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Copyright Act 1994

Border protection measures

135A: Detention of items suspected of being pirated copies

You could also call this:

"Stopping Fake Copies at the Border"

Illustration for Copyright Act 1994

You can't bring pirated copies into New Zealand. Customs can stop items they think are pirated. The chief executive must tell the copyright owner and the importer or exporter about the stopped item. This notice helps the copyright owner decide what to do next, like giving a notice under section 136(1). Not telling the owner or importer does not make the stop illegal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS151608.

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Topics:
Intellectual property > CopyrightImport and export > Border control
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135: Definitions, or

"What special words mean in the law"

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135B: Notice, or

"How you get and prove official notices from the government"

Part 7Border protection measures

135ADetention of items suspected of being pirated copies

  1. Any item in the control of the Customs may be detained in the custody of the chief executive or a Customs officer if a Customs officer has reasonable cause to suspect that the item is a pirated copy.

  2. The chief executive must, as soon as is reasonably practicable after the item is detained, take reasonable steps to notify the detention to—

  3. the owner of the copyright (to enable that person to consider whether to give a notice under section 136(1)); and
    1. the importer or exporter from whom the item has been detained, if that person is identified but was not present when the detention took place.

      1. The detention of an item under subsection (1) is not rendered illegal by a failure to serve notice under subsection (2)(a) or (b).

      Notes
      • Section 135A: inserted, on , by section 10 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).