Lawyers and Conveyancers Act 2006

Complaints and discipline - Offences

264: Liability of principal for acts of agent, etc

You could also call this:

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

Illustration for Lawyers and Conveyancers Act 2006

If you do something wrong as an employee or agent of someone else, they can also be held responsible. This is if you did the wrong thing with their permission or because they were neglectful. You can both be liable under the law. If a company does something wrong, the directors and people in charge can also be guilty. This is if the wrong thing was done with their permission or because they were neglectful. They can be guilty of the same offence as the company. When someone is in charge of others, they must make sure the people working for them follow the law, especially in relation to sections 261 to 263. If the people working for them do something wrong, the person in charge can be held responsible. This is part of being responsible for the actions of others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367323.

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263: Publication, or

"Breaking a Disciplinary Tribunal order can lead to a big fine."


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265: Time for filing charging document, or

"You have 2 years to file a complaint about a lawyer or conveyancer who breaks the law."

Part 7Complaints and discipline
Offences

264Liability of principal for acts of agent, etc

  1. Where an offence is committed against any provision of sections 261 to 263 by any person acting as the agent or employee of another person, or being otherwise subject to the supervision or instructions of another person for the purposes of any employment in the course of which the offence was committed, that other person is, without prejudice to the liability of the first-mentioned person, liable under that provision in the same manner and to the same extent as if he or she had committed the offence if it is proved that the act that constituted the offence was committed with his or her authority, permission, or consent or that it was attributable to any neglect on his or her part.

  2. Where any body corporate is convicted of an offence against any provision of sections 261 to 263, every director and every person concerned in the management of the company is guilty of a like offence if it is proved that the act that constituted the offence was committed with his or her authority, permission, or consent or that it was attributable to neglect on his or her part.

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