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Copyright Act 1994

Remedies for infringement - Infringing file sharing

122P: Court order suspending account holder's account

You could also call this:

"Court can suspend your internet for sharing copyrighted files without permission"

Illustration for Copyright Act 1994

The District Court can make an order to suspend your internet account. This order can last up to 6 months. The court can only make this order if you have had an enforcement notice and have shared files that infringe on someone's copyright. The court thinks about how much you need the internet and who used your account to infringe on copyright. They also think about whether it would be unfair to suspend your account. You can only apply to the court for this order if you are the rights owner. You must apply within a month of getting the account holder's details from an IPAP after they get an order under section 122Q(2). The court makes this decision to stop people from sharing files that infringe on copyright. They want to make sure you do not keep sharing files that you are not supposed to share.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976097.

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Part 6Remedies for infringement
Infringing file sharing

122PCourt order suspending account holder's account

  1. The District Court may make a suspension order requiring an IPAP to suspend the Internet account of an account holder.

  2. A suspension order may be for any period up to 6 months.

  3. The court may make an order under this section only if it is satisfied that—

  4. at least 1 enforcement notice has been issued to the account holder in accordance with this Act; and
    1. the account holder has, by way of file sharing (whether as recorded in that enforcement notice or otherwise), infringed the copyright of the rights owner; and
      1. suspension of the account holder's account is justified and appropriate in the circumstances, given the seriousness of the infringing.

        1. When considering the circumstances, and in determining the duration of a proposed suspension, the matters that the court may consider include, but are not limited to,—

        2. the degree of the account holder's reliance on access to the Internet; and
          1. the identity (if known) of the user who engaged in the infringements identified in the notices; and
            1. any other matter that may be specified in regulations; and
              1. whether it would be manifestly unjust to suspend the account holder's account.

                1. An application to the District Court for an order under this section must be made—

                2. by the rights owner whose copyright is alleged to have been infringed; and
                  1. no later than 1 month after the rights owner receives the contact details of an account holder from an IPAP following an order made under section 122Q(2).

                    Notes
                    • Section 122P: inserted, on , by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
                    • Section 122P(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 122P(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).