Section 387 — Building Act 2004: Liability for acts of employees or agents of Crown organisations

387 Liability for acts of employees or agents of Crown organisations (1) Section 386 does not apply if a person acting as agent or employee of a Crown organisation commits an offence under this Act. (2) If an offence referred to in section 6(1)(a) of the Crown Organisations (Criminal Liability) Act 2002 is committed by a person acting as the agent or employee of a Crown organisation, the Crown organisation must (without affecting the personal liability of the agent or employee) be treated for all legal purposes as having committed that offence. (3) Despite subsection (2) , if proceedings for an offence referred to in section 6(1)(a) of the Crown Organisations (Criminal Liability) Act 2002 are brought against a Crown organisation in reliance on subsection (2) , it is a good defence if the Crown organisation proves that— (a) the organisation took all reasonable steps to remedy any effects of the act or omission constituting the offence; and (b) either— (i) no person involved in the management of the organisation knew or could reasonably be expected to have known that the offence was to be or was being committed; or (ii) the organisation took all reasonable steps to prevent the commission of the offence. (4) If a Crown organisation is convicted of an offence against this Act, the chief executive or principal officer (however described) of the organisation and every person concerned in the management of the organisation is guilty of the same offence if it is proved— (a) that the act that constituted the offence took place with that person's 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. Compare: 1991 No 150 s 82