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Land Transport Act 1998

Proceedings enforcing responsibilities - Evidence

145A: Evidence and proof

You could also call this:

"What counts as proof in court for transport rule-breaking cases"

Illustration for Land Transport Act 1998

If you are in court for breaking a rule in Part 6A of the Land Transport Act, some things are assumed to be true. If it is proven that people or goods were in a vehicle, it is assumed the vehicle was being used in a way that it needs to follow the rules of the Act, unless you can prove otherwise. You can use a certificate signed by an officer of the Agency or a Police employee as evidence of what is in a special register, which is kept under section 199A. If an officer of the Agency or a Police employee signs a certificate saying someone did or did not have a transport service licence on a certain date, that is enough evidence unless someone proves it is wrong. It is also assumed that any certificate that says it was signed by an officer of the Agency or a Police employee really was signed by them, unless someone proves it was not. You can use these certificates as evidence in court, but someone can try to prove they are wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435166.

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Crime and justice > Courts and legal helpTransport and travel > Driving
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Part 10Proceedings enforcing responsibilities
Evidence

145AEvidence and proof

  1. In any proceedings for an offence against Part 6A,—

  2. if it is proved that passengers or goods were carried in or on any motor vehicle, the passengers or goods are deemed to have been carried in such a manner as to bring the motor vehicle under the requirements of this Act unless the defendant satisfies the court to the contrary:
    1. evidence of the contents of the register maintained under section 199A may be given by a certificate signed by an officer of the Agency or a Police employee and every such certificate is sufficient evidence of the matters stated in it, until the contrary is proved:
      1. the production of a certificate signed by an officer of the Agency or a Police employee to the effect that on a specified date a person was or was not the holder of any transport service licence or any specified type of transport service licence is sufficient evidence of the matter certified, until the contrary is proved:
        1. it is to be presumed that every certificate purporting to have been certified or given under this section has been certified or given by an officer of the Agency or a Police employee to certify documents or give certificates under this section, until the contrary is proved.

          Compare
          Notes
          • Section 145A: inserted, on , by section 73 of the Land Transport Amendment Act 2005 (2005 No 77).
          • Section 145A(b): amended, on , by section 78(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
          • Section 145A(b): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
          • Section 145A(c): amended, on , by section 78(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
          • Section 145A(c): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
          • Section 145A(d): amended, on , by section 78(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
          • Section 145A(d): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).