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Privacy Act 2020

Miscellaneous provisions - Liability and offences

211: Liability of employers, principals, and agencies

You could also call this:

"When employees do something wrong, they and their bosses can both get in trouble."

Illustration for Privacy Act 2020

If you do something wrong as an employee, you and your employer can both be held responsible. You are also responsible for what you do, and your employer is responsible for what you do. If someone does something wrong as your agent, they and you can both be held responsible, unless they did it without your permission.

If someone does something wrong as part of an agency, they and the agency can both be held responsible, unless they did it without the agency's permission. If someone sues your employer because of something you did as an employee, your employer has a defence if they can prove they tried to stop you from doing it.

This defence overrides the rule that says you and your employer are both responsible for what you do as an employee. This section is subject to sections 119 and 120.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23700.

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Part 9Miscellaneous provisions
Liability and offences

211Liability of employers, principals, and agencies

  1. For the purpose of this Act,—

  2. anything done or omitted to be done by a person (A) as an employee of another person (B) is to be treated as being done or omitted by both A and B, whether or not it was done or omitted with B’s knowledge or approval:
    1. anything done or omitted to be done by a person (A) as an agent of another person (B) is to be treated as being done or omitted by both A and B, unless it was done or omitted without B’s express or implied authority:
      1. anything done or omitted to be done by a person as a member of an agency is to be treated as being done or omitted by both the person and the agency, unless it is done or omitted without the agency’s express or implied authority.

        1. In proceedings under this Act against any person (C) in respect of an act alleged to have been done by an employee of that person (D), it is a defence to prove that C took such steps as were reasonably practicable to prevent D from doing that or any similar act.

        2. Subsection (2) overrides subsection (1)(a).

        3. This section is subject to sections 119 and 120.

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