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Land Transport Act 1998

Proceedings enforcing responsibilities - Evidence

150: Evidence of certain documents

You could also call this:

“Certain papers can prove things in court when someone breaks driving rules”

When someone is accused of breaking this law, certain documents can be used as evidence in court. If a person who works for the Agency or the Director makes a copy of an official document and says it’s true, the court will usually believe it’s real. This includes copies of certificates and other papers from the government.

If the Agency or Director’s worker makes a copy of your driving record, including any times they tried to tell you about your points, the court will usually believe it’s real. Even if the copy is scanned, the court will still usually accept it as real evidence.

The court will usually believe that the person who made the copy was allowed to do so, 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=DLM435176.

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Part 10 Proceedings enforcing responsibilities
Evidence

150Evidence of certain documents

  1. In proceedings for an offence against this Act,—

  2. a document that purports to be issued by a person authorised for that purpose by the Agency or the Director, and that is certified by that person to be a true copy of a certificate or other document issued under this Act or the regulations or the rules, is (in the absence of evidence to the contrary) sufficient evidence of the facts stated in the copy:
    1. a document that is certified by a person authorised for that purpose by the Agency or the Director to be a true copy of a person's demerit points record, including any attempts by the authorised person to notify the person under section 90(1), is (in the absence of evidence to the contrary) sufficient evidence of the facts stated in the copy:
      1. a scanned copy of a document specified in paragraph (a) or (b) is (in the absence of evidence to the contrary) sufficient evidence of the facts stated in the scanned copy.

        1. A person authorised by the Agency or the Director who certifies such a copy as a true copy is, in the absence of evidence to the contrary, to be presumed to be authorised to certify it.

        Compare
        Notes
        • Section 150(1): substituted, on , by section 79 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
        • Section 150(1)(a): amended, on , by section 111(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 150(1)(b): amended, on , by section 111(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 150(1)(b): amended, on , by section 111(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 150(2): amended, on , by section 111(4) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).