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Copyright Act 1994

Enforcement officers - General provisions that apply to powers of entry and search and entry and examination

134R: Compliance with certain provisions may be deferred in certain circumstances

You could also call this:

"Delaying rules to keep someone safe or avoid interfering with an investigation"

Illustration for Copyright Act 1994

You can ask a District Court Judge to delay doing something required by section 134P(4) or (5) or 134Q when you are searching or examining something. You can do this if following the rules would put someone in danger or interfere with an ongoing investigation. The Judge can agree to delay for up to 12 months if they think it is necessary. You can make this request when you first ask for a search warrant or up to 7 days after the warrant is finished. If you are exercising the power of entry and examination, you can make the request up to 7 days after you do this. The Judge will decide whether to delay based on the reasons you give. The Judge can make an order to postpone for a specified period not exceeding 12 months. This means you do not have to follow the rules in section 134P(4) or (5) or 134Q for the time the Judge says. You can only ask for this delay for certain reasons, like keeping someone safe or not interfering with an investigation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4127221.

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134S: Further extension to, or dispensation from, obligation to comply with certain provisions, or

"Asking for more time or to be excused from following certain copyright rules"

Part 6AEnforcement officers
General provisions that apply to powers of entry and search and entry and examination

134RCompliance with certain provisions may be deferred in certain circumstances

  1. A person exercising a power of entry and search or a power of entry and examination may apply to a District Court Judge for an order postponing the obligation to comply with section 134P(4) or (5) (in the case of a power of entry and search) or 134Q on the grounds that compliance would—

  2. endanger the safety of any person; or
    1. prejudice ongoing investigations under this Act or exercises of the power of entry and search or the power of entry and examination on subsequent occasions.

      1. An application may be made under subsection (1),—

      2. in the case of a search warrant, at the time of the initial application or until the expiry of 7 days after the warrant is finally executed; and
        1. in the case of the power of entry and examination, until the expiry of 7 days after the power of entry and examination is exercised.

          1. On an application under subsection (1), the District Court Judge may make an order postponing for a specified period not exceeding 12 months the obligation to comply with section 134P(4) or (5) or 134Q, if the Judge is satisfied on either ground set out in subsection (1).

          Notes
          • Section 134R: inserted, on , by section 6 of the Copyright Amendment Act 2011 (2011 No 72).