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Land Transport Act 1998

Proceedings enforcing responsibilities - Evidence

145A: Evidence and proof

You could also call this:

“How courts decide if someone broke transport rules”

This law talks about how to prove things in court for certain offences related to transport. If someone is carrying passengers or goods in a vehicle, the court will assume it’s being done in a way that falls under this law, unless the person can prove otherwise. An official from the transport agency or a police officer can give a certificate as proof of what’s in the transport register, and this will be accepted unless someone can show it’s wrong. They can also give a certificate to show if someone had a transport service licence on a certain date. The court will believe that these certificates are real and were given by the right people, unless someone can prove they weren’t.

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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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Part 10 Proceedings 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).