Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Enforcement and penalties

86: Finding in proceedings to be evidence

You could also call this:

"Using past court decisions as evidence in Retirement Villages Act cases"

Illustration for Retirement Villages Act 2003

If you are in court for something related to the Retirement Villages Act, a finding from another court case can be used as evidence. This finding can be about something you did that is against the rules in section 82 of the Act. You can prove this finding by showing a document from the High Court or District Court where the decision was made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220950.

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Part 4Dispute resolution, enforcement, and penalties
Enforcement and penalties

86Finding in proceedings to be evidence

  1. In any application for an order against a person under section 82, a finding of any fact made in proceedings for an injunction under section 80 or for an order under section 81 or for an offence under section 79 (being proceedings before the High Court or the District Court in which that person was found to have engaged in conduct of the kind referred to in section 82(1)(a) to (e)) is—

  2. prima facie evidence of that fact; and
    1. may be proved by production of a document under the seal of the High Court or District Court, as the case may be, in which the finding was made.
      Compare
      Notes
      • Section 86: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).