Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Offences relating to transport services and penalties

79K: Liability of directors of bodies corporate

You could also call this:

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

If a company breaks the law in this part of the Act, the directors of that company can also get in trouble. This happens if:

You allowed the illegal act to happen, even if you didn’t say it was okay out loud.

You didn’t do everything you could to stop the illegal act from happening or to fix it after it happened.

If both of these things are true, you could get the same punishment as the company.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434868.

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79J: Liability of employers and principal, or

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

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79L: Court may require convicted transport service licence holder to sit examination, or

"Court can make transport service licence holders take a test if they break rules"

Part 6A Offences relating to transport services and penalties

79KLiability of directors of bodies corporate

  1. If a body corporate is convicted of an offence against this Part, every director of the body corporate also commits the offence and is liable to the same penalty if it is proved that—

  2. the act or omission that constituted the offence took place with his or her express or implied authority; and
    1. he or she failed to take all reasonable steps to prevent or stop that act, or remedy that omission.

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