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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Evidence and proof

384: Evidence and proof of rule in any proceedings

You could also call this:

"Proving rules are real and made correctly in court"

Illustration for Civil Aviation Act 2023

When you are in a court case, you need to prove things are true. If someone shows a copy of a rule in court, it is enough proof that the rule exists. It is also proof that the rule was made correctly, following the rules in Part 3.

The copy can be of a rule made by the Minister under subpart 1 of Part 3, or an emergency rule made by the Director under section 67. You can use these copies as proof unless someone can show that they are not correct. This is one way to prove that a rule is real and was made properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS159023.

Topics:
Transport and travel > Air travel
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Part 9Monitoring, investigation, and enforcement
Evidence and proof

384Evidence and proof of rule in any proceedings

  1. Unless the contrary is proved, and without limiting any other method of proof, the production in any proceedings of a copy of an item specified in subsection (2) is sufficient evidence of—

  2. the rule; and
    1. the fact that it has been made in accordance with Part 3.

      1. The items for the purposes of subsection (1) are—

      2. a rule purporting to have been made by the Minister under subpart 1 of Part 3; or
        1. any emergency rule purporting to have been made by the Director under section 67.

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