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Evidence Act 2006

Trial process - Documentary evidence and evidence produced by machine, device, or technical process - General and special rules

142: Notification of acts in official documents

You could also call this:

"Notices of important actions are official if they are in government documents or gazettes"

Illustration for Evidence Act 2006

If someone important like the Governor-General or the House of Representatives does something, you might find out about it in the Gazette or in a document printed by the New Zealand Government. You might also find out about it in a document printed by the Government Printer or by order of the House of Representatives. If you see it in one of these places, it is assumed that the thing was done and it was done on the date that is written.

If a foreign country's government or someone important in that country does something, you might find out about it in their official gazette or in a document printed by their government. You might also find out about it in a document printed by the authority of their government. If you see it in one of these places, it is assumed that the thing was done and it was done on the date that is written.

If an international organisation does something, you might find out about it in a document they printed. If you see it in this document, it is assumed that the thing was done and it was done on the date that is written. A judge can decide otherwise if they want to.

When you are looking at evidence about these things, Subpart 1 of Part 2 does not apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393985.

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141: New Zealand and foreign official documents, or

"Official documents from New Zealand and other countries are believed to be genuine unless proven otherwise"

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143: Presumptions as to New Zealand and foreign official seals and signatures, or

"Assuming official documents are real unless proven otherwise"

Part 3Trial process
Documentary evidence and evidence produced by machine, device, or technical process: General and special rules

142Notification of acts in official documents

  1. Subsection (2) applies if the doing of an act by the Governor-General or the House of Representatives, or by a person authorised to do the act by the law of New Zealand, is notified or published in—

  2. the Gazette; or
    1. a document that was printed or published by authority of the New Zealand Government; or
      1. a document that was printed or published by the Government Printer; or
        1. a document that was printed or published by order of or under the authority of the House of Representatives.

          1. If this subsection applies, it is presumed, unless the Judge decides otherwise, that the act was done and that it was done on the date (if any) that appears in the Gazette or document.

          2. Subsection (4) applies if the doing of an act by a foreign legislature or a person authorised to do the act by the law of a foreign country is notified or published in—

          3. a government or official gazette (by whatever name called) of a foreign country; or
            1. a document that was printed or published by the government or official printer of a foreign country; or
              1. a document that was printed or published by the authority of the legislative, executive, or judicial branch of the government of a foreign country.

                1. If this subsection applies, it is presumed, unless the contrary is proved, that the act was done and that it was done on the date (if any) that appears in the government or official gazette (however described) or other document.

                2. If the doing of an act by an international organisation is notified or published in a document that was printed or published by the international organisation, it is presumed, unless the contrary is proved, that the act was done and that it was done on the date (if any) that appears in the document.

                3. Subpart 1 of Part 2 (which relates to hearsay evidence) does not apply to evidence offered under this section.