Plain language law

New Zealand law explained for everyone

Health Act 1956

Fluoridation of drinking water - Offences

116N: Liability of principal for acts of agents

You could also call this:

"Your boss can get in trouble if you break the rules at work, even if they didn't know about it."

If you do something wrong against the rules in section 116J while working for someone else, your boss can also get in trouble. You are in trouble if you break the rules, and your boss is in trouble too, even if they did not do it themselves. Your boss can say it is not their fault if they can prove they did not know about the wrong thing being done.

If you are a boss and someone working for you does something wrong against the rules in section 116J, you can say it is not your fault if you can prove you did not know about it and you tried to stop it. You must also prove you tried to fix any problems caused by the wrong thing being done. If you are a company boss and your company does something wrong, you can be in trouble too if you knew about it and did not try to stop it.

If a company does something wrong against the rules in section 116J, the company bosses can also be in trouble if they knew about it and did not try to stop it. They must have known about the wrong thing being done and not done anything to prevent it. The company bosses can get in trouble if they let the wrong thing happen and did not try to fix any problems caused by it.

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 It might be out of date or be missing some parts.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=LMS630044.

Previous

116M: Additional penalty for certain offences for commercial gain, or

"Bigger fines for breaking health laws to make money"

Next

117: Regulations as to public health, or

"Rules to Keep You and Your Community Healthy"

Part 5AFluoridation of drinking water
Offences

116NLiability of principal for acts of agents

  1. If an offence is committed against section 116J by any person (person A) acting as the agent (including any contractor) or employee of another person (person B), person B is, without prejudice to the liability of person A, liable under that section in the same manner and to the same extent as if they personally committed the offence.

  2. Despite subsection (1), if proceedings are brought under that subsection, it is a good defence if the defendant proves,—

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

            1. If any body corporate is convicted of an offence against section 116J, every director and every person concerned in the management of the body corporate is also guilty of that offence if it is proved—

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

                Notes
                • Section 116N: inserted, on , by section 5 of the Health (Fluoridation of Drinking Water) Amendment Act 2021 (2021 No 44).