Medicines Act 1981

Application and administration of Act - Application

7: Principals and agents

You could also call this:

"Who is responsible when making, selling, or supplying medicine"

You are considered to make, sell, or supply medicine if you do it yourself or for someone else. When you do things for a business, it includes things done by someone working for you. You are responsible for what you do, even if you work for someone else. If you have permission to make, sell, or supply medicine, and you do it for someone who does not have permission, they will not get in trouble for what you did. You are still responsible for what you do, though. If you have medicine in your care because you work for someone who does not have permission, they will not be considered to have the medicine. If you make, sell, or supply medicine while being supervised by someone who has permission, you are considered to be working for them. The person supervising you is responsible for what you do, but you can still get in trouble if you break the rules, as stated in section 32 and section 79.

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This page was last updated on 27 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM55014.

Topics:

Health and wellbeing > Healthcare servicesBusiness > Industry rules

6: Act to bind Crown, or

"The government must follow this law"

8: Advisory and technical committees, or

"The Minister can appoint expert groups to help make decisions about medicines."

Part 1Application and administration of Act
Application

7Principals and agents

For the purposes of this Act, but subject to subsection (2), every person shall be deemed to manufacture, sell, supply, pack, or label any medicine whether he does so on his own account or as the agent or employee of any other person; and references to things done by a person in the course of a business shall be deemed to include references to things done by an agent or employee of that person in the course of that business.
For the purposes of this Act, if a person who is authorised by or under this Act to manufacture, sell, supply, pack, or label a medicine does so, in accordance with that authority, as the agent or employee of another person who is not so authorised, that other person shall not be held to have manufactured, sold, supplied, packed, or labelled that medicine.
For the purposes of this Act, while a person who is authorised by or under this Act to manufacture, sell, supply, pack, or label a medicine has that medicine in his custody or under his control as the agent or employee of another person who is not so authorised, that other person shall not be held to be in possession of that medicine.
For the purposes of this Act, any natural person who manufactures, sells, supplies, packs, or labels a medicine while working under the supervision and control of a responsible person or of another natural person authorised by or under this Act, otherwise than by section 32, to manufacture, sell, supply, pack, or label that medicine, shall be deemed to be the agent or employee of the responsible person or the person so authorised, and in any such case the responsible person or person so authorised shall be deemed to be the principal or employer of the first-mentioned person, without prejudice to the liability of any other person under section 79.

Compare

1960 No 97 s 2(2)–(5)
1979 No 27 s 6