Copyright Act 1994

Miscellaneous provisions - Other countries

229: Supplementary provisions as to fraudulent reception

You could also call this:

"Rules to stop people illegally getting programmes from other countries"

Illustration for Copyright Act 1994

The Governor-General can make rules about programmes from other countries. You need to know that these rules apply to programmes sent from outside New Zealand. The Governor-General will only make these rules if the other country protects New Zealand's programme makers. The Governor-General's rules can apply to services that send sounds or images. You can find more information about these rules in the Legislation Act 2019, Part 3. These rules are called secondary legislation. When the Governor-General makes these rules, they must be published, which means made available to the public. This is so you can know what the rules are. The rules can also apply to services that are run for the person providing the programme.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM347103.

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228: Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions, or

"Stopping People from Charging for Programmes Without Permission"


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230: Application to convention countries, or

"Copyright law applies to people and companies from countries that follow the same rules as New Zealand."

Part 11Miscellaneous provisions
Other countries

229Supplementary provisions as to fraudulent reception

  1. The Governor-General may from time to time, by Order in Council,—

  2. provide that section 227 applies in relation to programmes included in services provided from a country or territory outside New Zealand; and
    1. provide that section 228 applies in relation to such programmes and to encrypted transmissions sent from such a country or territory.
      1. No such order shall be made unless it appears to the Governor-General that provision has been or will be made under the laws of that country or territory giving adequate protection to persons making charges for programmes included in communication works provided from New Zealand or, as the case may be, for encrypted transmissions sent from New Zealand.

      2. Where sections 227 and 228 apply in relation to a communication work, they also apply to any service run for the person providing that service, or a person providing programmes for that service, where the service so run consists wholly or mainly in the sending by means of a telecommunications system of sounds or visual images, or both.

      3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Notes
      • Section 229(2): amended, on , by section 93(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
      • Section 229(3): amended, on , by section 93(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
      • Section 229(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).