Copyright Act 1994

Enforcement officers - Provisions relating to things seized

134T: Period things seized may be retained

You could also call this:

"How long police can keep things they take during a copyright investigation"

Illustration for Copyright Act 1994

You can seize things under the Copyright Act 1994. The Commissioner of Police or chief executive can keep these things while they investigate or prosecute an offence. They must follow any court orders under section 134U or section 134W. You get your things back when they are no longer needed for the investigation or prosecution. The Commissioner of Police or chief executive must return them to you if they think you are entitled to them. If the Commissioner of Police or chief executive cannot find you or is unsure who the things belong to, they can ask the court for help. The court can then decide what to do with the things. The court can make any order it thinks is appropriate when the Commissioner of Police or chief executive asks for help. This means the court has the power to decide what happens to the seized things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4127227.

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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"


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134U: Application for order to return things seized, or

"Getting back things that were taken from you"

Part 6AEnforcement officers
Provisions relating to things seized

134TPeriod things seized may be retained

  1. A thing seized under this Act may be retained by the Commissioner of Police or by the chief executive while it is required for the purposes of investigating or prosecuting an offence under this Act.

  2. Subsection (1) is subject to—

  3. any order of the court under section 134U; and
    1. section 134W.
      1. If a thing seized is no longer required for the purposes of investigating or prosecuting an offence under this Act, the Commissioner of Police or chief executive must return it to the person he or she believes is entitled to it.

      2. The Commissioner of Police or chief executive may apply to the court for an order for directions as to the disposal of the thing if—

      3. the person who is entitled to it cannot be found; or
        1. the Commissioner of Police or chief executive is in doubt about who is entitled to it.
          1. On an application under subsection (4), the court may make such order concerning the disposal of the thing that it thinks appropriate in the circumstances.

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