Human Rights Act 1993

Unlawful discrimination - Other forms of discrimination

68: Liability of employer and principals

You could also call this:

"When you do something wrong at work, your boss can also get in trouble"

If you do something or don't do something as an employee, your employer can also be held responsible. You can be held responsible for what your employees do, even if you didn't know about it. If someone sues your employer because of something you did, your employer can say it's not their fault if they can prove they tried to stop you. If you do something or don't do something as someone's agent, they can also be held responsible. You can be held responsible for what your agents do, unless they did something without your permission. Your employer can defend themselves by saying they did everything they could to stop you from doing something wrong. If your employer is sued because of something you did, they have to prove they took reasonable steps to prevent it. This means they have to show they did what a reasonable person would do to stop you. You and your employer can both be held responsible for what you do as an employee.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304661.

This page was last updated on 13 December 2025 — View changes

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Part 2Unlawful discrimination
Other forms of discrimination

68Liability of employer and principals

Subject to subsection (3), anything done or omitted by a person as the employee of another person shall, for the purposes of this Part, be treated as done or omitted by that other person as well as by the first-mentioned person, whether or not it was done with that other person's knowledge or approval.
Anything done or omitted by a person as the agent of another person shall, for the purposes of this Part, be treated as done or omitted by that other person as well as by the first-mentioned person, unless it is done or omitted without that other person's express or implied authority, precedent or subsequent.
In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing as an employee of that person acts of that description.

Compare

1977 No 49 s 33