Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Border protection measures

140: Detention of pirated copy

You could also call this:

"What happens when a copied item is suspected of being illegal"

Illustration for Copyright Act 1994

If you think an item is a pirated copy, it can be detained by the chief executive or a Customs officer. This happens when the chief executive believes the item might be a pirated copy related to a notice accepted under section 136(3)(a). The item is kept until a decision is made about what to do with it. You can keep the item detained until you get an order to release it under section 141(1) or section 141(2). The item can also be kept detained if there are proceedings under section 141(3) to decide if it is a pirated copy. If 10 working days pass and no one starts proceedings under section 141(3), the item can be released. The chief executive can extend the 10 working days to 20 working days if they think it is necessary. Before releasing the item, you must make sure all other legal requirements are met, such as import or export rules. You must also make sure any security deposits required by regulations are paid. The item can only be released if it is not against the law to do so.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346652.

This page was last updated on — View changes

Topics:
Intellectual property > Copyright infringementBusiness > Industry rulesMoney and consumer rights > Consumer protection
Previous

139: Notice of determination, or

"Getting told about a decision on your claim"

Next

141: Proceedings, or

"Going to court to sort out copyright issues"

Part 7Border protection measures

140Detention of pirated copy

  1. Where the chief executive has formed an opinion that an item that is in the control of the Customs may be a pirated copy to which a notice accepted under section 136(3)(a) relates, that item shall be detained in the custody of the chief executive or any Customs officer until—

  2. the chief executive is served with an order made in proceedings under section 141(1) that the notice be discharged; or
    1. the chief executive is served with an order made in proceedings under section 141(2) that the item be released; or
      1. any proceedings under section 141(3) in respect of that item (including any appeal) are determined by a decision that the item is not a specified item that is a pirated copy; or
        1. any proceedings under section 141(3) in respect of that item, including any appeal, are abandoned; or
          1. 10 working days have elapsed since notice was served under section 139 and the chief executive has not been served with notice of proceedings brought under section 141(3) by a person other than the importer or exporter;—
              1. whereupon the item shall, subject to subsection (3), be released to the person entitled to it.

            1. The chief executive may in any particular case extend the period referred to in subsection (1)(e) to 20 working days if he or she considers it appropriate to do so in all the circumstances.

            2. The chief executive or any Customs officer shall not release any item under subsection (1) unless—

            3. any other legal requirements as to importation or exportation of the item are satisfied; and
              1. any requirements made pursuant to any regulations made under this Act requiring the deposit of a security have been satisfied; and
                1. the release of the item is not otherwise contrary to law.

                  Notes
                  • Section 140: substituted, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
                  • Section 140(1): amended, on , by section 12(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                  • Section 140(1)(c): replaced, on , by section 12(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                  • Section 140(1)(e): amended, on , by section 12(3) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
                  • Section 140(3)(a): amended, on , by section 12(4) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).