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Fisheries Act 1996

Offences and penalties - Proceedings, defences, etc

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

You could also call this:

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

Illustration for Fisheries Act 1996

If you do something wrong as an agent or employee of someone else, they can be held responsible for your actions. This also applies if you are working for a company and you do something wrong, the company can be held responsible. You can read more about defences to an offence in section 241. If you are charged with something, you can use a defence, but only if you can prove it applies to the person who actually did the wrong thing. The court will consider things like whether you benefited from the wrong action, and whether you took steps to stop it from happening. You are considered to be acting as an agent if you are working for someone, even if you are not getting paid. If someone is working for you as an agent, and they have their own agents or employees, those people are also considered to be working for you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398805.

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Work and jobs > Worker rightsCrime and justice > Criminal lawBusiness > Industry rules
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244: Liability of body corporate, or

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

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246: Liability of directors and managers, or

"Company bosses can be in trouble if their company breaks fishing laws"

Part 13Offences and penalties
Proceedings, defences, etc

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

  1. Any act or omission on behalf of a person other than a body corporate by—

  2. an agent or employee of that person, or the master or any member of the crew of a vessel registered in the name of that person (whether as operator or notified user); or
    1. any person at the direction or with the consent or agreement, whether express or implied, of any person referred to in paragraph (a),—
        1. shall be deemed, for the purpose of this Act, also to be the act or omission of the first-mentioned person.

      1. Any act or omission on behalf of a body corporate by—

      2. a director, agent, or employee of that body corporate, or the master or any member of the crew of a vessel registered in the name of that body corporate (whether as operator or notified user); or
        1. any other person at the direction or with the consent or agreement, whether express or implied, of any person referred to in paragraph (a)—
            1. shall be deemed, for the purpose of this Act, to also be the act or omission of the body corporate.

          1. If any person or body corporate is charged in relation to the act or omission of a person referred to in paragraph (a) or paragraph (b) of subsection (1) or paragraph (a) or paragraph (b) of subsection (2), any defence available under section 241 in relation to an offence against this Act is available to that person or body corporate only to the extent that it can be proved in relation to the act or omission of the relevant person referred to in paragraph (a) or paragraph (b) of subsection (1) or paragraph (a) or paragraph (b) of subsection (2), unless the court is satisfied that it would be repugnant to justice for that defence to be so limited having regard to—

          2. any likely or possible benefit accruing to, or detriment suffered by, the person or body corporate from the act or omission in respect of which the proceedings are brought, had the alleged offence remained undetected; and
            1. the purpose or motive of the relevant person referred to in paragraph (a) or paragraph (b) of subsection (1) or paragraph (a) or paragraph (b) of subsection (2); and
              1. the relationship between the person or body corporate and the relevant person referred to in paragraph (a) or paragraph (b) of subsection (1) or paragraph (a) or paragraph (b) of subsection (2), or between the person or body corporate and any person appearing or likely to benefit from the alleged offence; and
                1. in the case of a body corporate, whether or not any person responsible for, or closely associated with, the management of the body corporate appears to have benefited from the act or omission, or would have been likely to benefit if the alleged offence had remained undetected; and
                  1. whether or not the person or body corporate had taken all reasonable steps and exercised due diligence to control the activities of the relevant person referred to in subsection (1)(a) or (b) or subsection (2)(a) or (b), to ensure that the act or omission did not occur.

                    1. For the purposes of this section,—

                    2. a person may act as an agent of another person or body corporate whether or not the first-mentioned person is employed by the other person or body corporate and whether or not acting for reward:
                      1. any agent or employee of a person acting as an agent shall be deemed to be also acting as an agent for the other person or body corporate referred to in paragraph (a).

                        Compare
                        Notes
                        • Section 245(3)(d): amended, on , by section 56(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                        • Section 245(3)(e): added, on , by section 56(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).