Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Planning Bill

Enforcement and other matters - Enforcement - Penalties

257: Liability of principal for acts of agents

You could also call this:

"Your boss can get in trouble if you do something wrong at work."

Illustration for Planning Bill

If you do something wrong under this proposed law as an employee or agent of someone else, your boss can be held responsible. You can be held responsible if you told your employee to do the wrong thing or knew it was happening and did not stop it. Your boss having to take responsibility does not mean you are off the hook, you can still get in trouble.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1530159.

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256: Penalties, or

"What happens if you break the law: penalties and fines"

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258: Strict liability and defences, or

"What happens if you're accused of doing something wrong without meaning to"

Part 6Enforcement and other matters
Enforcement: Penalties

257Liability of principal for acts of agents

  1. Subsection (2) applies if an offence is committed against this Act by a person (person A) acting as the agent or employee of another (person B).

  2. Person B is liable for the offence as if person B had personally committed it, if it is proved that person B—

  3. authorised or consented to the act constituting the offence; or
    1. knew the offence was, or was to be, committed and failed to take all reasonable steps to prevent or stop it.

      1. Subsection (2) does not prejudice the liability of person A.

      2. If proceedings are brought against person B under subsection (2), person B has a good defence if—

      3. person B proves,—
        1. in the case of a natural person (including a partner in a firm),—
          1. that person B did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or
            1. that person B took all reasonable steps to prevent the commission of the offence; or
            2. in the case of a person other than a natural person,—
              1. that neither the directors (if any) nor any person involved in the management of person B knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or
                1. that person B took all reasonable steps to prevent the commission of the offence; and
              2. person B proves that they took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.

                1. If a person other than a natural person is convicted of an offence against this Act, a director of the defendant (if any), or a person involved in the management of the defendant, is guilty of the same offence if it is proved—

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