Copyright Act 1994

Remedies for infringement - Infringing file sharing

122Q: Order requiring IPAP to disclose account holder details

You could also call this:

"Getting account holder details from an internet provider to enforce copyright"

You can ask the District Court for an order to get the name and contact details of an account holder from an IPAP. This happens when you want to apply for an order under section 122P but you do not know who the account holder is. The District Court can make this order if you apply for it and they are satisfied that an enforcement notice was sent to the account holder. You must promise the court that you will only use the account holder's details to get an order under section 122P. The District Court must also be satisfied that the enforcement notice was sent according to the law. The IPAP must give you the account holder's details as soon as possible. The court will consider your application and make a decision based on the information you provide. You need to follow the correct process to get the order. The District Court's decision will depend on the details of your 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 It might be out of date or be missing some parts.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=DLM3976098.

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

Topics:

Intellectual property > CopyrightCrime and justice > Courts and legal helpBusiness > Industry rules

122P: Court order suspending account holder's account, or

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

122R: Suspension orders and orders under section 122Q not available until date set by Order in Council, or

"Some court orders are not available until a date set by the government."

Part 6Remedies for infringement
Infringing file sharing

122QOrder requiring IPAP to disclose account holder details

This section applies if a rights owner wishes to apply for an order under section 122P against an account holder, but does not know the identity of the account holder.
The District Court may make an order requiring an IPAP to disclose to a rights owner, as soon as practicable, the name and contact details of an account holder if—
the rights owner applies to the District Court for an order under this section; and
the District Court is satisfied, on the basis of information included in the application, that an enforcement notice has been sent to the account holder in accordance with this Act in relation to infringements against the rights owner; and
the rights owner has given an undertaking to the court that, if the account holder's details are released to it, it will use that information only for the purpose of seeking and enforcing an order made under section 122P.

Notes

Section 122Q: inserted, on 1 September 2011, by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
Section 122Q(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).