When you are trying to figure out if a company or person is responsible for something under the Financial Markets Conduct Act 2013, you need to understand what they were thinking. If a company did something wrong, it is enough to show that one of its directors, employees, or agents was thinking a certain way when they did it. This person must have been acting within their job description or what you would normally expect them to do. You can think of this like a big team effort, where the team's actions are linked to what the team members were thinking.

If it is not a company, but a person who did something wrong, you still need to understand what they were thinking. It is enough to show that one of their employees or agents was thinking a certain way when they did it. This employee or agent must have been acting within their job description or what you would normally expect them to do.

When we talk about what someone was thinking, we mean things like what they knew, what they wanted to do, what they believed, or why they wanted to do something. You can find more information about this by looking at the Financial Markets Conduct Act 2013 and similar laws, such as the one mentioned here. This can help you understand how the law works in New Zealand.