Animal Products Act 1999

Offences, penalties, and proceedings - Offences

144: Liability of companies and persons for actions of agent or employee

You could also call this:

"Companies and bosses are responsible for what their workers do"

If you are in charge of a company, you are responsible for what your employees or agents do. When your employees or agents do something, it is like you did it yourself, and this applies to the Animal Products Act 1999. You will be treated as if you did the action.

If you are charged with an offence under the Act because of something your agent did, you have a defence if you can prove you took all reasonable steps to stop the offence from happening. This defence applies to certain sections of the Act, such as sections 126, 127, 128, 131(1)(b), 131(1)(c), and 131(2)(b). You must show you tried to prevent the offence or similar offences.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35771.

143: Liability of directors and managers of companies, or

"Company bosses can get in trouble if their company breaks the rules"

144A: Order to pay amount because of commercial gain, or

"Paying back money if you broke the rules for personal gain"

Part 10Offences, penalties, and proceedings
Offences

144Liability of companies and persons for actions of agent or employee

Any act or omission on behalf of a body corporate or other person (both called the principal) by a director, agent, or employee (each called the agent) of the principal is to be treated for the purposes of this Act as being also the act or omission of the principal.
Despite subsection (1), where a principal is charged under this Act in relation to the act or omission of an agent for an offence against any of sections 126, 127, 128, 131(1)(b), 131(1)(c), and 131(2)(b), it is a good defence to the charge if the principal proves that the principal took all reasonable steps to prevent the commission of the offence or the commission of offences of that kind.