Trade in Endangered Species Act 1989

Offences and infringement offences - Offences

50: Onus of proof in respect of certain offences

You could also call this:

"You must prove you have a permit if you're accused of breaking endangered species rules."

Illustration for Trade in Endangered Species Act 1989

If you are charged with breaking a rule in the Trade in Endangered Species Act, you have to prove you had a permit or certificate. This is if you did something that needs a permit or certificate without having one. You must show you had the permit or certificate at the time to avoid being in trouble.

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This page was last updated on 18 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM147036.

Topics:

Environment and resources > ConservationCrime and justice > Criminal law

49: General offence, or

"Breaking a rule with no specific penalty can cost you up to $2,000"

50A: Infringement offences, or

"Breaking the rules about trading endangered animals or plants without permission"

Part 4Offences and infringement offences
Offences

50Onus of proof in respect of certain offences

Where any person is charged with an offence against this Act arising out of his or her doing, without a permit or certificate, any action for which a permit or certificate is required, the onus shall be on that person to prove that at the relevant time he or she held the required permit or certificate.

Notes

Section 50: amended, on 12 August 1991, by section 10 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).