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Fisheries Act 1996

Offences and penalties - Evidence in proceedings

250: Presumption as to master of vessel

You could also call this:

"Who is in charge of a boat is assumed unless proven otherwise"

Illustration for Fisheries Act 1996

When you are in court for breaking a rule in the Fisheries Act 1996, the court will assume someone is the master of a vessel if that is what the charge says, unless you can prove otherwise. You can prove otherwise by showing evidence that says something different. This rule helps the court make decisions about who is in charge of a vessel.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398817.

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249: Copies of accounts, records, returns, etc, or

"Using copies of documents as evidence in court"

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251: Presumptions to apply whether or not separate or further evidence adduced in support, or

"Assumptions are true even without extra evidence"

Part 13Offences and penalties
Evidence in proceedings

250Presumption as to master of vessel

  1. In any proceedings for an offence against this Act, an allegation made in a charge about the identity of the master of any vessel, at any specified time, shall be presumed to be true in the absence of proof to the contrary.

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Notes
  • Section 250: amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).