Fisheries Act 1996

Offences and penalties - Proceedings, defences, etc

244: Liability of body corporate

You could also call this:

"When a company breaks a fishing rule, it's liable if an employee or boss knew what they were doing"

Illustration for Fisheries Act 1996

If someone is taking a body corporate to court for breaking a rule in the Fisheries Act 1996, they need to show what the body corporate was thinking. You can do this by showing that one of its directors, employees, or agents was thinking that way. This person must have been acting within their job or role when they had that thought.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398804.


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"Defence for some fish stocks"


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245: Liability of companies and persons for actions of agent or employees, or

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

Part 13Offences and penalties
Proceedings, defences, etc

244Liability of body corporate

  1. If, in the course of any proceedings against a body corporate for an offence against this Act, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, employee, or agent of the body corporate, acting within the scope of that person's actual or apparent authority, had that state of mind.