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Biosecurity Act 1993

Enforcement, offences, and penalties - Pecuniary penalties

154I: Liability of principals and employers

You could also call this:

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

If you do something wrong under the Biosecurity Act, you can get a penalty. You might be working for someone else when you do the wrong thing. The person you work for can also get a penalty if they knew about what you did or if they said it was okay.

If the person you work for is a company, the court can give a penalty to the company and also to the people in charge of the company. This happens if the people in charge knew about what you did or if they said it was okay. The court can do this if you did something wrong under section 154H of the Biosecurity Act.

The penalty for the person you work for does not change the penalty you get. You can both get a penalty for the same wrong thing. The court decides who gets a penalty and how much it is.

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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=DLM4759451.

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154H: Pecuniary penalty order, or

"A fine you might have to pay if you break biosecurity rules and can't show a good reason why."

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154J: Amount, or

"How much money you might have to pay if you break the law"

Part 8Enforcement, offences, and penalties
Pecuniary penalties

154ILiability of principals and employers

  1. Subsections (2) and (3) apply if the person who is liable under section 154H(2) was acting as the agent or employee of another person at the time of the non-compliance.

  2. The other person is liable under section 154H in the same manner and to the same extent as if he or she had personally failed to comply, if it is proved—

  3. that the act or omission that constituted the non-compliance took place with his or her authority, permission, or consent; or
    1. that he or she knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it.

      1. The liability described in subsection (2) does not affect the liability described in subsection (1).

      2. A court that makes an order under section 154H against a body corporate may also make an order against every director or person concerned in the management of the body corporate if it is proved—

      3. that the act or omission that constituted the non-compliance took place with the director or person's authority, permission, or consent; or
        1. that the director or person knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it.

          Notes
          • Section 154I: inserted, on , by section 66 of the Biosecurity Law Reform Act 2012 (2012 No 73).