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Medicines Act 1981

Enforcement

74: Certificates of Director-General or Medical Officer of Health

You could also call this:

"Official records of medicine information are accepted as true in court"

Illustration for Medicines Act 1981

You are in a court case about medicines. A copy of a record is made by an officer. The officer says it is a true copy. You must believe it is true until someone proves it is not. You can use a certificate as evidence in court. The certificate is from a licensing authority. It says what is in a register or what is not in a register. You do not need to check the signature on the certificate. It is enough evidence until someone proves it is wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56072.

Topics:
Health and wellbeing > Public healthCrime and justice > Courts and legal help
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73: Certain matters presumed, or

"Some things are assumed to be true in court, like the right medicine being in a container."

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75: Obstruction of officers, or

"Don't stop or trick medicine inspectors from doing their job"

Part 5Enforcement

74Certificates of Director-General or Medical Officer of Health

  1. In any proceedings under this Act, a copy of a record or an extract therefrom made by an officer pursuant to this Act and certified to be a true copy by the officer who made it pursuant to section 63(2)(h) or the person who was caused by the Director-General or the Medical Officer of Health to make it pursuant to section 66(2) shall be deemed to be a true and correct copy until the contrary is proved.

  2. In any proceedings under this Act, a certificate purporting to be signed by a licensing authority—

  3. relating to any contents of the register kept under section 55; or
    1. stating that on a date specified in the certificate the name of any person did not appear in the said register as a licensee, or any particulars specified in the certificate did not appear in the said register—
        1. shall, without proof of the signature of the licensing authority, be sufficient evidence until the contrary is proved of the facts set out in the certificate.

      Compare
      • 1960 No 97 s 33(b)
      • 1969 No 7 s 36