Copyright Act 1994

Border protection measures

136: Notice may be given to chief executive

You could also call this:

"Telling the chief executive about copyright infringement"

Illustration for Copyright Act 1994

You can give a written notice to the chief executive if you own the copyright to a work. You must claim the work is yours and ask the chief executive to stop any pirated copies. The notice must include details to support your claim and say how long it should last. You can ask for the notice to last up to 5 years or until the copyright expires. The chief executive will accept your notice if it meets the requirements. They will decline it if it does not meet the requirements and will tell you their decision. The chief executive will look at your notice and decide what to do with it. They must advise you within a reasonable time whether your notice is accepted or declined. You can find more information about changes to this law in the Copyright Amendment Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346644.

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135C: Release of items, or

"Getting your items back if they are no longer being held by the law"


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136A: Chief executive may suspend accepted notice, or

"Chief Executive Can Pause a Notice if It's Incorrect or Out of Date"

Part 7Border protection measures

136Notice may be given to chief executive

  1. A person who owns the copyright in any 1 or more literary, dramatic, musical, or artistic works, or 1 or more typographical arrangements of a published edition, or 1 or more sound recordings or films may give a notice in writing to the chief executive—

  2. claiming that an item is a work, or items are works, as the case may be, in which the person owns the copyright; and
    1. requesting the chief executive to detain any pirated copies of the item or items, as the case may be, that are in, or at any time come into, the control of the Customs.
      1. A notice under subsection (1) shall—

      2. contain such particulars in support of the claim that the item is a pirated copy, or items are pirated copies, as the case may be, as may be prescribed in regulations made under this Act; and
        1. specify the period for which the notice is to be in force, which period shall be—
          1. not longer than 5 years from the date of the notice; or
            1. if the copyright in the work or any of the works to which the notice relates will expire within the period of 5 years from the date of the notice, not longer than the period for which that copyright will last.
            2. The chief executive shall, in relation to any notice given under subsection (1),—

            3. accept the notice if the claimant and the notice given by the claimant comply with the requirements of this section and any regulations made under this Act:
              1. decline the notice if the claimant or the notice given by the claimant does not comply with the requirements of this section and any regulations made under this Act,—
                1. and shall within a reasonable period of receiving the notice advise the claimant whether the notice has been accepted or declined.

                2. Repealed
                Notes
                • Section 136: substituted, on , by section 2 of the Copyright Amendment Act 1996 (1996 No 28).
                • Section 136(4): repealed, on , by section 8 of the Copyright Amendment Act 2011 (2011 No 72).