Copyright (General Matters) Regulations 1995 (reprint as at 7 October 2011), New Zealand, WIPO Lex

Main text(s)

English Copyright (General Matters) Regulations 1995 (reprint as at 7 October 2011)

Reprint as at 7 October 2011

Copyright (General Matters) Regulations 1995

(SR 1995/146)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 10th day of July 1995

Present: Her Excellency the Governor-General in Council

Pursuant to section 234 of the Copyright Act 1994, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Contents Page

1 Title and commencement 2 2 Interpretation 2 3 Prescribed judicial bodies for purposes of Act 3

Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. These regulations are administered by the Ministry of Economic Development.

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Regulations 1995 Reprinted as at 7 October 2011

4 Prescribed classes of libraries for purposes of section 50 of Act

5 Prescribed bodies for purposes of section 69 of Act 3 5A Prescribed bodies, broadcasts or cable programmes, for

purposes of section 90 of Act 4

5B Notice to Internet service provider of infringement 5 5BA Form of warrant of appointment of enforcement officer 6 5BB Form of warrant to search place or thing 6 5BC Form of order to produce documents under section 134Y

of Act 6

5BD Form of notice to produce documents concerning goods in control of Customs

5BE Form of notice to appear and answer questions concerning goods in control of Customs

5BF Form of application by Customs officer for order to produce documents

5BG Form of order to produce documents under section 144D of Act

5BH Form of application by Customs officer for search warrant 7 5BI Form of warrant to Customs officer to search place or

thing 7

5C Declaration by qualified person in relation to TPM circumvention device

6 Revocations 8

Schedule 9 Forms relating to enforcement officers and Customs

officers

Regulations 1 Title and commencement (1) These regulationsmay be cited as the Copyright (GeneralMat-

ters) Regulations 1995. (2) These regulations shall come into force on 15 August 1995.

2 Interpretation In these regulations, unless the context otherwise requires,— Act means the Copyright Act 1994 interloan scheme means the scheme of that name jointly administered by the National Library of New Zealand estab-

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Copyright (General Matters) Regulations 1995 r 5

lished by the National Library Act 1965 and the New Zealand Library and Information Association: Te Rau Herenga o Aotearoa Incorporated, a society incorporated under the Incorporated Societies Act 1908.

3 Prescribed judicial bodies for purposes of Act The following bodies are hereby declared to be judicial bodies for the purposes of the Act: (a) the Advertising Standards Complaints Appeal Board

appointed by the Advertising Standards Author- ity Incorporated, a society incorporated under the Incorporated Societies Act 1908:

(b) the Advertising Standards Complaints Board appointed by the Advertising Standards Authority Incorporated, a society incorporated under the Incorporated Societies Act 1908.

4 Prescribed classes of libraries for purposes of section 50 of Act The following classes of library are prescribed classes of li- braries for the purposes of section 50 of the Act: (a) libraries that are members of the interloan scheme: (b) libraries of Crown entities, as that term is defined in

section 2 of the Public Finance Act 1989. Regulation 4: substituted, on 1 November 1998, by regulation 2 of the Copy- right (General Matters) Amendment Regulations 1998 (SR 1998/281).

5 Prescribed bodies for purposes of section 69 of Act The following bodies are hereby declared to be prescribed bodies for the purposes of section 69 of the Act: (a) the Christian Ministries with Disabled Trust, a trust in-

corporated under the Charitable Trusts Act 1957: (ab) the Correspondence School Te Kura ā-Tuhi: (b) NewZealand Radio for the Print Disabled Incorporated,

a society incorporated under the Incorporated Societies Act 1908:

(c) the Royal New Zealand Foundation of the Blind consti- tuted under the Royal New Zealand Foundation of the Blind Act 2002:

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Regulations 1995 Reprinted as at 7 October 2011

(d) the University of Auckland constituted under the University of Auckland Act 1961:

(e) the Wellington Braille Club Incorporated, a society in- corporated under the Incorporated Societies Act 1908.

