Conservation Act 1987

Miscellaneous

43A: Evidence in proceedings

You could also call this:

"What evidence can be used in court for Conservation Act cases"

When you are in court for something related to the Conservation Act, some documents can be used as evidence. If someone says you did not have a fishing permit or dog control permit, a certificate from the Director-General can be used to prove this, unless you can prove otherwise. The Director-General is a person in charge of the Department of Conservation.

If you need to prove you have a licence or document, a copy of it that is certified correct by the Director-General can be used as proof, unless someone proves it is wrong. The Director-General or someone they authorise can sign the copy to confirm it is correct. This signed copy can be used in court.

In court, if someone produces a certificate or document that seems to be signed by the right person, it can be used as evidence without needing to prove who signed it. If the Director-General signs a certificate saying some land is a controlled dog area or an open dog area, this can be used as proof of that, unless someone proves it is wrong, in relation to Part 5B or Part 5C of the Act or regulations made under section 48A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106673.


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"What happens if you break a conservation rule and get in trouble with the law"


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43B: Strict liability, or

"No intention needed to be proven for breaking some conservation rules"

Part 6Miscellaneous

43AEvidence in proceedings

  1. Subject to subsections (3) and (4), in any proceedings in respect of an offence against any provision of Part 5B or Part 5C or of any regulation made under section 48A, a certificate purporting to be signed by the Director-General or any officer authorised by the Director-General for that purpose to the effect that, on a date specified in the certificate, the defendant or other named person was not the holder of a fishing permit or dog control permit, as the case may be, shall, in the absence of proof to the contrary, be sufficient evidence of the matter stated in the certificate.

  2. A copy of any licence or document granted or issued under this Act which is certified correct by the Director-General, or any officer of the Department duly authorised by the Director-General in that behalf, shall be sufficient, in the absence of proof to the contrary, to prove that licence or other document.

  3. The production of any certificate or copy of any document for the purpose of this section purporting to be signed by any person authorised under this section to sign it shall be prima facie evidence of the certificate or copy without proof of the signature of the person appearing to have signed it.

  4. The production of any certificate or copy of any document signed by the Director-General and certifying that the land upon which any offence is alleged to have taken place was included within a controlled dog area or an open dog area, as the case may be, shall be sufficient evidence that the land was within a controlled dog area or an open dog area, as the case may be.

Notes
  • Section 43A: substituted, on , by section 5 of the Conservation Amendment Act (No 2) 1996 (1996 No 14).