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Copyright Act 1994

Remedies for infringement - Offences

133: Liability of officers of body corporate

You could also call this:

"Company bosses can be guilty if they let the company break the law"

Illustration for Copyright Act 1994

If a company breaks the law under section 131, you can be guilty too if you are a director or help manage the company. You must have let the law-breaking happen or known it was happening and done nothing to stop it. You are guilty if you knew or should have known the law was being broken and did not try to prevent it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346611.

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Crime and justice > Criminal lawBusiness > Industry rules
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Part 6Remedies for infringement
Offences

133Liability of officers of body corporate

  1. Where any body corporate is convicted of an offence against section 131, every director and every person concerned in the management of the body corporate shall be guilty of the offence if it is proved—

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

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