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Maritime Transport Act 1994

General offences and provisions in relation to offences and appeals under this Act - General provisions in respect of offences

417: Evidence and proof

You could also call this:

"What counts as proof in maritime court cases"

When you are in court for something to do with the Maritime Transport Act, some rules apply to the evidence that is used. If someone from the Authority says a document is correct, you can use a copy of it as proof, unless someone can show it is wrong. The Authority is a group that helps make sure maritime rules are followed.

If the Director or someone they authorise writes a certificate saying something is true, you can use that as evidence, until someone proves it is wrong. You can also use a copy of a rule made by the Minister or the Director as proof that the rule exists, if no one can show it is wrong. The Minister and the Director are people who help make rules for maritime transport.

You can use a copy of a rule made under section 37 or section 391 as proof that the rule has been made correctly, unless someone can show it has not. This means you do not have to bring the original rule to court, a copy will be enough. The court will accept the copy as proof, unless someone can show it is wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338375.

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Part 28General offences and provisions in relation to offences and appeals under this Act
General provisions in respect of offences

417Evidence and proof

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

  2. a copy of any maritime document or marine protection document or permit 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. 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 maritime document or marine protection document or any permit or any specified type of maritime document or marine protection document shall be sufficient evidence of the matter certified until the contrary is proved:
      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 any other employee of the Authority authorised in that behalf by the Director to certify documents or give certificates under this section.

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

        2. any rule purporting to have been made by the Minister under this Act; or
          1. any rule purporting to have been made by the Director under section 37 or section 391—
              1. shall, in the absence of proof to the contrary, be sufficient evidence of the rule and the fact that it has been made in accordance with the relevant provisions of this Act.

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