sec.10.12Legal proceedings

### sec.10.12 Legal proceedings Any proceedings or any action, claim or demand to which the commissioner for the time being is a party does not abate or terminate by reason that such party has ceased to be the commissioner, but may continue in the name of the successor in office. In a proceeding, an allegation or statement, in a complaint or another initiating process, or in a pleading or affidavit, of any of the following things is evidence of the thing alleged or stated— a stated place is a police establishment or police station; a stated thing is appropriated to the use of, or is used by, the police service or any officer or staff member in the officer’s or member’s official capacity; a stated act, omission, conduct or breach of duty has not been authorised or consented to by the commissioner in relation to anything mentioned in paragraph (a) or (b) ; stated property is the property of the commissioner under this Act. In a proceeding, a document signed by the commissioner and stating any of the following is evidence of the thing stated— at a stated time or during a stated period a stated person was a police dog handler or mounted police officer; at a stated time or during a stated period a dog or horse identified in the document was a police dog or police horse; at a stated time or during a stated period— a stated officer or staff member was authorised under section 5A .4B to operate a saliva analysing instrument; and the authorisation was subject to a stated limitation or condition. s 10.12 amd 1993 No. 77 s 2 sch 1 ; 1998 No. 19 s 12 ; 2018 No. 20 s 54 ; 2022 No. 4 s 24 (sec.10.12-ssec.1) Any proceedings or any action, claim or demand to which the commissioner for the time being is a party does not abate or terminate by reason that such party has ceased to be the commissioner, but may continue in the name of the successor in office. (sec.10.12-ssec.2) In a proceeding, an allegation or statement, in a complaint or another initiating process, or in a pleading or affidavit, of any of the following things is evidence of the thing alleged or stated— a stated place is a police establishment or police station; a stated thing is appropriated to the use of, or is used by, the police service or any officer or staff member in the officer’s or member’s official capacity; a stated act, omission, conduct or breach of duty has not been authorised or consented to by the commissioner in relation to anything mentioned in paragraph (a) or (b) ; stated property is the property of the commissioner under this Act. (sec.10.12-ssec.3) In a proceeding, a document signed by the commissioner and stating any of the following is evidence of the thing stated— at a stated time or during a stated period a stated person was a police dog handler or mounted police officer; at a stated time or during a stated period a dog or horse identified in the document was a police dog or police horse; at a stated time or during a stated period— a stated officer or staff member was authorised under section 5A .4B to operate a saliva analysing instrument; and the authorisation was subject to a stated limitation or condition. - (a) a stated place is a police establishment or police station; - (b) a stated thing is appropriated to the use of, or is used by, the police service or any officer or staff member in the officer’s or member’s official capacity; - (c) a stated act, omission, conduct or breach of duty has not been authorised or consented to by the commissioner in relation to anything mentioned in paragraph (a) or (b) ; - (d) stated property is the property of the commissioner under this Act. - (a) at a stated time or during a stated period a stated person was a police dog handler or mounted police officer; - (b) at a stated time or during a stated period a dog or horse identified in the document was a police dog or police horse; - (c) at a stated time or during a stated period— (i) a stated officer or staff member was authorised under section 5A .4B to operate a saliva analysing instrument; and (ii) the authorisation was subject to a stated limitation or condition. - (i) a stated officer or staff member was authorised under section 5A .4B to operate a saliva analysing instrument; and - (ii) the authorisation was subject to a stated limitation or condition. - (i) a stated officer or staff member was authorised under section 5A .4B to operate a saliva analysing instrument; and - (ii) the authorisation was subject to a stated limitation or condition.