Copyright Act 1994

Border protection measures

141: Proceedings

You could also call this:

"Going to court to sort out copyright issues"

You can ask the court to cancel a notice that was accepted under section 136(3)(a). The court can then make a decision about this. You can also ask the court to release an item that is being held under section 140. The court can make a decision about this too. You can ask the court to decide if an item is a pirated copy, as determined under section 137(3). The court must make a decision about this. When you do this, you must tell the chief executive about the proceedings. In these proceedings, the court will give directions on how to notify people who have an interest in the item. These people can appear in court and appeal against any decision, even if they were not notified earlier under section 139. Any decision made by the court will not take effect until any appeals have been finalised.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346654.

This page was last updated on 3 December 2025 — View changes

Topics:

Business > Intellectual property

140: Detention of pirated copy, or

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

141A: Forfeiture of goods by consent, or

"Giving up fake copies to the government"

Part 7Border protection measures

141Proceedings

Any person may apply to the court for an order that a notice accepted under section 136(3)(a) be discharged, and the court may make such an order accordingly.
Any person may apply to the court for an order that an item detained under section 140 be released, and the court may make such an order accordingly.
Any person may apply to the court for a decision on whether an item that is the subject of a determination made under section 137(3) is a specified item that is a pirated copy, and the court must make a decision accordingly.
Notice of proceedings under subsection (3) shall be served on the chief executive.
In proceedings under subsection (3), the court shall issue directions as to the service of notice on persons having an interest in the item that is the subject of proceedings, and any such person is entitled—
to appear in those proceedings, whether or not that person was served with notice under section 139; and
to appeal against any order made in those proceedings, whether or not that person appeared in the proceedings.

No order made in proceedings under subsection (3) shall take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

Notes

Section 141(3): replaced, on 30 December 2018, by section 13 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
Section 141(4): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).