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Copyright (Border Protection) Regulations 1994 (reprint as at 29 September 2003), New Zealand

Back Latest Version in WIPO Lex
Details Details Year of Version 2003 Dates Entry into force: January 1, 1995 Adopted: December 19, 1994 Type of Text Implementing Rules/Regulations Subject Matter Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws, IP Regulatory Body

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Main text(s) Main text(s) English Copyright (Border Protection) Regulations 1994 (reprint as at 29 September 2003)        

Reprint as at 29 September 2003

Copyright (Border Protection) Regulations 1994

(SR 1994/309)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 19th day of December 1994

Present: The Hon Doug Kidd presiding in Council

Pursuant to section 234 of the Copyright Act 1994, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.

These regulationsare administered by the Ministry of Economic Development.

r 1 Copyright (Border Protection)Regulations 1994 Reprinted as at29 September 2003
Contents
Page
1 Title and commencement 2
2 Interpretation 2
3 Form of notice under section 136(1) 2
4 Evidence in support of claim 2
5 Notice of transmission and other matters 3
6 Security and indemnity 3
7 Agents 4
8 Disposal of forfeited goods 4
Schedule 5
Form of notice under section 136(1) of Copyright Act
1994

Regulations

1 Title and commencement
(1) (2) These regulations may be cited as the Copyright (Border Protection) Regulations 1994. These regulations shall come into force on 1 January 1995.
2 Interpretation In these regulations, the Act means the Copyright Act 1994.
3 (1) (2) Form of notice under section 136(1) Every notice under section 136(1) of the Act shall be in the form set out in the Schedule of these regulations. [Revoked] Regulation 3(2): revoked, on 1 October 1996, by regulation 2 of the Copyright (Border Protection) Regulations 1994, Amendment No 1 (SR 1996/240).
4 (1) (2) Evidence in support of claim Every person giving a notice under section 136(1) of the Act shall furnish to the chief executive evidence in support of the claim that an item is a work, or items are works, as the case may be, in which the person owns the copyright. Thechiefexecutivemaydirectthatsuchevidencebefurnished at the time the notice is given or at any subsequent time.

Reprinted as atCopyright (Border Protection) 29 September 2003 Regulations 1994 r6

Regulation4(1): amended,on1October1996,byregulation3oftheCopyright (Border Protection) Regulations 1994, Amendment No 1 (SR 1996/240).

Regulation4(1): amended,on1October1996,bysection289(2)oftheCustoms and Excise Act 1996 (1996 No 27).

Regulation4(2): amended,on1October1996,bysection289(2)oftheCustoms and Excise Act 1996 (1996 No 27).

5 Notice of transmission and other matters Every person giving a notice under section 136(1) of the Act must inform the chief executive, in writing, of—

(a)
any transmission of the copyright in the work or works to which the notice relates:
(b)
any change in the particulars contained in the notice or in any evidence given to the chief executive in support of the claim that an item is a work, or items are works, asthecasemaybe,inwhichthepersonownsthecopyright.

Regulation 5: amended, on 1 October 1996, by section 289(2) of the Customs and Excise Act 1996 (1996 No 27).

Regulation 5(a): amended, on 1 October 1996,byregulation 3(1) of theCopyright(BorderProtection) Regulations 1994,Amendment No 1 (SR1996/240).

Regulation5(b): amended,on1October1996,byregulation3(2)oftheCopyright(BorderProtection) Regulations 1994,Amendment No 1 (SR1996/240).

Regulation5(b): amended,on1October1996,bysection289(2)oftheCustoms and Excise Act 1996 (1996 No 27).

6 Security and indemnity

(1)
Every person giving a notice under section 136(1) of the Act shall give security or an indemnity or both security and an indemnitytosuchpersons,ofsuchamount,andonsuchterms and conditions as may be determinedby the chief executive.
(2)
Thechiefexecutivemaydirectthatsecurityoranindemnityor bothsecurityand anindemnitybegivenatthetimethenotice is given or at any subsequent time.
(3)
Every person to whom an item is to be or has been released from detention under section 140(1) of the Act shall give se curity or an indemnity or both security and an indemnity to such persons, of such amount, and on such terms and conditions as may be determined by the chief executive. Regulation6(1): amended,on1October1996,bysection289(2)oftheCustoms

and Excise Act 1996 (1996 No 27).

r 7 Copyright (Border Protection)Regulations 1994 Reprinted as at29 September 2003
Regulation6(2): amended,on1October1996,bysection289(2)oftheCustoms and Excise Act 1996 (1996 No 27).
Regulation6(3): amended,on1October1996,bysection289(2)oftheCustoms and Excise Act 1996 (1996 No 27).
7 (1) (2) Agents Notice under section 136(1) of the Act may be given to the chief executive by a duly appointed agent of the owner of the copyright in the work or works. Where the chief executive is required under Part 7 of the Act to advise, or cause a notice to be served on, any person who has given a notice under section 136(1) ofthe Act, that advice or notice may be given to that person’s duly appointed agent.
Regulation7(1): amended,on1October1996,byregulation5oftheCopyright (Border Protection) Regulations 1994, Amendment No 1 (SR 1996/240).
Regulation7(1): amended,on1October1996,bysection289(2)oftheCustoms and Excise Act 1996 (1996 No 27).
Regulation7(2): amended,on1October1996,bysection289(2)oftheCustoms and Excise Act 1996 (1996 No 27).
8 (1) Disposal of forfeited goods Pirated copies forfeited to the Crown under section 141A of the Act must be sold, destroyed, or otherwise disposed of in the manner that the chief executive directs.
(2) However,thechiefexecutivemustnotdirectasteptobetaken under subclause (1) without first having regard to the need to ensure that the step to be taken does not adversely affect the owner of the copyright in the work or the owner’s licensee.
Regulation 8: added, on 29 September 2003, by regulation 3 of the Copyright (Border Protection) Amendment Regulations 2003 (SR 2003/212).

