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Biosecurity Act 1993

Enforcement, offences, and penalties - Offences

161: Evidence in proceedings

You could also call this:

"What documents can be used as evidence in Biosecurity Act court cases"

If you are in court for something to do with the Biosecurity Act, some documents can be used as evidence. These documents are called certificates and they must be signed by certain people, like the Director-General or a chief technical officer. The certificate can say things like who someone is, what their job is, or what a particular place is used for.

You need to be given a copy of the certificate at least 14 days before the court hearing. The court can stop the certificate from being used as evidence if they think there is a problem with it. The person who signed the certificate does not have to come to court to prove that what they wrote is true.

A certificate can also say that a certain area is being controlled for biosecurity reasons, and what rules apply to that area. It can also say what treatment or procedures must be followed for certain goods or organisms in that area.

There are rules about how certificates can be used in court, and who can sign them. For example, a chief technical officer can sign a certificate saying that someone is an inspector or an authorised person. The Director-General can sign a certificate saying that a place is a biosecurity control area or a containment facility.

If a certificate is used in court, you can ask the court to stop it from being used if you think there is a problem with it. The court will only stop the certificate from being used if they think there is a reasonable doubt about its accuracy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316738.

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Part 8Enforcement, offences, and penalties
Offences

161Evidence in proceedings

  1. In any proceedings for an offence against this Act or against any regulations made under this Act, a certificate that complies with subsection (4) and to which subsection (2) applies—

  2. is admissible in evidence; and
    1. is, in the absence of proof to the contrary, sufficient evidence of the matters stated in it.

      1. This section applies to any certificate of 1 or more of the following kinds:

      2. a certificate purporting to be signed by the principal officer of a regional council stating that a document attached to the certificate is—
        1. a regional pest management plan or a regional pathway management plan made by the council; or
          1. an amendment to such a plan:
          2. a certificate purporting to be signed by the Director-General stating that a person specified in the certificate is—
            1. a chief technical officer appointed under section 101(1); or
              1. a deputy chief technical officer appointed under section 102:
              2. a certificate purporting to be signed by the chief executive of a department stating that a person specified in the certificate is—
                1. a chief technical officer appointed under section 101(2); or
                  1. a deputy chief technical officer appointed under section 102:
                  2. a certificate purporting to be signed by a chief technical officer appointed under section 101(1) stating that the person specified in the certificate is—
                    1. an inspector or authorised person appointed under section 103(1)(a); or
                      1. an authorised person appointed under section 103(1)(b) in relation to the national pest management plan or national pathway management plan described in, or attached to, the certificate; or
                        1. a person accredited for a particular function under section 103(7):
                        2. a certificate purporting to be signed by a chief technical officer appointed under section 101(2) stating that the person specified in the certificate is—
                          1. an inspector or authorised person appointed under section 103(2)(a); or
                            1. an authorised person appointed under section 103(2)(b) in relation to the national pest management plan or national pathway management plan described in, or attached to, the certificate; or
                              1. a person accredited for a particular function under section 103(7):
                              2. a certificate purporting to be signed by the principal officer of a regional council stating that a person specified in the certificate is—
                                1. an authorised person appointed under section 103(3) in relation to a regional pest management plan or a regional pathway management plan or a small-scale management programme specified or described in, or attached to, the certificate; or
                                  1. a person accredited for a particular function under section 103(7):
                                  2. a certificate purporting to be signed by any person authorised by this Act, the Public Service Act 2020, or the Local Government Act 2002 to delegate to any person (or people of any kind or description) the exercise or performance of any power or function under this Act stating that—
                                    1. the person has delegated the exercise or performance of the power or function under this Act specified in the certificate to the person specified in the certificate; or
                                      1. the person has delegated the exercise or performance of the power or function under this Act specified in the certificate to people of a kind or description specified in the certificate, and that a person specified in the certificate is a person of that kind or description:
                                      2. a certificate purporting to be signed by the Director-General stating that a place specified in the certificate is—
                                        1. a biosecurity control area; or
                                          1. a transitional facility approved for use or uses specified in the certificate; or
                                            1. a containment facility:
                                            2. a certificate purporting to be signed by a chief technical officer or the chief executive of a management agency stating that—
                                              1. an area specified in the certificate is an area controlled for the purposes of section 131; and
                                                1. the movement into, within, or from the controlled area of the organisms, organic material, risk goods, or other goods specified in the certificate is restricted, regulated, or prohibited, in the manner, to the extent, and subject to the conditions specified in the certificate; and
                                                  1. the organisms, organic material, risk goods, or other goods specified in the certificate are subject to the treatment and procedures specified in the certificate:
                                                  2. a certificate purporting to be signed by the Director-General stating that an action was done by an automated electronic system.

                                                    1. The production of a document purporting to be a certificate to which subsection (2) applies is prima facie evidence that it is such a certificate, without proof of the signature of the person purporting to have signed it.

                                                    2. A certificate to which subsection (2) applies is not admissible in evidence unless—

                                                    3. at least 14 days before the hearing at which the certificate is to be tendered, a copy is served, by or on behalf of the prosecutor, on the defendant or the defendant's agent or counsel, and that person is at the same time informed in writing that the prosecutor does not propose to call the person who signed the certificate as a witness at the hearing; and
                                                      1. the court has not, on the application of the defendant made not less than 7 days before the hearing, ordered, not less than 4 days before the hearing (or such lesser period as the court in the special circumstances of the case thinks fit), that the certificate should not be admissible as evidence in the proceedings.

                                                        1. The court must not make an order under subsection (4)(b) unless it is satisfied that there is a reasonable doubt as to the accuracy or validity of a certificate.

                                                        Notes
                                                        • Section 161: replaced, on , by section 105 of the Biosecurity Amendment Act 1997 (1997 No 89).
                                                        • Section 161(2)(a)(i): amended, on , by section 72(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                        • Section 161(2)(a)(ii): amended, on , by section 72(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                        • Section 161(2)(d)(i): amended, on , by section 8(1) of the Biosecurity Amendment Act 2015 (2015 No 8).
                                                        • Section 161(2)(d)(ii): amended, on , by section 8(1) of the Biosecurity Amendment Act 2015 (2015 No 8).
                                                        • Section 161(2)(d)(ii): amended, on , by section 8(2) of the Biosecurity Amendment Act 2015 (2015 No 8).
                                                        • Section 161(2)(d)(ii): amended, on , by section 72(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                        • Section 161(2)(d)(iii): inserted, on , by section 8(3) of the Biosecurity Amendment Act 2015 (2015 No 8).
                                                        • Section 161(2)(e)(i): amended, on , by section 8(1) of the Biosecurity Amendment Act 2015 (2015 No 8).
                                                        • Section 161(2)(e)(ii): amended, on , by section 8(1) of the Biosecurity Amendment Act 2015 (2015 No 8).
                                                        • Section 161(2)(e)(ii): amended, on , by section 8(4) of the Biosecurity Amendment Act 2015 (2015 No 8).
                                                        • Section 161(2)(e)(ii): amended, on , by section 72(4) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                        • Section 161(2)(e)(iii): inserted, on , by section 8(5) of the Biosecurity Amendment Act 2015 (2015 No 8).
                                                        • Section 161(2)(f): replaced, on , by section 8(6) of the Biosecurity Amendment Act 2015 (2015 No 8).
                                                        • Section 161(2)(g): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                                        • Section 161(2)(g): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                        • Section 161(2)(j): inserted, on , by section 72(6) of the Biosecurity Law Reform Act 2012 (2012 No 73).