Regulation 5(a): substituted, on 21 October 1996, by regulation 2 of the Copy- right (General Matters) Regulations 1995, Amendment No 1 (SR 1996/251). Regulation 5(ab): inserted, on 17 January 2008, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2007 (SR 2007/397). Regulation 5(b): substituted, on 21 October 1996, by regulation 2 of the Copy- right (General Matters) Regulations 1995, Amendment No 1 (SR 1996/251). Regulation 5(c): substituted, on 30 April 2003, by section 28(2) of the Royal New Zealand Foundation of the Blind Act 2002 (2002 No 3 (P)). Regulation 5(d) : added, on 21 October 1996, by regulation 2 of the Copyright (General Matters) Regulations 1995, Amendment No 1 (SR 1996/251). Regulation 5(e) : added, on 21 October 1996, by regulation 2 of the Copyright (General Matters) Regulations 1995, Amendment No 1 (SR 1996/251).

5A Prescribed bodies, broadcasts or cable programmes, for purposes of section 90 of Act

(1) The following bodies are prescribed bodies for the purposes of section 90 of the Act: (a) Radio New Zealand Limited: (ab) the National Library of New Zealand: (b) Archives New Zealand (Te Rua Mahara o te

Kāwanatanga): (c) the New Zealand Cartoon Archive Trust: (d) the New Zealand Film Archive: (e) Sound Archives Nga Taonga Korero Limited.

(2) The following classes are prescribed classes of broadcasts or cable programmes for the purposes of section 90 of the Act: (a) broadcasts or cable programmes broadcast or transmit-

ted in New Zealand that— (i) feature New Zealand or New Zealanders; or (ii) are produced or made, in whole or in part, in New

Zealand; or (iii) are produced or made, in whole or in part, by 1 or

more New Zealanders, or that feature 1 or more New Zealand actors, writers, artists, or other par- ticipants; or

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Copyright (General Matters) Regulations 1995 r 5B

(iv) feature a royal event, or a sport played in New Zealand; or

(v) otherwise contain subject matter of particular relevance to New Zealand or New Zealanders:

(b) broadcasts or cable programmes that are broadcast or transmitted in New Zealand during any 24-hour period and that are recorded for that period to establish the programmes and broadcasts that were sent out to New Zealanders on a particular day.

Regulation 5A: inserted, on 1 November 1998, by regulation 3 of the Copyright (General Matters) Amendment Regulations 1998 (SR 1998/281). Regulation 5A(1)(a): substituted, on 15 August 2003, by regulation 3 of the Copyright (General Matters) Amendment Regulations 2003 (SR 2003/162). Regulation 5A(1)(ab): inserted, on 15 August 2003, by regulation 3 of the Copyright (General Matters) Amendment Regulations 2003 (SR 2003/162). Regulation 5A(1)(b): substituted, on 21 April 2005, by section 67(2) of the Public Records Act 2005 (2005 No 40).

5B Notice to Internet service provider of infringement A notice to an Internet service provider under section 92C(3) of the Act must be in the form of a notice that— (a) contains the following information:

(i) the name of the person signing the notice and the name of the copyright owner or the copyright owner’s duly authorised agent (if different from the person signing the notice):

(ii) the contact details of the persons referred to in subparagraph (i), which must include telephone number, postal address, email address, and fax number (if a fax number is available):

(iii) the date and time when the alleged infringement was discovered:

(iv) a description of the specific material that is al- leged to be infringing:

(v) the nature of the alleged infringement: (vi) the online location where the allegedly infringing

material is found; and (b) is signed by—

(i) the copyright owner; or (ii) the copyright owner’s duly authorised agent.

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Regulations 1995 Reprinted as at 7 October 2011

Regulation 5B: inserted, on 31 October 2008, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2008 (SR 2008/352).

5BA Form of warrant of appointment of enforcement officer A warrant of appointment issued to an enforcement officer under section 134B of the Act must be in form 1 of the Sched- ule. Regulation 5BA: inserted, on 7 October 2011, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

5BB Form of warrant to search place or thing A search warrant issued under section 134F of the Act must be in form 2 of the Schedule. Regulation 5BB: inserted, on 7 October 2011, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

5BC Form of order to produce documents under section 134Y of Act An order to produce documents under section 134Y of the Act must be in form 3 of the Schedule. Regulation 5BC: inserted, on 7 October 2011, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

5BD Form of notice to produce documents concerning goods in control of Customs A notice under section 144A of the Act to produce documents concerning goods in the control of Customs must be in form 4 of the Schedule. Regulation 5BD: inserted, on 7 October 2011, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

5BE Form of notice to appear and answer questions concerning goods in control of Customs A notice under section 144B of the Act requiring a person to appear and answer questions concerning goods in the control of Customs must be in form 4 of the Schedule. Regulation 5BE: inserted, on 7 October 2011, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

