Electoral Act 1993

Electoral Commission

9A: Ownership of intellectual property developed by delegates of functions or powers

You could also call this:

"Who owns new ideas created while working for the Electoral Commission?"

Illustration for Electoral Act 1993

If you create something new, like a idea or a design, while working for the Electoral Commission, it belongs to the Crown. This happens if you are doing a job that the Commission gave you, and you are using money from the government to do that job. You can be doing this job on your own or with others, and it must be related to registering electors. The Crown can decide to let someone else use this new idea or design, or even give it to them completely. This rule applies even if there are other laws or agreements that say something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4558604.


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Part 1Electoral Commission

9AOwnership of intellectual property developed by delegates of functions or powers

  1. Any intellectual property of any kind in, or in respect of, any matter or thing belongs to the Crown if it is devised or developed (entirely or mainly) after 30 June 2012 by or on behalf of an electoral official to whom or to which all or any of the Commission's functions or powers that relate to registration of electors have been delegated under section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9 of this Act) and—

  2. in the exercise or performance by or on behalf of that official of those delegated functions or powers; or
    1. entirely or mainly by or through the use of public money appropriated by Parliament to facilitate the exercise or performance of those delegated functions or powers.
      1. However, the Crown acting by and through the Minister of Finance may grant to any person a licence in respect of, or transfer to any person all or any ownership of, all or any of that intellectual property.

      2. This section applies despite any contrary instrument or law.

      Notes
      • Section 9A: inserted, on , by section 29 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).