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Copyright Act 1994

Border protection measures

135: Definitions

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"What special words mean in the law"

Illustration for Copyright Act 1994

When you read this part of the law, some words have special meanings. You need to know what these words mean to understand the law. The law explains what these words mean. You will see words like "accepted notice", "chief executive", and "claimant". The "chief executive" is a person who is in charge of something, and their meaning is found in section 5(1) of the Customs and Excise Act 2018. A "claimant" is a person who gives a notice under section 136(1). Other words like "control of the Customs" and "Customs officer" also have special meanings. "Control of the Customs" is explained in section 6 of the Customs and Excise Act 2018. A "Customs officer" is a person who works for the New Zealand Customs Service, and their meaning is found in section 5(1) of the Customs and Excise Act 2018. The law also talks about "pirated copies". A "pirated copy" is a copy of something that is made without permission, like a movie or a book. It is made without the owner's permission, and it is against the law. There are more words with special meanings, like "exporter", "importer", and "specified item". An "exporter" is a person who sends goods to another country, and their meaning is found in section 5(1) of the Customs and Excise Act 2018. An "importer" is a person who brings goods into New Zealand, and their meaning is also found in section 5(1) of the Customs and Excise Act 2018. A "specified item" is something that is imported or exported, but not for personal use. These special meanings help you understand what the law is saying. They explain what words mean in the context of the law, so you can follow the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346617.

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Part 7Border protection measures

135Definitions

  1. In this Part, unless the context otherwise requires,—

    accepted notice means a notice given under section 136(1) that has been accepted by the chief executive under section 136(3)

      chief executive has the meaning given to it by section 5(1) of the Customs and Excise Act 2018

        claimant means a person who gives a notice under section 136(1)

          control of the Customs is to be read in accordance with the definition of subject to the control of Customs in section 6 of the Customs and Excise Act 2018

            court means the High Court

              Customs means the New Zealand Customs Service

                Customs officer has the meaning given to it in section 5(1) of the Customs and Excise Act 2018

                  exporter has the meaning given to it in section 5(1) of the Customs and Excise Act 2018

                    importer has the meaning given to it in section 5(1) of the Customs and Excise Act 2018

                      pirated copy—

                      1. means any copy of a copyright work that is a literary, dramatic, musical, or artistic work or the typographical arrangement of a published edition or a sound recording or a film, where the copy is made—
                        1. directly or indirectly from the copyright work; and
                          1. without the licence of the person who owns, in the country where the copy is made, the copyright in the work; and
                            1. in circumstances in which the making of the copy—
                              1. constitutes an infringement of copyright under this Act; or
                                1. would, if it had been done in New Zealand, have constituted an infringement of copyright under this Act; and
                              2. includes any illicit recording within the meaning of section 169, including any illicit recording that is a copyright work sold in a country other than New Zealand by or with the licence of the owner of the copyright in the work in that country; but
                                1. does not include—
                                  1. any other copyright work sold in a country other than New Zealand by or with the licence of the owner of the copyright in the work in that country; or
                                    1. any other work that is not an infringing copy within the meaning of section 12.

                                      specified item means an item imported, or to be exported, other than for private and domestic use

                                      Notes
                                      • Section 135 accepted notice: inserted, on , by section 7 of the Copyright Amendment Act 2011 (2011 No 72).
                                      • Section 135 chief executive: inserted, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
                                      • Section 135 chief executive: amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                                      • Section 135 collector: repealed, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
                                      • Section 135 Comptroller: repealed, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
                                      • Section 135 control of the Customs: substituted, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
                                      • Section 135 control of the Customs: amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                                      • Section 135 Customs: inserted, on , by section 7 of the Copyright Amendment Act 2011 (2011 No 72).
                                      • Section 135 Customs officer: inserted, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
                                      • Section 135 Customs officer: amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                                      • Section 135 exporter: inserted, on , by section 9(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                                      • Section 135 importer: inserted, on , by section 9(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                                      • Section 135 officer of Customs: repealed, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
                                      • Section 135 pirated copy paragraph (a)(iii): replaced, on , by section 9(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                                      • Section 135 pirated copy paragraph (c)(ia): inserted, on , by section 7 of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).
                                      • Section 135 pirated copy paragraph (c)(ii): repealed, on , by section 201 of the Trade Marks Act 2002 (2002 No 49).
                                      • Section 135 specified item: inserted, on , by section 9(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).