National Parks Act 1980

Offences

69: Presumptions relating to offences

You could also call this:

"Presumptions about items from national parks and evidence in park-related cases"

If you're near a national park and you have a plant, stone, mineral, egg, nest, animal, taonga tūturu, or relic from the park, or part of any of these things, a ranger might ask you about it. If you can't explain how you got it, people might think you took it from the park.

When someone is accused of breaking the rules in a national park, they might use maps and plans as evidence. If these maps and plans are marked as true by a Chief Surveyor, everyone will believe they are correct unless someone can prove they're not. They don't need to bring the original maps or have the Chief Surveyor come to explain them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM38510.


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"What happens if you break national park rules"

Part 7Offences

69Presumptions relating to offences

  1. If, in the vicinity of a park, any person is found in possession of any plant, stone, mineral, egg, nest, animal, taonga tūturu, or relic, or any part of any such thing, and, upon being required by any ranger fails or refuses to give a satisfactory account of the manner in which he became possessed of the same, it shall be evidence that he has removed it from the park.

  2. In any proceedings for an offence under this Act or any bylaws made under this Act, it shall be presumed in the absence of proof to the contrary, that all maps, plans, and copies of maps or plans appearing to be certified as true under the hand of a Chief Surveyor are so certified without production of the original records and without the personal attendance of those officers or proof of their signatures.

Notes
  • Section 69(1): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).