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Copyright Act 1994

Miscellaneous provisions - Other countries

232: Application of Act (other than Part 9) to other entities

You could also call this:

"How the Copyright Act applies to people and companies from other countries"

Illustration for Copyright Act 1994

The Governor-General can apply parts of the Copyright Act to other entities. You need to know that this can include countries or territories. The Minister must recommend this. The Act can apply to people from other entities like it applies to New Zealanders. It can also apply to companies from other entities like it applies to New Zealand companies. The Minister must be satisfied that the other entity protects copyright owners. An order can apply to a whole country or just a part of it. If a work's author is unknown, but from another entity, a person from that entity can represent the author. An order under this section is secondary legislation, see Part 3 of the Legislation Act 2019 for publication requirements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM347106.

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Part 11Miscellaneous provisions
Other countries

232Application of Act (other than Part 9) to other entities

  1. On the recommendation of the Minister, the Governor-General may by Order in Council apply any provision or provisions of this Act (other than a provision of Part 9) to any entity specified in the order (whether a State, part of a State, a territory for whose international relations a State is responsible, a political union, an international organisation, or any other entity).

  2. To the extent that the nature of the entity permits, an order may apply a provision to an entity so that it has all or any of the following effects:

  3. it applies to persons who are citizens or subjects of, or domiciled or resident in, the entity as it applies to persons who are citizens or subjects of, or domiciled or resident in, New Zealand:
    1. it applies to bodies incorporated under the law of the entity as it applies to bodies incorporated under the law of New Zealand:
      1. it applies to works first published in the entity as it applies to works first published in New Zealand:
        1. it applies to communication works communicated from any convention country as it applies to communication works communicated from New Zealand.

          1. An order—

          2. may apply a provision unconditionally, or subject to conditions, modifications, or both; and
            1. may apply a provision generally, or in relation to works or cases of a particular class or classes.

              1. The Minister must not recommend the making of an order applying any provision of this Act to any entity unless satisfied that—

              2. the entity is a convention country; or
                1. provision is or will be made under the law of or applicable to the entity giving reciprocal protection to copyright owners in respect of works generally or (as the case requires) works or cases of the class or classes to which the order applies that provision of this Act.

                  1. If the Government of a State is responsible for the international relations of 1 or more territories, an order may apply a provision to—

                  2. both the State and the territory (or 1 or more of the territories) concerned; or
                    1. just the State; or
                      1. just the territory (or 1 or more of the territories) concerned.

                        1. If—

                        2. an unpublished work is of unknown authorship, but there are reasonable grounds to suppose that the author was at the material time a citizen or subject of, or domiciled or resident in, an entity other than New Zealand; and
                          1. an order under this section has applied a provision of this Act to that entity so that it applies to persons who are citizens or subjects of the entity, or are domiciled or resident there, as it applies to persons who are citizens or subjects of, or domiciled or resident in, New Zealand; and
                            1. a person is authorised under the law of or applicable to the entity to represent the author, or protect and enforce the rights of the author in relation to the work,—
                                1. the authorised person must be treated as if he or she were the author of the work for the purposes of the provision.

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

                              Notes
                              • Section 232: substituted, on , by section 3(1) of the Copyright Amendment Act 1999 (1999 No 124).
                              • Section 232(2)(d): substituted, on , by section 95 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                              • Section 232(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).