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Copyright (General Matters) Regulations 1995 r 5C

5BF Form of application by Customs officer for order to produce documents An application by a Customs officer under section 144C of the Act for an order to produce documents under section 144D of the Act must be in form 5 of the Schedule. Regulation 5BF: inserted, on 7 October 2011, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

5BG Form of order to produce documents under section 144D of Act An order to produce documents made under section 144D of the Act must be in form 6 of the Schedule. Regulation 5BG: inserted, on 7 October 2011, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

5BH Form of application by Customs officer for search warrant An application by a Customs officer under section 144F of the Act for a search warrant to be issued under that section must be in form 7 of the Schedule. Regulation 5BH: inserted, on 7 October 2011, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

5BI Form of warrant to Customs officer to search place or thing A search warrant issued to a Customs officer under sec- tion 144F of the Act must be in form 8 of the Schedule. Regulation 5BI: inserted, on 7 October 2011, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

5C Declaration by qualified person in relation to TPM circumvention device A declaration by a qualified person under section 226D(4) of the Act must be in the form of a statement that— (a) contains the following information:

(i) the name of the qualified person: (ii) the contact details of the qualified person, which

must include telephone number, postal address, email address, and fax number (if a fax number is available):

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Regulations 1995 Reprinted as at 7 October 2011

(iii) the basis on which the person making the declar- ation is a qualified person and authorised to make the declaration:

(iv) the name and postal address of the supplier of the TPM circumvention device:

(v) the date of the request for the qualified person to use the TPM circumvention device:

(vi) a description of the purpose for which the use of the TPM circumvention device has been re- quested; and

(b) states that it is the qualified person’s intention to use the TPM circumvention device strictly in accordance with the Act; and

(c) is signed by the qualified person. Regulation 5C: inserted, on 31 October 2008, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2008 (SR 2008/352).

6 Revocations The following regulations are hereby consequentially re- voked: (a) the Copyright (Prescribed Body) (Christian Ministries

with Disabled Trust) Regulations 1995 (SR 1995/95): (b) the Copyright (Prescribed Body) (Royal New Zealand

Foundation for the Blind) Regulations 1995 (SR 1995/42).

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Copyright (General Matters) Regulations 1995 Schedule

Forms relating to enforcement officers and Customs officers

Schedule: added, on 7 October 2011, by regulation 5 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

Form 1 r 5BA Warrant of appointment of enforcement officer

Section 134B, Copyright Act 1994

(Front of warrant) Enforcement officer Warrant of appointment

Full name: Identification number: [Photo of warrant holder] Signature:

(Back of warrant) Warrant of appointment issued under section 134B of the Copyright Act 1994 This is to certify that the person whose name, photograph, and sig- nature appear on this warrant— • is an enforcement officer appointed under section 134A of the

that Act without a search warrant; and • may exercise the other powers conferred on enforcement offi-

cers by that Act.

Date: Signature: Chief executive, Ministry of Economic Development

Schedule form 1: added, on 7 October 2011, by regulation 5 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

Schedule Copyright (General Matters)

Regulations 1995 Reprinted as at 7 October 2011

Form 2 r 5BB Search warrant to enter and search place or thing

Section 134F, Copyright Act 1994 To every enforcement officer appointed under section 134A of the Copyright Act 1994 and every member of the Police 1 I am satisfied, on an application made in accordance with sec-

tions 134G and 134H of the Copyright Act 1994 by [full name of applicant], that, in relation to [specify address or descrip- tion of place or thing that may be entered and searched], there are reasonable grounds for believing that— *(a) an offence against the Copyright Act 1994, namely

[specify offence provision], has been, or is being, com- mitted at that place/committed involving that thing*:

*(b) there is at, in, on, over, or under that place/that thing* some thing that is evidence of an offence against [spe- cify offence provision] of the Copyright Act 1994:

*(c) there is at, in, on, over, or under that place/that thing* some thing that is intended to be used for the purposes of committing an offence against [specify offence pro- vision] of the Copyright Act 1994.

