Copyright Act 1994

Performers' rights - Miscellaneous provisions - Offences

199: Order for delivery up in criminal proceedings

You could also call this:

"What happens to illegal copies if you're taken to court for breaking copyright rules"

You can be taken to court for breaking copyright rules. If you are taken to court, the court can order you to give up any illicit recordings you have. The court can do this if it thinks you had the recordings when you were arrested or charged. You might have to give the recordings to the person who owns the rights to the performance. The court can make this order on its own or if the prosecution asks for it. The court can make this order even if you are not found guilty of the crime. If the recordings are given to someone, they will keep them until the court makes another decision. This decision is made under section 202. You will have to follow the rules about presumptions, which are explained in section 197A, when the court is making a decision about the order. The court will consider whether to make an order under section 202 before making a decision about the recordings. If the court thinks it is unlikely to make an order under section 202, it will not make an order to give up the recordings. You can be ordered to give up the recordings even if the court is not sure what will happen with the case.

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 It might be out of date or be missing some parts.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=DLM346862.

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

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal lawMoney and consumer rights > Consumer protectionArts and culture > Heritage protection

198: Criminal liability for making, dealing with, using, or copying illicit recordings, or

"Breaking the law by making or sharing copies of recordings without permission can lead to fines or prison"

200: False representation of authority to give consent, or

"Saying you can give permission for a performance when you're not allowed to"

Part 9Performers' rights
Miscellaneous provisions: Offences

199Order for delivery up in criminal proceedings

The court before which proceedings are brought against a person for an offence against section 198 may, if satisfied that, at the time of the defendant's arrest or charge, the defendant had in his possession, custody, or control in the course of a business an illicit recording, order that the recording be delivered up to a person having performers' rights in relation to the performance or to such other person as the court may direct.
An order may be made under subsection (1) by the court of its own motion or on the application of the prosecution, and may be made whether or not the person is convicted of the offence, but shall not be made if it appears to the court unlikely that any order will be made under section 202 in the proceedings.
A person to whom an illicit recording is delivered up pursuant to an order made under this section shall retain the recording pending the making of an order, or the decision not to make an order, under section 202.
Section 197A (which relates to presumptions) applies in proceedings for an order under this section.

Notes

Section 199(4): inserted, on 30 December 2018, by section 36 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).