New Zealand Legislation: Acts

77 Liability of employers, principals, and directors

• (1) An act done by a person as the employee (the employee) of another person (the employer) is, for the purposes of an offence against this Act, to be treated as done by the employer as well as by the employee if—

  • (a) the employer approved of the act; or

  • (b) the employer knew that the act was to be done or was being done and failed to take all reasonable steps to prevent it.

  (2) An act done by a person as the agent (the agent) of another person (the principal) is, for the purposes of an offence against this Act, to be treated as done by the principal as well as by the agent if—

  • (a) the principal approved of the act; or

  • (b) the principal knew that the act was to be done or was being done and failed to take all reasonable steps to prevent it.

  (3) Whenever a body corporate is convicted of an offence against this Act, a director of the body corporate is to be treated as having committed the same offence if—

  • (a) the director approved of the act that constituted the offence; or

  • (b) the director knew the offence was to be or was being committed and failed to take all reasonable steps to prevent it.

  (4) In subsection (3), director includes a person who is concerned in the management of a body corporate.