=DLM246799.

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Part 1BPermits, access to land, and other matters
Offences and miscellaneous: Offences and legal proceedings

102Liability of principal for acts of agents

  1. Where an offence is committed against 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 he, she, or it had personally committed the offence.

  2. Notwithstanding anything in subsection (1), where any proceedings are brought by virtue of that subsection, it shall be a good defence if the defendant proves—

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

            1. Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of the like 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 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.