*Select those that apply. 2 This warrant authorises you, pursuant to section 134F of the

thing] at any time that is reasonable in the circum- stances; and

(b) use any assistance that is reasonable in the circum- stances; and

(c) use any force that is reasonable in the circumstances to enter or break open or access any place being searched, or any area within that place, or any thing being searched or thing found; and

(d) seize [describe, in reasonable detail, what may be seized]; and

(e) bring and use in or on the place/thing* searched any equipment, to use any equipment found on the place/thing*, and to extract any electricity from the place/thing* to operate the equipment that is reasonable

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Copyright (General Matters) Regulations 1995 Schedule

Form 2—continued

to use in the circumstances, for the purpose of carrying out the entry and search; and

(f) copy any document, or part of any document, that may lawfully be seized; and

(g) take photographs or sound or video recordings of the place/thing* and of any thing found in that place if you have reasonable grounds to believe that the photographs or sound recordings may be relevant in any proceedings related to the entry and search; and

(h) do the following in a manner and for a duration that is reasonable for the purposes of carrying out the search: (i) secure the place/thing* searched, or any area

within that place/thing*, or any thing found within that place/thing*:

(ii) exclude any person from that place/thing*, or from any areawithin the place/thing*, or give any other reasonable direction to that person if you have reasonable grounds to believe that the per- son will obstruct or hinder the exercise of your powers under this warrant.

*Select one.

3 A person assisting you (other than a member of the Police) is subject to your control and has the power to do any of the following: (a) enter the place/thing* to be searched: (b) while in your company and under your direction, use

reasonable force in respect of any property for the pur- poses of carrying out the entry and search:

(d) seize any thing that you determine may lawfully be seized:

(e) take photographs and sound and video recordings of the place/thing* and things found in the place/thing* if you determine that those things may lawfully be done:

(f) bring in or on to the place/thing* and use any equip- ment, make use of equipment found on the place/thing*,

Schedule Copyright (General Matters)

Regulations 1995 Reprinted as at 7 October 2011

Form 2—continued

or extract electricity from the place/thing* for the pur- poses of operating the equipment that you determine may lawfully be used:

(g) copy any document, or part of a document, that you determine may lawfully be copied.

*Select one.

4 This warrant may be executed [specify period in accordance with section 134I(4)(g) of the Copyright Act 1994] from the date of issue of the warrant.

5 This warrant is subject to the following conditions: [specify any conditions].

6 This warrant may be executed on 1 occasion/[specify number] occasions*. *Select one.

Date: Signature: Name of issuing officer: (District Court Judge/Justice of the Peace/Community Magis- trate/Registrar of a District Court*) *Select one.

Schedule form 2: added, on 7 October 2011, by regulation 5 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

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Copyright (General Matters) Regulations 1995 Schedule

Form 3 r 5BC Order to produce documents Section 134Y, Copyright Act 1994

To [name (full name if known) of person required to produce docu- ment(s)] 1 An application under section 134X of the Copyright Act 1994

for an order requiring you to produce documents under section 134Y of that Act was made to me by [full name of applicant], enforcement officer, on [date].

2 I am satisfied that there are reasonable grounds for believing that you [name (full name if known)] have possession, custody, or control of a document that is/documents that are* evidence of, or may be of significant relevance to the investigation of, an offence against section 131/section 198/section 226C* of the Copyright Act 1994. *Select those that apply.

3 You are required by this order to produce to the enforcement officer named in paragraph 4 the following document that is/documents that are* in your possession, custody, or control: [specify the document or documents to be produced]. *Select one.

4 The document/documents* must be produced to [full name], enforcement officer, at [time] on [day, date] at [place]. *Select one.

5 This order is subject to the following conditions: [specify any conditions].

6 This order to produce documents is made under section 134Y of the Copyright Act 1994.

Date: Signature: (District Court Judge)

Note 1 Under section 2(1) of the Copyright Act 1994, a document

means—

Schedule Copyright (General Matters)

Regulations 1995 Reprinted as at 7 October 2011

Form 3—continued

(a) any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds, or from which symbols, images, or sounds can be derived, and includes— (i) a label, marking, or other writing that identifies

or describes a thing of which it forms a part, or to which it is attached:

(ii) a book, map, plan, graph, or drawing: (iii) a photograph, film, or negative; and

(b) information electronically recorded or stored, and infor- mation derived from that information.

2 The enforcement officer to whom you produce any document for inspection under this order may, under section 134Z of the Copyright Act 1994, do 1 or more of the following: (a) inspect the document: (b) take extracts from the document: (c) make copies of the document.

