LIABILITY UNDER THE RMA
Vicariously Yours - The Who, What, Why and How of liability under the RMA

In taking enforcement action under the RMA, it is critical not only to identify the relevant breach, but also to be clear about who can and should be held responsible for it.  Depending on the nature of the enforcement action to be taken and the outcomes you hope to achieve, different parties may come into the picture as appropriate subjects for enforcement action.  Increasingly, the subjects of enforcement action are advancing largely technical challenges based on their specific liability rather than contesting the breach itself.
 

Using case studies, this presentation will address how your compliance team can ensure the right parties are targeted for enforcement action so as to achieve meaningful outcomes.  Topics covered will include:
 

• Direct liability versus vicarious liability under section 340

• "Permitting" versus vicarious liability for corporate defendants

• Applying the section 340(2) defence

• Enforcement action against directors, resource consent holders, contractors and individuals

• Who or what qualifies as a "person" under the RMA

• The appropriate form of charging documents

• Appropriate parties for abatement notices or enforcement orders

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These points are not just to be left to the lawyers.  It is critical that investigators have a clear understanding of issues relating to liability under the RMA so that the right questions are asked and the right parties end up with the notice, in the order, or in the dock.