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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Evidence and proof

383: Evidence and proof in offence-related proceedings: other matters

You could also call this:

"Rules for using evidence in aviation court cases"

Illustration for Civil Aviation Act 2023

When you are in court for something related to aviation, some rules apply to the evidence that is used. If someone shows a certified copy of some information that is referred to in a document, this is enough proof that the information is correct, unless someone can show otherwise. You do not need more evidence to prove this.

If a certificate seems to have been signed by the Director or an employee of the Civil Aviation Authority who is allowed to sign certificates, you can assume it is genuine, unless someone proves it is not. The Director or the employee must have been allowed to sign the certificate for it to be valid. This means you can trust the certificate unless there is a reason not to.

If you have a licence that was granted under Part 6 of the aviation rules, you can prove you have this licence by showing a certified copy of it. The Secretary must have certified that the copy is correct for it to be used as proof. You can use this copy to show you have the licence when you need to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS455514.

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Transport and travel > Air travelCrime and justice > Courts and legal help
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382: Evidence and proof in offence-related proceedings: aviation documents and New Zealand Register of Aircraft, or

"Proving things in court using aviation documents and the New Zealand aircraft register"

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384: Evidence and proof of rule in any proceedings, or

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Part 9Monitoring, investigation, and enforcement
Evidence and proof

383Evidence and proof in offence-related proceedings: other matters

  1. In the absence of evidence to the contrary, a certified copy of material incorporated by reference is sufficient evidence that the material produced is the material incorporated by reference.

  2. Unless the contrary is proved, it is presumed that every certificate purporting to have been certified or given under this section has been certified or given by—

  3. the Director; or
    1. an employee of the CAA authorised by the Director to certify documents or give certificates under this section.

      1. A licence granted under Part 6 may be proved by producing a copy of that licence that is certified as correct by the Secretary.