3 It is an offence against section 134ZA of the Copyright Act 1994 to fail, without reasonable excuse, to comply with an order to produce documents made under section 134Y of that Act. An individual who commits an offence against section 134ZA of the Copyright Act 1994 is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000. A body corporate that commits an offence against section 134ZA of the Copyright Act 1994 is liable to a fine not exceeding $50,000. Schedule form 3: added, on 7 October 2011, by regulation 5 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

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Copyright (General Matters) Regulations 1995 Schedule

Form 4 rr 5BD, 5BE Notice to produce documents/to appear and answer questions/to produce documents and

appear and answer questions* concerning goods in control of Customs

Section 144A/Section 144B/Sections 144A and 144B* Copyright Act 1994

*Select one.

To [name (full name if known) of person required to produce docu- ments/appear and answer questions] 1 A Customs officer believes on reasonable grounds that—

(a) the goods in the control of Customs specified in paragraph 2 have been imported in breach of section 131(1)(b)/section 198(1)(b)/section 226C(1)* of the Copyright Act 1994; and

(b) you imported the specified goods or acted as agent of the person who imported those goods.

*Select those that apply.

2 The goods in the control of Customs are: [set out particulars of the goods to which this notice relates].

3 You are required, at [time] on [day, date] at [place],— *(a) to produce to [full name of Customs officer], Customs

officer, the following document that is/documents that are* in your possession or control that the Customs offi- cer considers relevant to determining whether the goods should be seized under section 144 of the Copyright Act 1994 or released: [specify and, if more than 1, number (a), (b) etc, the document(s) to be produced]:

*(b) to appear and answer questions that [full name of Cus- toms officer], Customs officer, considers relevant to de- termining whether the goods should be seized under section 144 of the Copyright Act 1994 or released.

*Select those that apply.

4 This notice is given under section 144A/section 144B/sections 144A and 144B* of the Copyright Act 1994. *Select one.

Schedule Copyright (General Matters)

Regulations 1995 Reprinted as at 7 October 2011

Form 4—continued

Date: Signature: Chief executive, New Zealand Customs Service

Note *1 Under section 2(1) of the Copyright Act 1994, a document

means— (a) any material, whether or not it is signed or otherwise

authenticated, that bears symbols (including words and figures), images, or sounds, or from which symbols, images, or sounds can be derived, and includes— (i) a label, marking, or other writing that identifies

or describes a thing of which it forms a part, or to which it is attached:

(ii) a book, map, plan, graph, or drawing: (iii) a photograph, film, or negative; and

(b) information electronically recorded or stored, and infor- mation derived from that information.

*Delete if not applicable.

*2 The Customs officer to whom you produce any document for inspection under this notice may, under section 144E of the Copyright Act 1994, do 1 or more of the following: (a) inspect the document: (b) take extracts from the document: (c) copy the document. *Delete if not applicable.

3 It is an offence against section 144I(4) of the Copyright Act 1994— (a) to refuse or fail, without reasonable excuse, to comply

with a notice to produce documents given under section 144A of that Act; or

(b) for a person who is required by a notice given under section 144B of that Act to appear before a Customs officer and to answer questions—

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Copyright (General Matters) Regulations 1995 Schedule

Form 4—continued

(i) to refuse or fail, without reasonable excuse, to appear before a Customs officer in accordance with the notice; or

(ii) to refuse, without reasonable excuse, to answer any question.

An individual who commits an offence against section 144I(4) of the Copyright Act 1994 is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000. A body corporate that commits an offence against section 144I(4) of the Copyright Act 1994 is liable to a fine not exceeding $50,000. Schedule form 4: added, on 7 October 2011, by regulation 5 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

Schedule Copyright (General Matters)

Regulations 1995 Reprinted as at 7 October 2011

Form 5 r 5BF Application by Customs officer for order to

produce documents Section 144C, Copyright Act 1994

To a District Court Judge 1 I, [full name of applicant], Customs officer, by this document

apply on oath for an order under section 144D of the Copy- right Act 1994 that [name (full name if known)] be required to produce for inspection by a Customs officer in accordance with the requirements specified in paragraph 2 the following document that is/documents that are* in that person’s posses- sion, custody, or control: [specify and, if more than 1, number (a), (b), etc, the document(s) sought]. *Select one.

2 The document is/documents are* to be produced to [full name of Customs officer], Customs officer, at [time] on [day, date] at [place]. *Select one.

