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Waste Minimisation Act 2008

Offences and enforcement - Liability of principals for acts of agents

70: Liability of principals for acts of agents

You could also call this:

"When you do something wrong at work, your boss can also get in trouble"

Illustration for Waste Minimisation Act 2008

If you do something wrong under the Waste Minimisation Act 2008 while working for someone else, your boss can get in trouble too. Your boss is liable, which means they can be held responsible, in the same way as if they had done the wrong thing themselves. This does not mean you are not responsible, you are still liable for your actions.

If someone takes your boss to court for something you did, your boss has a defence if they can prove they did not know about the wrong thing, or that they took steps to stop it from happening. This defence works differently depending on whether your boss is a natural person or a company.

If a company breaks the law, the people in charge of the company can also be guilty of the same offence if they allowed it to happen or knew about it and did not stop it. You are responsible for what you do, and your boss is responsible for making sure you follow 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=DLM1154652.

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Work and jobs > Worker rightsEnvironment and resources > ConservationBusiness > Industry rules
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69: Defences, or

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Part 5Offences and enforcement
Liability of principals for acts of agents

70Liability of principals for acts of agents

  1. The consequence specified in subsection (2) applies if a person (person A) commits an offence against this Act while acting as an agent (including a contractor) or employee of another person (person B).

  2. Person B is liable under this Act in the same manner and to the same extent as if person B had personally committed the offence.

  3. The liability of person B under subsection (2) is without prejudice to the liability of person A.

  4. If any proceedings are brought by virtue of subsection (2), it is a defence if person B proves,—

  5. in the case of a natural person (including a partner in a firm), that—
    1. he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or
      1. he or she took all reasonable steps to prevent the commission of the offence:
      2. in the case of a body corporate, that—
        1. neither the directors nor any person involved in the management of the body corporate knew or could reasonably be expected to have known that the offence was to be or was being committed; or
          1. the body corporate took all reasonable steps to prevent the commission of the offence.

          2. If a body corporate is convicted of an offence against this Act, every director and every person involved in the management of the body corporate is guilty of the same offence if it is proved—

          3. that the act or omission that constituted the offence took place with that person’s authority, permission, or consent; or
            1. that he or she knew or could reasonably have been expected to know that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.