Weights and Measures Act 1987

Offences and penalties

36: Proceedings in relation to offences

You could also call this:

"How legal cases are started and handled when someone breaks weighing and measuring rules"

If someone breaks the rules in the Weights and Measures Act, an Inspector must start the legal process. The Inspector or a lawyer can handle the case in court. Sometimes, if a judge says it's okay, someone else might be allowed to handle the case too.

When an Inspector starts a case about breaking these rules, they don't need to prove that they are really an Inspector. The court already believes that they are.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102959.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

35: Court may order offender to make good any deficiency, or

"Court can make you fix mistakes if you sell less than promised"

37: Presumption as to possession of weights, measures, etc, for use for trade, or

"The law assumes weights and measures at work are for trading"

Part 6Offences and penalties

36Proceedings in relation to offences

Proceedings for an offence against this Act—
must be commenced by an Inspector; and
may be conducted by any barrister or solicitor or Inspector, or, with the leave of a District Court Judge, by any other person.

In any proceedings for an offence against this Act an Inspector who files a charging document in respect of any offence shall not be called on to prove that the person is an Inspector.

Compare

1925 No 26 s 34(2)

Notes

Section 36(1)(a): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 36(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).