Land Transport Act 1998

Proceedings enforcing responsibilities - Evidence

142: Evidence of driver history relating to infringement fees

You could also call this:

“How your driving fines and small offences can be used as proof in court”

When someone is accused of breaking the law while driving a car, there’s a special kind of proof that can be used in court. This proof is a certificate that an employee of the Agency or a police officer can sign. The certificate comes with a printout of a person’s driving record.

The certificate says that the employee or police officer has looked at information stored on a computer. This computer is used by the Police, the Agency, or the Ministry of Justice to keep track of law-breaking information.

The employee or police officer will have found one of two things on the computer:

  1. A record showing you paid a fine for breaking a minor road rule.
  2. A record showing a court made a decision about you breaking a minor road rule or committing a small offence.

This certificate and the attached printout are usually enough to prove what they say is true in court. However, if there’s evidence that shows the certificate is wrong, the court will consider that too.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435161.


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Part 10 Proceedings enforcing responsibilities
Evidence

142Evidence of driver history relating to infringement fees

  1. In proceedings against a person for an offence in connection with the driving of a motor vehicle, a certificate purporting to be signed by an employee of the Agency or a constable to the effect described in subsection (2) that has annexed to it a printout of the record referred to in that subsection is, in the absence of evidence to the contrary, sufficient evidence of the matters contained in the certificate.

  2. The certificate referred to in subsection (1) must be to the effect that the employee or constable

  3. has checked the information stored in relation to driver history on such computer system as is for the time being maintained by the Police or the Agency or the Ministry of Justice for the purposes of storing law enforcement information; and
    1. either—
      1. has found a record to the effect that an infringement fee has been paid by that person in respect of an infringement offence; or
        1. has found a record to the effect that a court has made an order in respect of an infringement offence or a minor offence.
        Compare
        Notes
        • Section 142(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
        • Section 142(1): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
        • Section 142(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
        • Section 142(2)(a): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
        • Section 142(2)(a): amended, on , pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).