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Copyright Act 1994

Remedies for infringement - Offences

133A: Evidence in proceedings

You could also call this:

"What evidence can be used in court for copyright cases"

Illustration for Copyright Act 1994

When you are in court for a copyright offence under section 131, the court can use an affidavit as evidence to prove that copyright exists and who owns it. You can ask the court to make someone come to court if they have given evidence by affidavit, so you can ask them more questions. The court can then decide whether to make that person come to court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346612.

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Part 6Remedies for infringement
Offences

133AEvidence in proceedings

  1. In proceedings for an offence against section 131, whether by way of a hearing in the first instance or by way of appeal or otherwise, the court may receive an affidavit as evidence of the existence and ownership of copyright.

  2. A party to the proceedings may apply to the court to require a person whose evidence has been given by affidavit to attend the proceedings for the purposes of cross-examination; and the court may make an order accordingly.

Notes
  • Section 133A: inserted, on , by section 201 of the Trade Marks Act 2002 (2002 No 49).