New Zealand Legislation: Acts

376 Defences

• (1) It is a defence to a director charged with an offence in relation to a duty imposed on the board of a company if the director proves that—

  • (a) the board took all reasonable and proper steps to ensure that the requirements of this Act would be complied with; or

  • (b) he or she took all reasonable and proper steps to ensure that the board complied with the requirements of this Act; or

  • (c) in the circumstances he or she could not reasonably have been expected to take steps to ensure that the board complied with the requirements of this Act.

  (2) It is a defence to a director charged with an offence in relation to a duty imposed on the company if the director proves that—

  • (a) the company took all reasonable and proper steps to ensure that the requirements of this Act would be complied with; or

  • (b) he or she took all reasonable steps to ensure that the company complied with the requirements of this Act; or

  • (c) in the circumstances he or she could not reasonably have been expected to take steps to ensure that the company complied with the requirements of this Act.