Trade Marks Act 2002

Legal proceedings - Border protection measures - Enforcement powers of Customs officers

155E: Judge may order documents to be produced

You could also call this:

"Judge can ask for papers if someone might have broken trade mark rules"

If a judge thinks there's a good reason to believe someone has important papers about breaking the trade mark rules for things brought into New Zealand, the judge can tell that person to show those papers to a Customs officer.

When the judge tells someone to show their papers, they must say:

When the person needs to show the papers
Where the person needs to show the papers
Which Customs officer the person needs to show the papers to

The judge might also add other rules about showing the papers.

The judge's order to show papers should use a special form if there is one. The judge can decide if there need to be any extra rules about showing the papers.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM4124756.

Topics:

Business > Intellectual propertyMāori affairs > Te reo Māori

155D: Customs officer may apply for production order, or

"Customs officer can ask a judge to see important documents for investigating import crimes"

155F: Powers of Customs officer to whom documents produced, or

"What Customs officers can do with papers people give them"

Part 4Legal proceedings
Border protection measures: Enforcement powers of Customs officers

155EJudge may order documents to be produced

If an application is made under section 155D 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 in respect of imported goods, the District Court Judge may order the person to produce those documents for inspection by a Customs 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 Customs 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 155E: inserted, on 7 October 2011, by section 23 of the Trade Marks Amendment Act 2011 (2011 No 71).