39Evidentiary provisions for prosecutions

39. Evidentiary provisions for prosecutions

(1) In any proceedings for an offence against this Act —

(a) an averment in the prosecution notice that —

(i) any place at which a vehicle is alleged to have been driven or used is, or is not, as the averment may specify, within a permitted area or within a prohibited area; or

(ii) a vehicle was not licensed under the Road Traffic (Vehicles) Act 2012; or

(iii) a vehicle was not registered under this Act,

shall be deemed to be proved in the absence of proof to the contrary; and

(b) the onus of proving that —

(i) any place at which a vehicle was driven or used is situate on private land, or is within a permitted area; or

(ii) any vehicle was being used in circumstances where the provisions of this Act do not apply, or pursuant to and in accordance with any restrictions, limitations or conditions applicable to a permit or exemption granted under this Act,

is on the person alleging that to be the case; and

(c) the averment on the process that an employee of a local government is authorised to take the proceedings shall be sufficient proof of that fact and of his appointment as such an employee unless the contrary is shown.

(2) Where by way of defence to any prosecution for an offence under this Act it is alleged that any vehicle was driven or used or was intended to be driven or used on private land by consent that defence shall not be taken to have been established unless —

(a) it is shown that the land in question was —

(i) land (not being land comprised in a reserve under Part 4 of the Land Administration Act 1997, whether or not vested in or leased to any person or body under that Act) which is alienated from the Crown for any estate or interest; or

(ii) land the subject of any conditional purchase agreement or of any lease from the Crown; or

(iii) land comprised in a reserve under any Act and leased for any purpose; or

(iv) other land, in respect of which a right of occupation or use is held by any person or body not being a right conferred principally for mining purposes,

and that the vehicle was driven or used in that place at the material time with the specific prior consent of a lawful occupier or the owner of that land; or

(b) the Court is otherwise satisfied that the vehicle was lawfully in a place the property or use of which is vested in a person or body who or which consented to the vehicle being there, not being land of the kind referred to in paragraph (a).

[Section 39 amended: No. 14 of 1996 s. 4; No. 31 of 1997 s. 17; No. 84 of 2004 s. 80; No. 8 of 2012 s. 69.]