Medicines Act 1981

Enforcement

71: Evidence of analysis

You could also call this:

"Using a special report as proof in court about medicine tests"

Illustration for Medicines Act 1981

You are in court for breaking a medicine law. A certificate from an analyst can be used as evidence. The certificate must be in a certain form and signed by the analyst. It proves who signed it and what it says, unless someone says it is wrong. You get a copy of the certificate at least 14 days before the court hearing. You are told the analyst will not be called as a witness. If you want the analyst to testify, you must tell the prosecutor at least 7 days before the hearing. The court can decide not to use the certificate as evidence. This happens if the court wants the analyst to testify in person. The certificate or other analysis evidence is not thrown out just because some rules were not followed exactly. This is okay if most of the rules were followed reasonably.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56065.


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Part 5Enforcement

71Evidence of analysis

  1. Subject to subsections (2) and (3), in any proceedings for an offence against this Act, a certificate purporting to be signed by an analyst in the prescribed form shall, in the absence of evidence to the contrary, be sufficient evidence of the authority of the person who signed the certificate and of the facts stated in the certificate.

  2. A certificate referred to in subsection (1) shall be admissible in evidence only if—

  3. at least 14 clear days before the hearing at which the certificate is tendered, a copy of that certificate (in addition to the copy required by section 77(4) to be served with the summons) is served, by or on behalf of the prosecutor, on the defendant, and the defendant is, at the same time, informed in writing that the prosecutor does not propose to call the analyst as a witness at the hearing; and
    1. the defendant does not, by notice in writing given to the prosecutor at least 7 clear days before the hearing, require the analyst to be called by the prosecutor as a witness at the hearing.
      1. No certificate referred to in subsection (1) shall be admissible in evidence if the court, of its own motion, directs that the result of the analysis shall be disregarded unless that result is proved by the oral evidence of the analyst.

      2. No certificate of an analyst and no other evidence of an analysis under this Act shall be ruled inadmissible or disregarded by reason only of the fact that any of the provisions of this Act or of any regulations made under this Act relating to the taking or analysing of samples have not been strictly complied with, if there has been reasonable compliance with those provisions.

      Compare
      • 1969 No 7 s 36
      • 1979 No 27 s 56