Trade Marks Act 2002

Legal proceedings - Enforcement officers - General provisions that apply to powers of entry and search, and entry and examination

134S: Further extension to, or dispensation from, obligation to comply with certain provisions

You could also call this:

"Asking for more time or to be excused from following rules about seized items"

If you've already received an order to delay or be excused from following certain rules about reporting seized items, you can ask a judge for more time or to be permanently excused. You can only ask for more time once. The judge can give you up to 12 more months or excuse you forever if they think it's necessary. They will decide based on the same reasons as before. However, the judge can't give you more time or excuse you if the item has already been taken, unless it's just a copy of some information. This rule is about items that have been taken during investigations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4124347.


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134R: Compliance with certain provisions may be deferred in certain circumstances, or

"Sometimes you can wait to tell people about a search if it keeps everyone safe"


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134T: Period things seized may be retained, or

"How long can police or officials keep things they take during an investigation?"

Part 4Legal proceedings
Enforcement officers: General provisions that apply to powers of entry and search, and entry and examination

134SFurther extension to, or dispensation from, obligation to comply with certain provisions

  1. A person who has obtained an order under section 134R(3) may, before the expiry of that order, apply to a District Court Judge for a further order for postponement of, or dispensation from, the obligation to comply with section 134P(4) or (5) or 134Q on the grounds set out in section 134R(1).

  2. An application for a further postponement may only be made on 1 occasion.

  3. On an application under subsection (1), the District Court Judge may postpone for a further specified period not exceeding 12 months, or order a permanent dispensation from, the obligation to comply with section 134P(4) or (5) or 134Q, if the Judge is satisfied on either ground set out in section 134R(1).

  4. A District Court Judge may not grant, under subsection (3), any postponement of, or dispensation from, an obligation in respect of any thing that has been seized, unless the thing seized is a copy of any information taken or made.

Notes
  • Section 134S: inserted, on , by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).