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Natural Environment Bill

Enforcement and other matters - Enforcement - Penalties

281: 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 Natural Environment Bill

If you do something wrong against this Act while working for someone else, your boss can get in trouble too. You can be held responsible if you told your worker to do the wrong thing or knew it was happening and did not stop it. Your worker can still get in trouble even if you do. If someone takes you to court for something your worker did, you have a good defence if you can prove you did not know about it or took steps to stop it. You also need to prove you tried to fix any problems caused by the wrong action. If a company breaks the law, the people in charge can get in trouble if they knew about it and did not stop it. If the people in charge of a company knew something wrong was happening and did not try to stop it, they can get in trouble too. They need to have taken steps to prevent the wrong thing from happening or to fix the problems it caused. This means you have to take responsibility for what your workers do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1539767.

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280: Penalties, or

"What happens if you break the environment rules"

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282: Strict liability and defences, or

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Part 6Enforcement and other matters
Enforcement: Penalties

281Liability 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.