Fisheries Act 1996

Offences and penalties - Proceedings, defences, etc

246: Liability of directors and managers

You could also call this:

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

You can be liable if a company breaks the law under the Fisheries Act 1996. If you are a director or manager of the company, you can also be charged with an offence. This happens if the offence occurred with your permission or if you knew about it and did not try to stop it. You will face a penalty if you are found guilty of the offence. The penalty is the one specified in the Act for that particular offence. You can be convicted even if the company has not been charged with the same offence. The law applies to you even if the company has not been charged with the offence. You can be charged and convicted separately from the company. The penalty you face is based on the specific offence under the Fisheries Act 1996, as seen in the Fisheries Act 1996 Amendment Act 1999.

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This page was last updated on 12 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398808.

Topics:

Environment and resources > Farming and fishingBusiness > Industry rules

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."

247: Presumption as to authority, or

"Assuming something is genuine unless proven otherwise"

Part 13Offences and penalties
Proceedings, defences, etc

246Liability of directors and managers

If a body corporate commits an offence against this Act, every director, and every person concerned in the management of the body corporate, also commits an offence if it is proved that—
the act or omission that constituted the offence took place with the director's or person's authority, permission, or consent; or
the director or person knew or should have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.

Every person to whom subsection (1) applies is liable on conviction to the appropriate penalty specified by this Act in respect of the provision creating the offence.
A person may be convicted of an offence against this section even though the body corporate has not been charged with that offence or a similar offence.

Notes

Section 246: substituted, on 1 October 2001, by section 57 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).