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Copyright Act 1994

Acts permitted in relation to copyright works - Public administration

61: Material open to public inspection or on official register

You could also call this:

"Copying public information is allowed"

Illustration for Copyright Act 1994

You can copy material that is open to the public without infringing copyright. This is allowed when the material is available for public inspection or reference due to a statutory requirement, or it is on a statutory register. You are allowed to copy the material for a purpose that does not involve giving copies to the public. You are also allowed to copy or give copies of the material to the public if it helps people inspect the material at a more convenient time or place. This can also help people exercise their rights for the purpose the material is available. You can copy or give copies of the material to the public if it contains information that is of general scientific, technical, commercial, or economic interest. The Governor-General can make an Order in Council to specify how these rules apply in certain cases. The Governor-General can also make an Order in Council to apply these rules to material made available by international organisations or people with functions in New Zealand under an international agreement. You can find more information about Orders in Council in Part 3 of the Legislation Act 2019. Some words have special meanings in this section, like "appropriate person", "statutory register", and "statutory requirement". The "appropriate person" is the person who makes the material available or maintains the register. A "statutory register" is a register that is required by law. A "statutory requirement" is a requirement imposed by a law. An Order in Council is secondary legislation, which has its own publication requirements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345995.

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Part 3Acts permitted in relation to copyright works
Public administration

61Material open to public inspection or on official register

  1. Subject to any Order in Council made under subsection (4), where material is open to public inspection or public reference pursuant to a statutory requirement, or is on a statutory register, copyright in the material is not infringed by the copying of the material, by or with the authority of the appropriate person, for a purpose that does not involve the issuing of copies to the public.

  2. Subject to any Order in Council made under subsection (4), where material is open to public inspection or public reference pursuant to a statutory requirement, copyright is not infringed by the copying or issuing to the public of copies of the material, by or with the authority of the appropriate person, for the purpose of enabling the material to be inspected at a more convenient time or place or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed.

  3. Subject to any Order in Council made under subsection (4), where material that is open to public inspection or public reference pursuant to a statutory requirement, or that is on a statutory register, contains information about matters of general scientific, technical, commercial, or economic interest, copyright is not infringed by the copying or issuing to the public of copies of the material, by or with the authority of the appropriate person, for the purpose of disseminating that information.

  4. The Governor-General may from time to time, by Order in Council, provide that all or any of subsections (1) to (3) shall, in such cases as may be specified in the order, apply only to copies marked in such manner as may be so specified.

  5. The Governor-General may from time to time, by Order in Council, provide that all or any of subsections (1) to (3) apply, to such extent and with such modifications as may be specified in the order, in relation to—

  6. material made open to public inspection or public reference by—
    1. an international organisation specified in the order; or
      1. a person specified in the order who has functions in New Zealand under an international agreement to which New Zealand is a party; or
      2. a register maintained by an international organisation specified in the order,—
          1. as those provisions apply in relation to material open to public inspection or public reference pursuant to a statutory requirement or by virtue of being on a statutory register.

        1. In this section,—

          appropriate person means the person required to make the material open to public inspection or public reference or, as the case may be, the person maintaining the register

            statutory register means a register maintained pursuant to a statutory requirement

              statutory requirement means a requirement imposed by a provision of an enactment.

              1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Compare
              • 1962 No 33 s 61
              Notes
              • Section 61(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).