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New Zealand law explained for everyone

Land Transport Act 1998

Proceedings enforcing responsibilities - Evidence

144: Evidence in certain proceedings

You could also call this:

“What evidence you can use in court for driving offences”

In court cases about driving offences under this law, you can use different types of evidence. You can file an affidavit, which is a written statement, with the court. The court can also accept any other evidence you want to present, even if it’s not usually allowed in court.

However, if you live less than 80 km by road from where the court is, you usually can’t use an affidavit unless the court gives special permission.

If something official is published in the Gazette (which is like a government newspaper), all courts will accept it as proof that it was done properly under this law. This includes things like appointments, warrants, orders, or other official actions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435163.

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Part 10 Proceedings enforcing responsibilities
Evidence

144Evidence in certain proceedings

  1. In proceedings for an offence against this Act relating to the driving of motor vehicles, whether by way of hearing in the first instance or by way of appeal or otherwise, the court may receive as evidence—

  2. an affidavit filed in the court by or on behalf of the defendant:
    1. evidence adduced by or on behalf of the defendant that the court thinks fit, whether or not it would, apart from this paragraph, be legally admissible evidence.

      1. Except by special direction of the court, subsection (1)(a) does not apply in any case where it appears to the court that the deponent's usual place of residence is less than 80 km by road from the place of hearing.

      2. A copy of the Gazette containing an appointment, warrant, order, or other act of authority made under this Act is evidence in all courts that the appointment, warrant, order, or other act has been duly made or performed under the authority of this Act.

      Compare
      • 1962 No 135 s 196
      • 1986 No 6 s 51