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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Offences - Liability for offences

246: Liability of body corporate, principal, or individual

You could also call this:

"Being in charge means you're responsible for what others do"

Illustration for Food Act 2014

If you are part of a company, or you are in charge of someone, you can be held responsible for their actions. This means that if someone who works for you breaks the Food Act 2014, you might also be in trouble. You are treated as if you did the action yourself.

When the law says "agent", it means someone who works for you, or a contractor you have hired. This rule applies to companies, people in charge, and individuals who have someone working for them. It helps make sure everyone follows the Food Act 2014.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996363.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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245: Liability of body corporate, or

"When a company breaks a food rule, it's guilty if someone in the company meant to do it"

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247: Liability of director or manager of body corporate, or

"Company bosses can be in trouble if their company breaks the law and they knew or helped."

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Liability for offences

246Liability of body corporate, principal, or individual

  1. This section applies when—

  2. a body corporate is charged with an offence against this Act for an action or omission of a director, an employee, or an agent:
    1. a principal is charged with an offence against this Act for an action or omission of an agent:
      1. an individual is charged with an offence against this Act for an action or omission of an employee or agent.

        1. The action or omission is treated as also the action or omission of the body corporate, principal, or individual.

        2. In this section, agent includes a contractor.