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Civil Aviation Act 1990

Offences and penalties - Charging documents and burden of proof

65AA: Burden of proof of reasonable excuse

You could also call this:

"If you're accused of breaking certain aviation rules, you need to prove you had a good reason"

You need to know about a rule for certain offences in the Civil Aviation Act 1990. When someone is accused of breaking one of these rules, they don't have to say in the official document that the person didn't have a good reason. Instead, if you're accused of breaking one of these rules, it's up to you to prove that you had a good reason for what you did. This applies to many different sections of the Act, which are all listed with links in the law.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5366600.

Topics:
Transport and travel > Air travel
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65: Time for filing charging document, or

"When you can file a complaint for breaking aviation rules"

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65A: Application of this Part, or

"This part explains when and where the rules about bad behaviour on planes apply"

Part 5Offences and penalties
Charging documents and burden of proof

65AABurden of proof of reasonable excuse

  1. In proceedings for an offence against any of sections 44A(1), 46C(1), 49(1)(b) and (c), 50A(1), 51, 52A, 52B(1), 52C(1), 53, 56A(1)(b), 65P(6), 77I(1), 96B(1) and (2), and 99C(1)(a) and (b),—

  2. the prosecutor need not assert absence of reasonable excuse in the charging document; and
    1. the burden of proving that the defendant had a reasonable excuse lies on the defendant.

      Notes
      • Section 65AA: inserted, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).