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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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What penalties would apply company that has been

Customer Question

What penalties would apply for a company that has been consistently overstating the off highway km's that are claimed back as a RUC refund.
Would working in the office make me liable for anything.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

The company and directors may be fined substantial sums-see this section

79K Liability of directors of bodies corporate

If a body corporate is convicted of an offence against this Part, every director of the body corporate also commits the offence and is liable to the same penalty if it is proved that—

(a)the act or omission that constituted the offence took place with his or her express or implied authority; and

(b)he or she failed to take all reasonable steps to prevent or stop that act, or remedy that omission.

And this section

79U Offence to cause or require driver to breach maximum gross weight limits

Every person commits an offence, and is liable on conviction to a fine not exceeding $25,000, who, by act or omission, directly or indirectly causes or requires (whether or not the sole cause) a driver to operate a vehicle or combination of vehicles in breach of the applicable maximum gross weight limits for that vehicle or combination of vehicles if that person knew, or should have known, that the breach would, or would be likely to, occur.

This could be a criminal charge if this was a concealment for fraudulent purposes and possibly have a jail sentence. As an office worker you are unlikely to be involved unless you actively assisted in the overstatement