Local Government (Rating) Act 2002

Replacement of rates and miscellaneous matters - Miscellaneous matters

135: Evidence of certain matters

You could also call this:

"Using council documents as evidence in court"

Illustration for Local Government (Rating) Act 2002

When you are in court, a document can be used as evidence if it looks like a copy of a decision to set a rate or a copy of information from a special book that lists property values, a database with rating information, or a local council's records of rates. You do not need to prove that the information in the document is correct unless someone can show that it is wrong. The document must be signed by the chief executive officer of the local council or someone the council has authorised to sign it.

You do not need to prove that the signature on the document is genuine. This means that if the document looks like it is signed by the right person, you can trust that it is.

If you have a document like this, it can be used in court to help prove something, as long as it meets these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133196.


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Part 5Replacement of rates and miscellaneous matters
Miscellaneous matters

135Evidence of certain matters

  1. In any proceedings, a document that appears to be a copy of a resolution that sets a rate or a copy of an extract from a district valuation roll, a rating information database, or the rates records of a local authority must be received as evidence of the correctness of the content of the document unless the contrary is proved.

  2. The document must be signed by the chief executive officer or another person who is authorised by the local authority to do so, and it is not necessary to prove the signature of the officer or person.

Notes
  • Section 135(2): amended, on , by section 10 of the Local Government (Rating) Amendment Act 2004 (2004 No 66).