Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Border protection measures

139: Notice of determination

You could also call this:

"Getting told about a decision on your claim"

Illustration for Copyright Act 1994

When the chief executive makes a decision under section 137(3), they must tell you in writing if you made a claim. They must also tell anyone else who might be interested in the item. You will get this notice by post, fax, email, or in person. If the notice is posted, it is considered delivered when it would normally arrive by mail. If the notice is faxed, it is considered delivered the day after it is sent. If the notice is emailed, it is considered delivered two working days after it is sent. Not getting this notice does not make it illegal to hold an item under section 140.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346650.

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Part 7Border protection measures

139Notice of determination

  1. Where the chief executive makes a determination under section 137(3), the chief executive must cause written notice of the determination to be served on—

  2. the claimant; and
    1. any other person appearing to the chief executive to have an interest in the item—
        1. within such period as may reasonably be necessary to effect service.

      1. Every notice required to be served on the claimant or other person under subsection (1) may be given to the claimant or other person—

      2. by personal delivery to the claimant or other person; or
        1. by posting it to the last known address of the claimant or other person; or
          1. by faxing it to the last known fax number of the claimant or other person; or
            1. by emailing it to the claimant or other person at an email address that is used by the claimant or other person.

              1. A notice that is posted to a claimant or any other person must be treated as served on the claimant or other person at the time when it would have been delivered in the ordinary course of post, and, in proving the delivery,—

              2. it is sufficient to prove that the letter was properly addressed and posted; and
                1. in the absence of proof to the contrary, the notice must be treated as having been posted on the day on which it was dated.

                  1. A notice that is faxed to a claimant or any other person must, in the absence of proof to the contrary, be treated as served on the claimant or other person on the day after the date on which it is faxed, and, in proving that it was faxed, it is sufficient to prove that a fax machine generated a record of the transmission of the notice to the fax number.

                  2. In the absence of proof to the contrary, a notice that is emailed to a claimant or any other person must be treated as served on the claimant or other person on the second working day after the date on which it is emailed, and, in proving that the notice was emailed, it is sufficient to prove that the notice was properly addressed and sent to the email address.

                  3. The detention of any item under section 140 is not rendered illegal by a failure to serve notice under subsection (1).

                  Notes
                  • Section 139(1): substituted, on , by section 3 of the Copyright Amendment Act 1997 (1997 No 38).
                  • Section 139(2)(b): replaced, on , by section 54(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                  • Section 139(2)(c): replaced, on , by section 54(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                  • Section 139(2)(d): inserted, on , by section 54(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                  • Section 139(2A): inserted, on , by section 54(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                  • Section 139(2B): inserted, on , by section 54(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                  • Section 139(2C): inserted, on , by section 54(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).