Resource Management Act 1991

340 Liability of principal for acts of agents

(1)

Where an offence is committed against this Act—

(a)

by any person acting as the agent (including any contractor) or employee of another person, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he, she, or it had personally committed the offence; or

(b)

by any person while in charge of a ship, the owner of the ship shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he, she, or it had personally committed the offence.

(2)

Despite anything in subsection (1), if proceedings are brought under that subsection, it is a good defence if—

(a)

the defendant proves,—

(i)

in the case of a natural person (including a partner in a firm),—

(A)

that he or she did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or

(B)

that he or she took all reasonable steps to prevent the commission of the offence; or

(ii)

in the case of a person other than a natural person,—

(A)

that neither the directors (if any) nor any person involved in the management of the defendant knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or

(B)

that the defendant took all reasonable steps to prevent the commission of the offence; and

(b)

the defendant proves that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.

(3)

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—

(a)

that the act or omission that constituted the offence took place with his or her authority, permission, or consent; and

(b)

that he or she 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.

Section 340(1): replaced, on 20 August 1998, by section 22 of the Resource Management Amendment Act 1994 (1994 No 105).

Section 340(1)(a): amended, on 17 December 1997, by section 57(1) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 340(2): replaced, on 1 October 2009, by section 140 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 340(3): replaced, on 1 October 2009, by section 140 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).