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Copyright Act 1994

Remedies for infringement - Offences

132: Order for delivery up in criminal proceedings

You could also call this:

"When you break copyright rules, a court can order you to return the copied item to its owner."

Illustration for Copyright Act 1994

You can be taken to court for breaking copyright rules. If you have something that breaks these rules, the court can order you to give it to the copyright owner. The court can do this if you had the item when you were arrested or charged. The court can make this order on its own or if the prosecution asks for it. This can happen even if you are not found guilty of the offence. But the court cannot make this order if six years have passed since the item was made. If the court makes this order, you must give the item to the copyright owner or to someone the court chooses. The person who gets the item must keep it until the court makes another decision about what to do with it. The court follows certain rules when making decisions about copyright cases, and these rules apply to this type of order as well. You can find more information about these rules in sections 126 to 129 and section 134.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346610.

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Part 6Remedies for infringement
Offences

132Order for delivery up in criminal proceedings

  1. The court before which proceedings are brought against a person for an offence against section 131 may, if it is satisfied that, at the time of the defendant's arrest or charge,—

  2. the defendant had in the defendant's possession, custody, or control in the course of a business an infringing copy of a copyright work; or
    1. the defendant had in the defendant's possession, custody, or control an object specifically designed or adapted for making copies of a particular copyright work, knowing that the object had been or was to be used to make infringing copies,—
        1. order that the infringing copy or object be delivered up to the copyright owner or to such other person as the court may direct.

      1. An order may be made under subsection (1) by the court of its own motion or on the application of the prosecution, and may be made whether or not the person is convicted of the offence, but shall not be made—

      2. after the end of the period of 6 years from the date on which the infringing copy or object in question was made; or
        1. if it appears to the court unlikely that any order will be made under section 134 in the proceedings.

          1. Sections 126 to 129 (which relate to presumptions) apply in proceedings for an order under this section.

          2. A person to whom an infringing copy or other object is delivered up pursuant to an order made under this section shall retain the copy or object pending the making of an order, or the decision not to make an order, under section 134.

          Compare
          • 1962 No 33 s 28(4)