Copyright Act 1994

Performers' rights - Miscellaneous provisions - Offences

201A: Evidence in proceedings

You could also call this:

"What evidence is used in court to decide copyright cases"

You are in court for breaking a copyright rule, like the one in section 198. The court can look at a written statement, called an affidavit, to see if someone has rights to a performance. The court can also use the affidavit to check if someone is allowed to use those rights. You can ask the court to make someone come to court if they gave evidence in a written statement, so you can ask them more questions. The court can then decide if that person needs to come to court to answer more questions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS152222.

This page was last updated on 3 December 2025 — View changes

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Part 9Performers' rights
Miscellaneous provisions: Offences

201AEvidence in proceedings

In proceedings for an offence against section 198, whether by way of a hearing in the first instance or by way of appeal or otherwise, the court may receive an affidavit as evidence of—
the existence of rights conferred by this Part in relation to a performance; and
a person being entitled to exercise those rights.

A party to the proceedings may apply to the court to require a person whose evidence has been given by affidavit to attend the proceedings for the purposes of cross-examination; and the court may make an order accordingly.

Notes

Section 201A: inserted, on 30 December 2018, by section 37 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).