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Copyright Act 1994

Remedies for infringement - Infringing file sharing

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

You could also call this:

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

Illustration for Copyright Act 1994

You cannot apply to the District Court for a suspension order under section 122P, or for an order under section 122Q, until after a certain date. The Governor-General sets this date by Order in Council. You can find out more about what this means by looking at the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976099.

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Part 6Remedies for infringement
Infringing file sharing

122RSuspension orders and orders under section 122Q not available until date set by Order in Council

  1. No person may apply to the District Court for a suspension order under section 122P, or for an order under section 122Q, until after the date set by Order in Council under this section.

  2. The Governor-General may, by Order in Council made on the recommendation of the Minister, set a date after which applications for orders under sections 122P and 122Q may be made.

  3. An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes
  • Section 122R: inserted, on , by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
  • Section 122R(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 122R(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).