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Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

Permits, enforcement, and regulations for protected areas - Monitoring and enforcement - Offences

53: Liability of director or manager of body corporate

You could also call this:

"Company bosses can be responsible if their company breaks the law"

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

When a company breaks the law under the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025, you might wonder who is responsible. If you are a director or manager of the company, you can also be guilty of the offence. This happens if you agreed to the action, did it, or knew it was happening and did not try to stop it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS882851.

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Crime and justice > Criminal lawBusiness > Industry rulesEnvironment and resources > Conservation
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52: Prosecution and defence for strict liability offences, or

"What happens if you're accused of breaking a marine protection rule without meaning to"

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"You have 12 months to file a charging document for a marine offence."

Part 3Permits, enforcement, and regulations for protected areas
Monitoring and enforcement: Offences

53Liability of director or manager of body corporate

  1. This section applies when a body corporate is convicted of an offence against this Act.

  2. A director or manager of the body corporate is also guilty of the offence if it is proved that the director or manager—

  3. authorised, permitted, consented to, or participated in the act or omission that constituted the offence; or
    1. 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.