sec.184Evidentiary provisions

### sec.184 Evidentiary provisions This section applies to a proceeding under this Act or other fisheries legislation. The power of an inspector to do anything under this Act must be presumed unless a party, by reasonable notice, requires proof of the inspector’s power. A signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be. A certificate purporting to be signed by a person mentioned in subsection (3) and stating any of the following matters is evidence of the matter— a stated document is— an authority or a copy of an authority; or an order, direction, requirement or decision, or a copy of an order direction, requirement or decision, given or made under this Act; or a notice, or a copy of a notice, given under this Act; or a record, or a copy of a record, kept under this Act; or a document, or a copy of a document, kept under this Act; or a decision, or a copy of a decision, made by the chief executive, under the Planning Act ; on a stated day, or during a stated period, a stated person was or was not the holder of an authority or a stated authority; a stated authority was or was not in force on a stated day or during a stated period; on a stated day, an authority— was suspended for a stated period; or was cancelled; on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act; a stated fee or other amount is payable by a stated person to the chief executive and has not been paid; anything else prescribed by regulation. A certificate signed by a person mentioned in subsection (3) stating that the person used stated equipment to retrieve data, sent from the approved vessel tracking equipment for a stated boat, that recorded the equipment’s position to be at a stated place at a stated time on a stated day is evidence that the boat was at the place at the time on the day. A single certificate may be issued for data sent at more than 1 time on a day or on more than 1 day. An inspector signs a certificate stating that, on 21 January 2004, the inspector, using ABC equipment retrieved data, sent from the approved vessel tracking equipment for XYZ boat, that recorded the equipment’s position to be— at latitude 24º33'07" south and longitude 152º57'25" east at 9.30a.m. on 1 January 2002; and at latitude 24º28'00" south and longitude 152º55'32" east at 12.45p.m. on 5 January 2002. The inspector’s certificate is evidence the XYZ boat was at the places stated in paragraphs (a) and (b) at the times and on the days stated. If it is relevant to establish a person took fish, evidence that the person possessed the fish at any time is evidence that the person took the fish. s 184 amd 1997 No. 73 s 32 ; 2000 No. 26 s 13 sch 2 ; 2003 No. 82 s 40 ; 2019 No. 6 s 62 ; 2024 No. 17 s 155 (sec.184-ssec.1) This section applies to a proceeding under this Act or other fisheries legislation. (sec.184-ssec.2) The power of an inspector to do anything under this Act must be presumed unless a party, by reasonable notice, requires proof of the inspector’s power. (sec.184-ssec.3) A signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be. (sec.184-ssec.4) A certificate purporting to be signed by a person mentioned in subsection (3) and stating any of the following matters is evidence of the matter— a stated document is— an authority or a copy of an authority; or an order, direction, requirement or decision, or a copy of an order direction, requirement or decision, given or made under this Act; or a notice, or a copy of a notice, given under this Act; or a record, or a copy of a record, kept under this Act; or a document, or a copy of a document, kept under this Act; or a decision, or a copy of a decision, made by the chief executive, under the Planning Act ; on a stated day, or during a stated period, a stated person was or was not the holder of an authority or a stated authority; a stated authority was or was not in force on a stated day or during a stated period; on a stated day, an authority— was suspended for a stated period; or was cancelled; on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act; a stated fee or other amount is payable by a stated person to the chief executive and has not been paid; anything else prescribed by regulation. (sec.184-ssec.5) A certificate signed by a person mentioned in subsection (3) stating that the person used stated equipment to retrieve data, sent from the approved vessel tracking equipment for a stated boat, that recorded the equipment’s position to be at a stated place at a stated time on a stated day is evidence that the boat was at the place at the time on the day. (sec.184-ssec.6) A single certificate may be issued for data sent at more than 1 time on a day or on more than 1 day. An inspector signs a certificate stating that, on 21 January 2004, the inspector, using ABC equipment retrieved data, sent from the approved vessel tracking equipment for XYZ boat, that recorded the equipment’s position to be— at latitude 24º33'07" south and longitude 152º57'25" east at 9.30a.m. on 1 January 2002; and at latitude 24º28'00" south and longitude 152º55'32" east at 12.45p.m. on 5 January 2002. The inspector’s certificate is evidence the XYZ boat was at the places stated in paragraphs (a) and (b) at the times and on the days stated. (sec.184-ssec.7) If it is relevant to establish a person took fish, evidence that the person possessed the fish at any time is evidence that the person took the fish. - (a) a stated document is— (i) an authority or a copy of an authority; or (ii) an order, direction, requirement or decision, or a copy of an order direction, requirement or decision, given or made under this Act; or (iii) a notice, or a copy of a notice, given under this Act; or (iv) a record, or a copy of a record, kept under this Act; or (v) a document, or a copy of a document, kept under this Act; or (vi) a decision, or a copy of a decision, made by the chief executive, under the Planning Act ; - (i) an authority or a copy of an authority; or - (ii) an order, direction, requirement or decision, or a copy of an order direction, requirement or decision, given or made under this Act; or - (iii) a notice, or a copy of a notice, given under this Act; or - (iv) a record, or a copy of a record, kept under this Act; or - (v) a document, or a copy of a document, kept under this Act; or - (vi) a decision, or a copy of a decision, made by the chief executive, under the Planning Act ; - (b) on a stated day, or during a stated period, a stated person was or was not the holder of an authority or a stated authority; - (c) a stated authority was or was not in force on a stated day or during a stated period; - (d) on a stated day, an authority— (i) was suspended for a stated period; or (ii) was cancelled; - (i) was suspended for a stated period; or - (ii) was cancelled; - (e) on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act; - (f) a stated fee or other amount is payable by a stated person to the chief executive and has not been paid; - (g) anything else prescribed by regulation. - (i) an authority or a copy of an authority; or - (ii) an order, direction, requirement or decision, or a copy of an order direction, requirement or decision, given or made under this Act; or - (iii) a notice, or a copy of a notice, given under this Act; or - (iv) a record, or a copy of a record, kept under this Act; or - (v) a document, or a copy of a document, kept under this Act; or - (vi) a decision, or a copy of a decision, made by the chief executive, under the Planning Act ; - (i) was suspended for a stated period; or - (ii) was cancelled; - (a) at latitude 24º33'07" south and longitude 152º57'25" east at 9.30a.m. on 1 January 2002; and - (b) at latitude 24º28'00" south and longitude 152º55'32" east at 12.45p.m. on 5 January 2002.