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StatuteHealth and Safety at Work Act 2015

Section 160 — Health and Safety at Work Act 2015: State of mind of directors, employees, or agents attributed

Text of the provision Official document

160 State of mind of directors, employees, or agents attributed (1) If, in any civil proceedings under this Act in respect of any conduct engaged in by an individual, being conduct in relation to which any provision of this Act or regulations applies, it is necessary to establish the state of mind of that individual, it is sufficient to show that an employee or agent of the individual acting within the scope of his, her, or its actual or apparent authority, had that state of mind. (2) If, in any civil or criminal proceedings under this Act in respect of any conduct engaged in by a person other than an individual, being conduct in relation to which any provision of this Act or regulations applies, it is necessary to establish the state of mind of the person, it is sufficient to show that an officer, employee, or agent of the person, acting within the scope of his or her actual or apparent authority, had that state of mind. (3) In this section, state of mind , in relation to a person, includes the knowledge, intention, opinion, belief, or purpose of the person and the person’s reasons for that intention, opinion, belief, or purpose. Compare: Model Work Health and Safety Act (Aust) s 244(2), (3)

Official source: legislation.govt.nz

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