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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Evidential provisions

78: Presumptions as to age of driver

You could also call this:

“Proving a young driver's age in court”

If someone who looks younger than 20 years old is charged with breaking a driving law, the police can show a special document called a certificate. This certificate says when the person was born. Unless someone can prove the certificate is wrong, everyone in court will assume that the birthday on the certificate is correct. This helps the court know if the person was old enough to drive or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434854.

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Part 6 Driving offences involving drink or drugs, and penalties and procedures
Evidential provisions

78Presumptions as to age of driver

  1. If a certificate referred to in section 143 is produced in proceedings for an offence against this Part involving a person who is apparently younger than 20, it is to be presumed, in the absence of proof to the contrary, that the date stated in the certificate as being the date of birth of the person to whom the certificate relates is accurate.

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