Reserves Act 1977

Miscellaneous provisions - Offences

102: Evidence of offences

You could also call this:

"Proving you didn't do something wrong in a reserve"

Illustration for Reserves Act 1977

If you are accused of doing something wrong in a reserve, you might need to prove you did not do it on purpose. You will be thought to have done it on purpose until you can show you did not. If you have something from a reserve and cannot explain how you got it, you might be in trouble.

If a police officer, ranger, or someone who works for the government asks you where you got something from a reserve, you must give them a good explanation. If you do not, you might be thought to have taken it from the reserve without permission. You can try to prove in court that you did not take it without permission.

When someone is taken to court for doing something wrong in a reserve, the court will assume the land is a reserve unless the person can prove it is not. Maps and plans that have been certified by important officials can be used as evidence in court without needing the originals. You do not need to bring the officials to court to prove the maps and plans are real.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM445015.


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101: Proceedings in respect of offences, or

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Part 5Miscellaneous provisions
Offences

102Evidence of offences

  1. In every case where under section 94 wilful intent must be shown, that intent shall be presumed until the contrary is shown.

  2. If within a reserve or in its vicinity any person is found in possession of any wood, tree, shrub, fern, plant, stone, mineral, bird, egg, nest, animal, taonga tūturu, relic, or any part of any such thing, and, upon being thereunto required by any constable or ranger or any employee of the Crown or of any administering body employed in the reserve or by any ranger appointed under the Wildlife Act 1953, fails or refuses to give a satisfactory account of the manner in which he or she became possessed of the same, he or she shall be deemed to have wilfully removed or taken the same in breach of this Act, unless he or she satisfies the court to the contrary.

  3. In any proceedings for an offence under this Act or any regulations or bylaws under this Act the averment that any lands in question form part of a reserve shall be sufficient without proof of that fact, unless the defendant proves to the contrary, and all maps and plans and copies certified as true under the hand of the Commissioner or the Chief Surveyor of the land district in which the land is situated shall be sufficient evidence of their contents without production of the original records and without the personal attendance of those officers or proof of their signatures.

Compare
  • 1953 No 69 s 89
Notes
  • Section 102(2): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).