Copyright Act 1994

Border protection measures - Enforcement powers of Customs officers

144D: Judge may order documents to be produced

You could also call this:

"A judge can order someone to show important papers to help solve a crime."

Illustration for Copyright Act 1994

You can ask a District Court Judge to make someone show documents. The Judge can do this if they think the documents will help investigate a crime against the law, like copying something without permission. The person must show the documents to a Customs officer. The Judge's order must say when and where the documents are to be shown. It must also say which Customs officer will look at the documents. The Judge can add other conditions to the order if they want to. If someone asks the Judge to make this order, the Judge must be satisfied that there are good reasons to believe the person has documents that are important to the investigation. The documents must be related to an offence against the law, such as section 131, 198, or 226C in respect of imported goods. The Judge can make the order if they think it will help the investigation.

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 It might be out of date or be missing some parts.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=DLM4127268.

This page was last updated on View changes


Previous

144C: Customs officer may apply for production order, or

"A Customs officer can ask you to show documents if they think you have information about a crime."


Next

144E: Powers of Customs officer to whom documents produced, or

"What customs officers can do with documents they are shown"

Part 7Border protection measures
Enforcement powers of Customs officers

144DJudge may order documents to be produced

  1. If an application is made under section 144C and the District Court Judge is satisfied that there are reasonable grounds to believe that the person in respect of whom the order is sought has in that person's possession, custody, or control, 1 or more documents that are evidence of, or may be of significant relevance to the investigation of, an offence against section 131, 198, or 226C in respect of imported goods, the District Court Judge may order the person to produce those documents for inspection by a Customs officer.

  2. An order under subsection (1)—

  3. must be in the prescribed form (if any); and
    1. must specify—
      1. when the documents are to be produced for inspection; and
        1. the place where the documents are to be produced for inspection; and
          1. the Customs officer to whom the documents are to be produced for inspection; and
          2. may be subject to any further terms and conditions the District Court Judge thinks fit.
            Notes
            • Section 144D: inserted, on , by section 10 of the Copyright Amendment Act 2011 (2011 No 72).