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Local Government Act 2002

Offences, penalties, infringement offences, and legal proceedings - Legal proceedings - Evidence

251: Evidence of ownership, vesting, or control

You could also call this:

“How a local council can prove it owns or controls something”

In legal cases started by a local authority to enforce this Act or its rules, there are two important pieces of evidence:

First, if the local authority shows the rating information database, it proves who owns a property unless someone can show it’s wrong. The rating information database is explained in the Local Government (Rating) Act 2002.

Second, if the chief executive of the local authority writes a statement saying certain works or property belong to or are controlled by the local authority, this statement proves it’s true unless someone can show it’s not.

These rules make it easier for the local authority to prove things in court without needing lots of other evidence.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174070.

Topics:
Government and voting > Local councils
Crime and justice > Courts and legal help
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Part 9 Offences, penalties, infringement offences, and legal proceedings
Legal proceedings: Evidence

251Evidence of ownership, vesting, or control

  1. In legal proceedings commenced by, or on behalf of, a local authority to enforce a provision of this Act, or of a regulation or bylaw made under it,—

  2. the production of the rating information database (within the meaning of the Local Government (Rating) Act 2002) is evidence that a person entered as the ratepayer of any rating unit is the owner unless the contrary is proved; and
    1. an affidavit by the chief executive stating that specified works or property are vested in, or under the control of, the local authority is evidence of the matter unless the contrary is proved.

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