Land Transport Act 1998

If you need more information about this Act, please contact the administering agency: Ministry of Transport
  • not the latest version
  • This version was replaced on 10 November 2017 to make corrections to section 158(b)(ix) under section 25(1)(j)(ii) and (iv) of the Legislation Act 2012.
79J Liability of employers and principal

If an offence is committed against this Part by a person as the employee, agent, or contractor of another person, that offence must be treated as having been committed by both persons, whether or not it was done with the other person’s knowledge or approval, if it is proved that—


the other person—


knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and


failed to take the steps that were reasonably practicable to prevent the commission of the offence; and


the other person failed to take the steps that were reasonable in the circumstances to remedy the effects of the act or omission that gave rise to the offence.

Compare: 1989 No 74 s 5(3)

Section 79J: inserted, on 1 October 2007, by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).