31 Aug 2021
AMALTAL FISHING CO LIMITED v MINISTRY FOR PRIMARY INDUSTRIES [2021] NZHC 2275 [31 August 2021]
- Citation
- [2021] NZHC 2275
- Court
- High Court
The High Court held Mr Saunders was not acting as an agent of Amaltal at the relevant time and common law attribution principles do not support attributing his conduct to Amaltal for the s 18I MRA offence; absent a clear statutory basis or controlling-mind relationship, extending attribution beyond employer/employee or demonstrable agency exceeded the permissible scope of attribution for this criminal provision, and accordingly Amaltal's conviction was quashed.