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Civil Aviation Act 1990

Rights of appeal

71: Evidence and proof

You could also call this:

"Rules for proving things in court when someone breaks aviation laws"

When someone is accused of breaking this law, there are special rules about how to prove things in court. You don't always need the original documents to prove something. Here's what you need to know:

If the Director or someone they choose signs a copy of an aviation document, that copy is good enough to prove the document is real, unless someone can show it's not.

The Director or someone they choose can give a certificate about what's in the New Zealand Register of Aircraft. This certificate is enough to prove what it says, unless someone can show it's wrong.

The Director or someone they choose can give a certificate saying if a person or organisation had an aviation document on a certain date. This is enough to prove it, unless someone can show it's not true.

The Director can write a statement saying if someone had a medical certificate on a certain date. This is enough to prove it, unless someone can show it's not true.

If someone shows a certified copy of material that's part of a rule, that's enough to prove what the rule says, unless someone can show it's not correct.

Unless someone can prove otherwise, any certificate that looks like it's from the Director or someone they chose is assumed to be real.

The Secretary can make a copy of a licence given under Part 8A, and if they say it's correct, that copy can be used to prove the licence exists.

If someone shows a copy of a rule made by the Minister or an emergency rule made by the Director, that's enough to prove the rule exists and was made properly, unless someone can show it's not true.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM217169.

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Part 6Rights of appeal

71Evidence and proof

  1. In any proceedings for an offence against this Act, the following provisions shall apply:

  2. a copy of any aviation document which is certified correct by the Director or any other employee of the Authority authorised in that behalf by the Director shall be sufficient, in the absence of proof to the contrary, to prove that document:
    1. evidence of the contents of the New Zealand Register of Aircraft maintained under section 72B(f) may be given by a certificate signed by the Director or any other employee of the Authority authorised in that behalf by the Director; and every such certificate shall be sufficient evidence of the matters stated in it, until the contrary is proved:
      1. the production of a certificate signed by the Director or any other employee of the Authority authorised in that behalf by the Director to the effect that on a specified date a person or organisation was or was not the holder of any aviation document or any specified type of aviation document shall be sufficient evidence of the matter certified, until the contrary is proved:
        1. the production of a written statement signed by the Director to the effect that on a specified date a person was or was not the holder of a medical certificate issued under Part 2A, or the rules before the commencement of the Civil Aviation (Medical Certification) Amendment Act 2001, is sufficient evidence of the matter stated, until the contrary is proved:
          1. the production of a certified copy of material incorporated by reference is, in the absence of evidence to the contrary, sufficient evidence that the material produced is the material incorporated by reference in a rule:
            1. until the contrary is proved, it shall be presumed that every certificate purporting to have been certified or given under this section has been certified or given by the Director or by any other employee of the Authority authorised by the Director to certify documents or give certificates under this section.
              1. any licence granted under Part 8A may be proved by the production of a copy of that licence certified to be correct by the Secretary.

                1. Without limiting any other method of proof, the production in any proceedings of a copy of—

                2. any ordinary rule purporting to have been made by the Minister under Part 3; or
                  1. any emergency rule purporting to have been made by the Director under section 31—
                      1. shall, in the absence of proof to the contrary, be sufficient evidence of the rule and of the fact that it has been made in accordance with the provisions of that Part.

                    Notes
                    • Section 71(1)(a): amended, on , by section 30(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                    • Section 71(1)(b): amended, on , by section 23(1) of the Civil Aviation Amendment Act 1996 (1996 No 91).
                    • Section 71(1)(b): amended, on , by section 30(b) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                    • Section 71(1)(c): amended, on , by section 30(c) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                    • Section 71(1)(ca): inserted, on , by section 10(1) of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).
                    • Section 71(1)(cb): inserted, on , by section 11 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).
                    • Section 71(1)(d): amended, on , by section 30(d) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                    • Section 71(1)(e): added, on , by section 23(2) of the Civil Aviation Amendment Act 1996 (1996 No 91).
                    • Section 71(2): added, on , by section 6 of the Civil Aviation Amendment Act 1993 (1993 No 90).