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Animal Products Act 1999

Offences, penalties, and proceedings - Offences

140: Evidence in proceedings

You could also call this:

"What documents can be used to prove something is true in an Animal Products Act court case?"

When you are in court for breaking a rule in the Animal Products Act, some documents can be used as evidence. These documents include certificates signed by important people, like the Director-General, and copies of official papers. You can use these documents to prove something is true.

If someone gives you a certificate, it is proof that what it says is true, unless you can prove it is wrong. The person who signed the certificate does not have to be in court to prove it is real.

Some examples of documents that can be used as evidence are certificates about who is allowed to do certain jobs, and documents about risk management programmes. You can also use documents that show the results of tests on animal products.

Before you can use one of these documents in court, you have to give a copy to the other person involved in the case at least 14 days before the court date. You also have to tell them that you do not plan to call the person who signed the document as a witness.

The court can stop you from using a document if they think it might not be accurate or if they are not sure who wrote it. But if you followed the rules for using the document, the court will usually accept it as evidence.

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Part 10Offences, penalties, and proceedings
Offences

140Evidence in proceedings

  1. In any proceedings for an offence against this Act, a certificate or document (including electronic copy) of any of the following kinds is admissible in evidence and, in the absence of proof to the contrary, is sufficient evidence of the matter stated in the certificate or of the contents of the document, as the case may require:

  2. a certificate purporting to be signed by the Director-General, or by a delegate of the Director-General, to the effect that, at any specified date or period,—
    1. a named person or body is or was, or is not or was not, an official assessor, an animal product officer, a verifier, a verifying agency, a recognised person, a recognised agency, or an employee of the Ministry; or
      1. a specified risk management programme was or was not registered, or was or was not amended, deregistered, or surrendered under Part 2; or
        1. any matter was or was not recorded on the risk management programme register; or
          1. a named person was or was not registered as an exporter under Part 5 or listed as a homekill or recreational catch service provider under Part 6, or that the person's registration or listing was made, removed, or withdrawn; or
            1. a specified operation was or was not suspended under section 27 or section 58; or
              1. any official assurance, or any statement under section 83, had or had not been given in respect of any animal material or animal product or consignment; or
                1. a named person had or had not made an election under section 32 to operate under a registered risk management programme; or
                  1. a specified food control plan was or was not registered as a risk management programme, with specified conditions, pursuant to section 34; or
                    1. a specified document was or was not a copy of an official assurance given under this Act; or
                      1. a specified document was or was not a copy of a registered risk management programme; or
                        1. a specified document was or was not a copy of a notice or direction given under this Act; or
                          1. a specified document was a copy of an extract from a register or listing kept under this Act; or
                            1. a specified identification, differentiation, or security system or device was or was not specified or approved under section 158:
                            2. a certificate purporting to be signed by any person authorised by this Act or the Public Service Act 2020 to delegate to any person, or to persons 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 specified in the certificate to the person specified in the certificate; or
                                1. the person has delegated the exercise of the power or function specified in the certificate to persons of a kind or description specified in the certificate, and that a named person specified in the certificate is a person of that kind or description:
                                2. a certificate purporting to be signed by an analyst, a recognised agency, or a recognised person stating the results of an analysis, test, or examination of a sample taken under or for the purposes of this Act:
                                  1. a document purporting to be a copy of any material incorporated by reference into any regulation or notice or order under section 168:
                                    1. a document purporting to be a copy of a registered risk management programme:
                                      1. a document purporting to be a copy of an official assurance or a statement given under section 83:
                                        1. a document purporting to be a copy of a notice or direction or approval or specification (including a copy of any material incorporated by reference) or requirement given under this Act.

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

                                          2. No certificate of an analyst, a recognised agency, or a recognised person, and no other evidence of an analysis, test, or examination under this Act, is to be ruled inadmissible or disregarded by reason only of the fact that any of the provisions of this Act or of any regulations, notices, or orders made under this Act relating to the taking, analysing, testing, or examining of samples have not been strictly complied with, if there has been reasonable compliance with those provisions.

                                          3. A certificate or document to which subsection (1) applies is not admissible in evidence unless—

                                          4. at least 14 days before the hearing at which the certificate or document 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 or document as a witness at the hearing or to call evidence as to the nature of the document; 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 or document should not be admissible as evidence in the proceedings.

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

                                              Notes
                                              • Section 140(1)(a)(i): amended, on , by section 153(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                              • Section 140(1)(a)(i): amended, on , by section 5(8) of the Animal Products Amendment Act 2005 (2005 No 26).
                                              • Section 140(1)(a)(i): amended, on , by section 5(10) of the Animal Products Amendment Act 2002 (2002 No 29).
                                              • Section 140(1)(a)(iia): inserted, on , by section 23 of the Animal Products Amendment Act 2005 (2005 No 26).
                                              • Section 140(1)(a)(vii): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                                              • Section 140(1)(b): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                              • Section 140(1)(c): amended, on , by section 13(1) of the Animal Products Amendment Act 2012 (2012 No 59).
                                              • Section 140(1)(c): amended, on , by section 5(8) of the Animal Products Amendment Act 2005 (2005 No 26).
                                              • Section 140(1)(d): amended, on , by section 153(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                              • Section 140(3): amended, on , by section 153(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                                              • Section 140(3): amended, on , by section 13(2) of the Animal Products Amendment Act 2012 (2012 No 59).
                                              • Section 140(3): amended, on , by section 5(8) of the Animal Products Amendment Act 2005 (2005 No 26).