Reprinted as atCopyright (Border Protection) 29 September 2003 Regulations 1994 Schedule

Schedule r3 Form of notice under section 136(1) of Copyright Act 1994

Schedule: substituted,on29September2003,byregulation4oftheCopyright (Border Protection) Amendment Regulations 2003 (SR 2003/212).

Notice requesting detention of pirated copies To the chief executive of the New Zealand Customs Service [State full name of the owner of the copyright]of[state the address of

the owner of the copyright] claims that [describe the work in which copyright is claimed]isaworkinwhich[state full name of the owner of the copyright] owns the copyright.

Thetitleoftheworkis[state the title under which the work has been

published or attach a list of works as a schedule]. Thefullnameoftheauthoris[if the work is of unknown authorship, insert words to that effect. If the author is a company, insert the name of the company, and the division within the company, that produced the work].

In relation to a published edition, the full name of the publisher is [full name]. *The author is still living.

†The year of the death of the author was [state the year of death of the author or the last surviving author].

The year in which the work was made was [date]. In relation to a sound recording or film, the year in which the work was made and the year in which the work was made available to the public by an authorised act was [date].

Thecountryandyearoffirstpublicationoftheworkwas[state country and year and, if there was simultaneous publication in more than 1 country, state all countries].

The status of the author or publisher at the time of first publication was [state the citizenship and domicile or residence of the author of the work or the publisher of the edition or, if the author or publisher is a company, the name of the country where the company is incorporated].

The chief executive of the New Zealand Customs Service is requested to detain any pirated copies of [describe the work in which

Copyright (Border Protection)Reprinted as atSchedule Regulations 1994 29 September 2003

copyright is claimed]thatarein,oratanytimecomeinto,thecontrol

of the New Zealand Customs Service. Thisnoticeisinforcefortheperiod[insert a period that is not longer than 5 years from the date of the notice or, if the copyright in the work will expire within 5 years from the date of the notice, not longer than the period for which the copyright will last].

*Delete if the work is of unknown authorship or if no author is still living.

†Delete if the author is still living or, if the work is a work of joint authorship, if one of the authors is still living.

Detailsofthepersonandcontactaddressfortheserviceofanynotice are: Name: Business/residential address: Postal address: Telephone No: Facsimile No: Email:

Date: Signature:

Marie Shroff, Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 21 December 1994.

Reprinted as atCopyright (Border Protection) 29 September 2003 Regulations 1994 Notes

Contents

1 General

2 Status of reprints

3 How reprints are prepared

4 Changesmadeundersection17CoftheActsandRegulations Publication Act 1989

5 List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Copyright (BorderProtection) Regulations1994. Thereprintincorporatesalltheamendmentstothe regulationsasat29September2003,asspecifiedinthelistof amendments at the end of these notes.

Relevantprovisionsofany amending enactmentsthatcontain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the dateofthereprint,thelawenactedbytheprincipalenactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumesofstatutesorstatutoryregulations in whichthe principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked

7

Copyright (Border Protection)Reprinted as atNotes Regulations 1994 29 September 2003

are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section17C oftheActsandRegulationsPublicationAct1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes thatwould alter the effect of the legislation are not permitted.

Anewformatoflegislationwasintroducedon1January2000. Changestolegislativedraftingstylehavealsobeenmadesince 1997,andareongoing. Totheextentpermittedbysection17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

Inoutline,theeditorialchangesmadeinreprintsundertheauthorityof section17C oftheActsandRegulationsPublication Act1989aresetoutbelow,andtheyhavebeenapplied,where relevant, in the preparation of this reprint:

• omission of unnecessary referential words (such as “of this section” and “of this Act”)

  • typefaceandtypesize(TimesRoman,generallyin11.5 point)
    • layout of provisions, including:
      • indentation
      • positionofsectionheadings(eg,thenumberand heading now appear above the section)
  • formatofdefinitions(eg,thedefinedtermnowappears in bold type, without quotation marks)
  • format of dates (eg, a date formerly expressed as “the 1stdayofJanuary1999”isnowexpressedas“1January 1999”)

Reprinted as atCopyright (Border Protection) 29 September 2003 Regulations 1994 Notes

  • positionofthedateofassent(itnowappearsonthefront page of each Act)
  • punctuation (eg, colons are not used after definitions)
  • Partsnumberedwithromannumeralsarereplacedwith arabic numerals, and all cross-references are changed accordingly
    • case and appearance of letters and words, including:
      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
      • smallcapitallettersinsectionandsubsectionreferences are now capital letters
  • schedulesarerenumbered(eg,Schedule1replacesFirst Schedule),andallcross-referencesarechangedaccordingly
  • running heads (the information that appears at the top of each page)
  • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronologican( �/span>.

List of amendments incorporated in this reprint (most recent first)

Copyright (BorderProtection) AmendmentRegulations 2003 (SR 2003/212)

Copyright (Border Protection) Regulations 1994, Amendment No 1 (SR 1996/240) Customs and Excise Act 1996 (1996 No 27): section 289(2)

Wellington, New Zealand: Published under the authority of the New Zealand Government—2010


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