Trade Marks Act 2002

Legal proceedings - Miscellaneous - Evidence

161: Evidence of entries, documents, etc

You could also call this:

"Proof of what happened and what's on record"

The Commissioner can give you a certificate that says whether they have or haven't done something they're allowed to do under this law. This certificate is considered good evidence of what it says.

If you need a copy of a registered document, or part of one, that's stored in the system mentioned in section 181(2), the Commissioner can give you one. They will certify that it's a true copy, and it can be used as evidence in court just like the original document.

You can ask the Commissioner for a copy of any information in the register, but you might have to pay a fee.

When the Commissioner does something they're supposed to do under this law, they will tell people about it in a specific way. This announcement is considered good evidence that they did it properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165093.


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Part 4Legal proceedings
Miscellaneous: Evidence

161Evidence of entries, documents, etc

  1. A certificate signed by the Commissioner that certifies that any entry that he or she is authorised by or under this Act to make has or has not been made, or that any other thing that he or she is so authorised to do has or has not been done, is prima facie evidence of the certified matters.

  2. A copy of, or extract from, a registered document particulars of which have been entered in any device or facility referred to in section 181(2) certified to be a true copy or extract by the Commissioner is admissible in evidence in legal proceedings to the same extent as the original document.

  3. A person may, on payment of any fees that are prescribed, require the Commissioner to give or certify a copy of any entry in the register.

  4. The notification in the prescribed manner of the doing, exercise, or performance of an act, power, function, or duty that the Commissioner is directed, authorised, or empowered to do under this Act or otherwise by law is prima facie evidence that it was lawfully done, exercised, or performed.

Notes
  • Section 161(2): amended, on , by section 14 of the Trade Marks Amendment Act 2005 (2005 No 116).