Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Rights of appeal

72: Evidence of air traffic services provider

You could also call this:

"Records from air traffic services can be used as proof in court"

When someone provides air traffic services, they keep records of aircraft movements. If you go to court or have a legal examination about aircraft movements, these records can be used as evidence. The court will accept these records as proof that the air traffic services described in the document were actually provided on the date and for the aircraft mentioned.

If the air traffic service provider uses a computer to keep their records, these computer records can also be used as evidence in court. An employee of the air traffic service provider needs to confirm that the computer record is real and was made as part of their normal business.

When the law talks about 'computer records', it doesn't just mean information stored on a computer. It can also include things like microfiche (a type of film used to store documents), printouts from microfiche, printouts from computers, or any other document made by a machine that records or stores information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM217176.

Topics:
Transport and travel > Air travelCrime and justice > Courts and legal help
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71: Evidence and proof, or

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

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Part 6Rights of appeal

72Evidence of air traffic services provider

  1. Any document used in recording services in relation to the movement of any aircraft and purporting to have been initiated at the time of the movement by an employee of a person providing air traffic services shall be admissible in every court and in every judicial examination or proceeding as prima facie evidence that the air traffic services described in such document were provided on the date and for the aircraft referred to in the document.

  2. A document certified by an employee of a person providing air traffic services purporting to be a computer record of the provision of air traffic services, the particulars of which have been recorded or stored in the usual and ordinary course of the business of such person, shall be admissible as if it were a document to which subsection (1) applies.

  3. For the purposes of this section, the expression computer record includes a microfiche, a microfiche printout, a computer printout, or any other document produced by a device by means of which information is recorded or stored.

Compare
  • 1964 No 68 s 17F
  • 1987 No 108 s 4