時間：2015-01-01 10:26來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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(4) Subject to this section, the procedure in respect of any appeal under this section shall be in accordance with the rules of court. 71 Evidence and proof (1) In any proceedings for an offence against this Act, the following provisions shall apply: (a) a copy of any aviation document which is certified correct by the Director or any other employee of the Authority authorised in that behalf by the Director shall be sufficient, in the absence of proof to the contrary, to prove that document: (b) evidence of the contents of the New Zealand Register of Aircraft maintained under section 72B(f) may be given by a certificate signed by the Director or any other employee of the Authority authorised in that behalf by the Director; and every such certificate shall be sufficient evidence of the matters stated in it, until the contrary is proved: (c) the production of a certificate signed by the Director or any other employee of the Authority authorised in that behalf by the Director to the effect that on a specified date a person or organisation was or was not the holder of any aviation document or any specified type of aviation document shall be sufficient evidence of the matter certified, until the contrary is proved: (ca) the production of a written statement signed by the Director to the effect that on a specified date a person was or was not the holder of a medical certificate issued under Part 2A, or the rules before the commencement of the Civil Aviation (Medical Certification) Amendment Act 2001, is sufficient evidence of the matter stated, until the contrary is proved: (cb) the production of a certified copy of material incorporated by reference is, in the absence of evidence to the contrary, sufficient evidence that the material produced is the material incorporated by reference in a rule: (d) until the contrary is proved, it shall be presumed that every certificate purporting to have been certified or given under this section has been certified or given by the Director or by any other employee of the Authority authorised by the Director to certify documents or give certificates under this section. (e) any licence granted under Part 8A may be proved by the production of a copy of that licence certified to be correct by the Secretary. (2) Without limiting any other method of proof, the production in any proceedings of a copy of— (a) any ordinary rule purporting to have been made by the Minister under Part 3; or (b) any emergency rule purporting to have been made by the Director under section 31— shall, in the absence of proof to the contrary, be sufficient evidence of the rule and of the fact that it has been made in accordance with the provisions of that Part. Section 71(1)(a): amended, on 10 August 1992, by section 30(a) of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 71(1)(b): amended, on 13 August 1996, by section 23(1) of the Civil Aviation Amendment Act 1996 (1996 No 91). Section 71(1)(b): amended, on 10 August 1992, by section 30(b) of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 71(1)(c): amended, on 10 August 1992, by section 30(c) of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 71(1)(ca): inserted, on 1 April 2002, by section 10(1) of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). Section 71(1)(cb): inserted, on 1 August 2010, by section 11 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). Section 71(1)(d): amended, on 10 August 1992, by section 30(d) of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 71(1)(e): added, on 13 August 1996, by section 23(2) of the Civil Aviation Amendment Act 1996 (1996 No 91). Section 71(2): added, on 20 August 1993, by section 6 of the Civil Aviation Amendment Act 1993 (1993 No 90). 72 Evidence of air traffic services provider (1) Any document used in recording services in relation to the movement of any aircraft and purporting to have been initiated at the time of the movement by an employee of a person providing air traffic services shall be admissible in every court and in every judicial examination or proceeding as prima facie evidence that the air traffic services described in such document were provided on the date and for the aircraft referred to in the document. (2) A document certified by an employee of a person providing air traffic services purporting to be a computer record of the provision of air traffic services, the particulars of which have been recorded or stored in the usual and ordinary course of the business of such person, shall be admissible as if it were a document to which subsection (1) applies. (3) For the purposes of this section, the expression computer record includes a microfiche, a microfiche printout, a computer printout, or any other document produced by a device by means of which information is recorded or stored. Compare: 1964 No 68 s 17F; 1987 No 108 s4 Part 6A Civil Aviation Authority of New Zealand Part 6A: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75). 72A Civil Aviation Authority of New Zealand established (1) There is hereby established an authority to be known as the Civil Aviation Authority of New Zealand. (1A) The Authority is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004. (1B) The Crown Entities Act 2004 applies to the Authority except to the extent that this Act expressly provides otherwise. (2) The Authority shall consist of 5 members appointed in accordance with section 28(1)(a) of the Crown Entities Act 2004. (2A) Members of the Authority are the board for the purposes of the Crown Entities Act 2004. (3) [Repealed] (4) The Minister shall appoint as members persons who the Minister considers will represent the public interest in civil aviation. (4A) Subsection (4) does not limit section 29 of the Crown Entities Act 2004. (5) Before appointing 2 of the members, the Minister shall request, from such organisation or organisations as the Minister considers represent those who have a substantial interest in the civil aviation industry in New Zealand, the names of persons such organisation or organisations consider proper candidates for appointment to the Authority. (6) [Repealed] (7) A person may hold office as a member concurrently with any other office, except any office or appointment under the Transport Accident Investigation Commission Act 1990. (8) Neither the Director nor any other employee of the Authority may be a member of the Authority. (9) The Authority is owned by the Crown. (10) The Authority is hereby deemed to be a Crown entity for the purposes of the Public Finance Act 1989. (11) [Repealed] (12) The provisions of Schedule 3 shall apply in relation to the Authority. Section 72A: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 72A(1A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 72A(1B): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 72A(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 72A(2): amended, on 1 June 2004, by section 30 of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 72A(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 72A(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 72A(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 72A(4A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). |
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