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New Zealand law explained for everyone

Health and Safety at Work Act 2015

Enforcement and other matters - General provisions relating to proceedings

161: Conduct of directors, employees, or agents attributed

You could also call this:

“When people act for you, you may be responsible for their actions”

If someone does something for you, you might be responsible for what they do. This is true whether you are a person or a company.

If you are an individual, you are responsible for what your employees or agents do when they are working for you. You are also responsible if you tell someone else to do something, or if you agree to let them do it.

If you are a company or organisation, you are responsible for what your officers, employees, or agents do when they are working for you. You are also responsible if one of your officers, employees, or agents tells someone else to do something, or if they agree to let someone do it.

This rule applies even if you didn’t directly tell the person to do the thing. As long as they were acting like they had your permission, you can still be held responsible.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6544161.

Topics:
Work and jobs > Worker rights
Business > Industry rules
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160: State of mind of directors, employees, or agents attributed, or

“How employees' or agents' thoughts can represent a person or company in legal cases”

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162: Proceedings involving classified security information, or

“Handling sensitive information in court cases (now removed from law)”

Part 4 Enforcement and other matters
General provisions relating to proceedings

161Conduct of directors, employees, or agents attributed

  1. Conduct engaged in on behalf of an individual (person A) by any of the following must be treated, for the purposes of this Act, as having been engaged in also by person A:

  2. an employee or agent of person A, acting within the scope of his, her, or its actual or apparent authority:
    1. any other person at the direction or with the consent or agreement (whether express or implied) either of person A or an employee or agent of person A, given within the scope of the actual or apparent authority of the employee or agent.

      1. Conduct engaged in on behalf of a person (other than an individual) by any of the following must be treated, for the purposes of this Act, as having been engaged in also by that person:

      2. an officer, employee, or agent of the person acting within the scope of his, her, or its actual or apparent authority:
        1. any other person at the direction or with the consent or agreement (whether express or implied) of an officer, employee, or agent of the person, given within the scope of the actual or apparent authority of the officer, employee, or agent.

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