Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Offences relating to transport services and penalties

79J: Liability of employers and principal

You could also call this:

“Employers and bosses can get in trouble if their workers break the rules”

If you work for someone or do work for them, and you break the rules in this part of the law, both you and the person you work for might get in trouble. This can happen even if the person you work for didn’t know what you were doing.

The person you work for can get in trouble if they knew, or should have known, that you were going to break the rules or were breaking them. They can also get in trouble if they didn’t do enough to stop you from breaking the rules.

The person you work for can also get in trouble if they didn’t do enough to fix the problems caused by you breaking the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434867.

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79I: Contravention of section 128B, or

"Breaking rules for tow truck drivers and companies"

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79K: Liability of directors of bodies corporate, or

"Company bosses can get in trouble if their company breaks the law"

Part 6A Offences relating to transport services and penalties

79JLiability of employers and principal

  1. If an offence is committed against this Part by a person as the employee, agent, or contractor of another person, that offence must be treated as having been committed by both persons, whether or not it was done with the other person's knowledge or approval, if it is proved that—

  2. the other person—
    1. knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and
      1. failed to take the steps that were reasonably practicable to prevent the commission of the offence; and
      2. the other person failed to take the steps that were reasonable in the circumstances to remedy the effects of the act or omission that gave rise to the offence.

        Compare
        Notes
        • Section 79J: inserted, on , by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).