Copyright Act 1994

Border protection measures

142: Powers of court

You could also call this:

"What happens to pirated copies in court"

If a court decides an item is a pirated copy, you will have to give it up. The court can order the item to be forfeited to the Crown, destroyed, or dealt with in another way. The court will think about what is fair when making this decision. When the court is making a decision, you will consider if other solutions would help the person who owns the copyright. You will also think about making sure the pirated copy does not hurt the person who owns the copyright. If many people are interested in the item, the court can order it to be sold and the money divided. The court can make any other decision it thinks is fair. If the court decides the item is not a pirated copy, you might have to pay the importer, exporter, or owner of the item. The court will decide how much you have to pay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346658.

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

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141A: Forfeiture of goods by consent, or

"Giving up fake copies to the government"

143: Inspection of item, or

"Looking at items held by Customs"

Part 7Border protection measures

142Powers of court

If, in proceedings under section 141(3), the court decides that an item that is the subject of a determination made under section 137(3) is a specified item that is a pirated copy, the court must make an order that the item be—
forfeited to the Crown; or
destroyed; or
otherwise dealt with as the court thinks fit.

In considering what order should be made under subsection (1), the court shall have regard to—
whether other remedies available in proceedings for infringement of copyright would be adequate to compensate the claimant and to protect that person's interests; and
the need to ensure that no pirated copy is disposed of in a manner that would adversely affect the claimant.

Where more than 1 person is interested in an item, the court may direct that the item be sold, or otherwise dealt with, and the proceeds divided, and shall make any other order as it thinks just.
If, in proceedings under section 141(3), the court decides that an item that is the subject of a determination made under section 141(3) is a specified item but that it is not a pirated copy, the court may make an order that any person who is a party to the proceedings pay compensation in such amount as the court thinks fit to the importer, exporter, or owner of the item.

Notes

Section 142(1): replaced, on 30 December 2018, by section 15(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
Section 142(4): replaced, on 30 December 2018, by section 15(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).