Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Border protection measures

135C: Release of items

You could also call this:

"Getting your items back if they are no longer being held by the law"

Illustration for Copyright Act 1994

You have an item that is being held under the law. This item is no longer being held if no notice is given about it within three working days. You can find more information about this in section 135A(1) and section 136(1). You are entitled to get your item back if it is no longer being held. The chief executive must give you your item back. You can read about this in section 135A(1). The chief executive can only give you your item back if it is not being held for another reason. You must have met all the legal requirements for importing or exporting the item. You can find more information about this in section 140.

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 It might be out of date or be missing some parts.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=LMS151750.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
Previous

135B: Notice, or

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

Next

136: Notice may be given to chief executive, or

"Telling the chief executive about copyright infringement"

Part 7Border protection measures

135CRelease of items

  1. The item is no longer detained under section 135A(1) if—

  2. no notice under section 136(1) is given in respect of the item within 3 working days after the date on which the notice was given under section 135A(2)(a); or
    1. a notice under section 136(1) is given in respect of the item within 3 working days after the date on which the notice was given under section 135A(2)(a) and—
      1. the notice given under section 136(1) is subsequently accepted under section 136(3) and the item is subsequently detained under section 140; or
        1. the notice given under section 136(1) is subsequently declined under section 136(3); or
        2. the chief executive considers that it is not reasonably practicable for notice to be given under section 135A(2)(a); or
          1. the chief executive considers that there is no longer a reason to detain the item.

            1. The chief executive must release any item no longer detained under section 135A(1) to the person entitled to it.

            2. However, the chief executive may release an item under subsection (2) only if the item is not detained under section 140 and if—

            3. any other legal requirements as to importation or exportation of the item are satisfied; and
              1. any requirements, made pursuant to any regulations made under this Act, requiring the deposit of a security have been satisfied; and
                1. the release of the item is not otherwise contrary to law.

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