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Land Transport Act 1998

Proceedings enforcing responsibilities - Evidence

151: Evidence of rules

You could also call this:

“Rules can be proven in court using copies”

In legal proceedings, if someone shows a copy of a rule, it can be used as proof that the rule exists and was made properly. This applies to two types of rules:

  1. Ordinary rules made by the Minister or the Governor-General under Part 11 of the law.

  2. Emergency rules made by the Agency under section 162 of the law.

When a copy of either of these types of rules is presented in court, it’s considered good enough evidence that the rule is real and was made correctly. This is true unless someone can prove otherwise.

This way of proving rules makes it easier to show that a rule exists without having to bring in lots of other evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435177.

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Part 10 Proceedings enforcing responsibilities
Evidence

151Evidence of rules

  1. Without limiting any other method of proof, the production in proceedings of a copy of—

  2. an ordinary rule purporting to have been made by the Minister or the Governor-General under Part 11; or
    1. an emergency rule purporting to have been made by the Agency under section 162—
        1. is, in the absence of evidence to the contrary, sufficient evidence of the rule and of the fact that it has been made in accordance with the provisions of this Act.

      Notes
      • Section 151(a): amended, on , by section 80 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
      • Section 151(b): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).