New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 410

410 Liability of principal for acts of agents

1 Where an offence is committed against this Act by any person acting as the agent 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.

2 Notwithstanding anything in subsection (1), where any proceedings are brought by virtue of that subsection, it shall be a good defence if the defendant proves,—

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

i) he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or

ii) he or she took all reasonable steps to prevent the commission of the offence:

b) in the case of a body corporate, that—

i) neither the directors nor any person involved in the management of the body corporate knew or could reasonably be expected to have known that the offence was to be or was being committed; or

ii) the body corporate took all reasonable steps to prevent the commission of the offence:

c) in all cases, that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.

3 Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of the like offence if it is proved—

a) that the act 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.

Note: 1991 No 69 s 340