Trade Marks Act 2002

Legal proceedings - Enforcement officers - Other powers of enforcement officers

134Y: Judge may order documents to be produced

You could also call this:

"Judge can ask for important trade mark papers"

If a judge thinks there's a good reason to believe someone has documents that are important for looking into a crime about trade marks, they can tell that person to show those documents to a police officer. This happens when someone asks the judge to do this.

When the judge tells someone to show their documents, they will write down some important details. They'll say when and where the person needs to bring the documents, and which police officer should look at them. The judge might also add some extra rules about how this should happen.

The judge's order will be written in a special way if there's a form for it. The judge can decide to add any other rules they think are needed when they tell someone to show their documents.

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This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4124372.

Topics:

Business > Intellectual propertyCrime and justice > Criminal lawCrime and justice > Courts and legal help

134X: Enforcement officer may apply for production order, or

"Police can ask a judge to see important papers for investigating trademark crimes"

134Z: Powers of enforcement officer to whom documents produced, or

"What an enforcement officer can do with documents they receive"

Part 4Legal proceedings
Enforcement officers: Other powers of enforcement officers

134YJudge may order documents to be produced

If an application is made under section 134X and the District Court Judge is satisfied that there are reasonable grounds to believe that the person in respect of whom the order is sought has in that person's possession, custody, or control, 1 or more documents that are evidence of, or may be of significant relevance to the investigation of, an offence against any of sections 120 to 124, the District Court Judge may order the person to produce those documents for inspection by an enforcement officer.
An order under subsection (1)—
must be in the prescribed form (if any); and
must specify—
1. when the documents are to be produced for inspection; and
2. the place where the documents are to be produced for inspection; and
3. the enforcement officer to whom the documents are to be produced for inspection; and
may be subject to any further terms and conditions the District Court Judge thinks fit.

Notes

Section 134Y: inserted, on 7 October 2011, by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).