Copyright Act 1994

Miscellaneous provisions - Other countries

234: Regulations

You could also call this:

"Rules Made by the Governor-General to Help with Copyright"

Illustration for Copyright Act 1994

The Governor-General can make regulations for many purposes. You need to know what these purposes are. They include prescribing bodies and institutions for certain sections of the Copyright Act. The Governor-General can also make regulations about notices and forms. You must follow these regulations when giving a notice or filling out a form. The regulations can require you to give evidence to support your claim. The Governor-General can make regulations about licensing bodies too. These regulations can cover things like how the licensing body is managed. They can also cover how money is collected and distributed. The Governor-General can authorise the rental of copies of computer programs, sound recordings, and films. They can also regulate the making and use of decoding equipment. You can be fined up to $5,000 if you break these regulations. The Governor-General can prescribe fees for disputes about licensing schemes. They can also make regulations about other matters related to the Copyright Act. These regulations help make sure the Act is followed and administered properly.

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 It might be out of date or be missing some parts.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=DLM347113.

This page was last updated on View changes


Previous

233: Denial of copyright to persons connected with countries not giving adequate protection to New Zealand works, or

"No copyright for people from countries that don't protect New Zealand's work"


Next

235: Transitional provisions and savings, or

"Rules to Help Change to the New Copyright Law"

Part 11Miscellaneous provisions
Other countries

234Regulations

  1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. prescribing a body as a judicial body for the purposes of this Act:
    1. prescribing classes of libraries for the purposes of section 50:
      1. prescribing institutions for the purposes of section 117:
        1. prescribing bodies for the purposes of section 72, 89, 90, 185, 190, or 191:
          1. prescribing classes of communication works for the purposes of section 90 or section 191:
            1. prescribing the form of a notice of infringement for the purposes of section 92D:
              1. prescribing the form, content, procedures, requirements, and any other matters relating to infringement notices:
                1. prescribing the form of notice for challenging an infringement notice:
                  1. prescribing the fee payable by rights owners for applications to the Tribunal under section 122J:
                    1. prescribing the practices and procedures of the Tribunal in relation to determining applications under section 122J:
                      1. prescribing the sum, or a method or methods of calculating the sum, that the Tribunal may order an account holder to pay under section 122O:
                        1. prescribing any matters necessary or desirable in relation to an order, or an application for an order, under section 122P:
                          1. prescribing the rate or rates, or a method or methods for calculating the rate or rates, for the fees that may be charged by IPAPs to rights owners under section 122U:
                            1. prescribing the form in which a notice is to be given under section 136(1):
                              1. prescribing the particulars to be contained in a notice given under section 136(1):
                                1. requiring a person giving a notice under section 136(1), either at the time of giving the notice or subsequently, to furnish evidence in support of the claim that an item is a work in which the person owns the copyright:
                                  1. requiring—to give security or an indemnity, or both, to such persons, of such amount, and on such terms and conditions as may be determined by the chief executive of the New Zealand Customs Service:
                                    1. a person giving a notice under section 136(1), either at the time of giving the notice or subsequently; or
                                      1. a person to whom an item is to be or has been released from detention under section 140(1)
                                      2. providing for exceptions to any requirement to give security or an indemnity imposed by any regulations made under paragraph (i):
                                        1. providing for the disposition of any security given under any regulations made under paragraph (i):
                                          1. providing for the forfeiture to the claimant, by consent, of an item detained under section 140(1):
                                            1. prescribing forms for the purposes of this Act; and those regulations may require—
                                              1. the inclusion in, or attachment to, forms of specified information or documents:
                                                1. forms to be signed by specified persons:
                                                2. imposing requirements in respect of licensing bodies or any specified class or classes of licensing body or any specified licensing body, in relation to all or any of the following matters:
                                                  1. the contents of the constitution or other form of rules of the licensing body or bodies:
                                                    1. the representation of copyright owners in the management of the licensing body or bodies:
                                                      1. the collection, holding, and distribution of money by the licensing body or bodies:
                                                        1. the disclosure of the financial affairs of the licensing body or bodies:
                                                          1. access to, and disclosure of, records held by the licensing body or bodies:
                                                            1. any other matter relating to the conduct or the operation of the licensing body or bodies:
                                                            2. authorising, subject to such conditions as may be specified in the regulations, the rental to the public of copies of—without the consent of the owner of the copyright in the work:
                                                              1. any specified class or classes of computer programs; or
                                                                1. any specified class or classes of sound recordings; or
                                                                  1. any film or specified class or classes of films,—
                                                                  2. regulating the making, importation, sale, hire, or use of decoding equipment:
                                                                    1. prescribing offences in respect of the contravention of or non-compliance with any provision of any regulations made under paragraph (p), and prescribing fines, not exceeding $5,000, that may, on conviction, be imposed in respect of any such offences:
                                                                      1. prescribing fees in relation to licensing scheme disputes before the Tribunal:
                                                                        1. providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
                                                                          Compare
                                                                          • 1962 No 33 ss 29(4), (5), 66
                                                                          Notes
                                                                          • Section 234(d): replaced, on , by section 7 of the Copyright (Marrakesh Treaty Implementation) Amendment Act 2019 (2019 No 43).
                                                                          • Section 234(e): amended, on , by section 96(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                                                                          • Section 234(ea): inserted, on , by section 96(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                                                                          • Section 234(eb): inserted, on , by section 10 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
                                                                          • Section 234(ec): inserted, on , by section 10 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
                                                                          • Section 234(ed): inserted, on , by section 10 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
                                                                          • Section 234(ee): inserted, on , by section 10 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
                                                                          • Section 234(ef): inserted, on , by section 10 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
                                                                          • Section 234(eg): inserted, on , by section 10 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
                                                                          • Section 234(eh): inserted, on , by section 10 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
                                                                          • Section 234(i): amended, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
                                                                          • Section 234(m): substituted, on , by section 14 of the Copyright Amendment Act 2011 (2011 No 72).
                                                                          • Section 234(q): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                                                          • Section 234(qa): inserted, on , by section 21 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).