3 The ground on which the order is sought is that I have rea- sonable grounds to believe that [name (full name if known)] has possession, custody, or control of a document that is/docu- ments that are* evidence of, or may be of significant relevance to the investigation of, an offence against section 131/section 198/section 226C* of the Copyright Act 1994 in respect of im- ported goods. *Select those that apply.

4 The evidence relied on for the purpose of this application is as follows: [set out in reasonable detail, in numbered paragraphs, all relevant information in support of the ground stated in paragraph 3].

Sworn/Affirmed* at [place, date] Before me: [full name, signature] (a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of a District/the High* Court or Justice of the Peace*) *Select one.

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Copyright (General Matters) Regulations 1995 Schedule

Form 5—continued

Schedule form 5: added, on 7 October 2011, by regulation 5 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

Schedule Copyright (General Matters)

Regulations 1995 Reprinted as at 7 October 2011

Form 6 r 5BG Order to produce documents Section 144D, Copyright Act 1994

To [name (full name if known) of person required to produce docu- ment(s)] 1 An application under section 144C of the Copyright Act 1994

for an order requiring you to produce documents under section 144D of that Act was made to me by [full name of applicant], Customs officer, on [date].

3 You are required by this order to produce to the Customs offi- cer named in paragraph 4 the following document that is/docu- ments that are* in your possession, custody, or control: [spe- cify the document or documents to be produced]. *Select one.

4 The document/documents* must be produced for inspection to [full name of Customs officer], Customs officer, at [time] on [day, date] at [place]. *Select one.

5 This order is subject to the following conditions: [specify any conditions].

6 This order to produce documents is made under section 144D of the Copyright Act 1994.

Date: Signature: (District Court Judge)

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Form 6—continued

means— (a) any material, whether or not it is signed or otherwise

or describes a thing of which it forms a part, or to which it is attached:

(ii) a book, map, plan, graph, or drawing: (iii) a photograph, film, or negative; and

(b) information electronically recorded or stored, and infor- mation derived from that information.

2 The Customs officer to whom you produce any document for inspection under this order may, under section 144E of the Copyright Act 1994, do 1 or more of the following: (a) inspect the document: (b) take extracts from the document: (c) make copies of the document.

3 It is an offence against section 144I(4) of the Copyright Act 1994 to fail, without reasonable excuse, to comply with an order to produce documents made under section 144D of that Act. An individual who commits an offence against section 144I(4) of the Copyright Act 1994 is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000. A body corporate that commits an offence against section 144I(4) of the Copyright Act 1994 is liable to a fine not exceeding $50,000. Schedule form 6: added, on 7 October 2011, by regulation 5 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

Schedule Copyright (General Matters)

Regulations 1995 Reprinted as at 7 October 2011

Form 7 r 5BH Application by Customs officer for search

1 I [full name of applicant], Customs officer, apply under section 144F of the Copyright Act 1994 for a search warrant to be issued authorising every Customs officer to enter and search [specify address or description of place or thing] at any time that is reasonable in the circumstances.

2 The ground on which the application is made is that there are reasonable grounds for believing that there is/there are* in, on, over, or under that place/that thing* a thing that is/things that are* evidence of, or of significant relevance to the inves- tigation of, an offence against section 131/section 198/section 226C* in respect of imported goods, namely [describe as spe- cifically as possible the item or items believed to be in, on, over, or under the place or thing]. *Select those that apply.

3 I rely on the following in support of this application: [set out in reasonable detail all relevant information in support of the ground referred to in paragraph 2].

4 The period of time, in accordance with section 134I(4)(g) of the Copyright Act 1994, for which the warrant is sought is: [specify].

5 The number of occasions on which the warrant is sought to be exercised is 1/[specify number]*. *Select one.

6 Omit this paragraph if it does not apply The grounds on which the execution of the warrant on more than 1 occasion is believed to be necessary are: [set out in rea- sonable detail all relevant information concerning the grounds on which execution of the warrant more than once is believed to be necessary].

7 Within the 3 months immediately preceding this application, in respect of [address or description of place or thing to be searched], the following application(s) for a search warrant has/have* been made: [set out the details of any other relevant

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Form 7—continued

application(s) for a search warrant, including the result of that application/those applications]. or Having made reasonable inquiries within the agency in which I am employed/engaged*, I am not aware of any other appli- cation for a search warrant in respect of [address or descrip- tion of place or thing to be searched] being made within the 3 months immediately preceding this application. *Select one.

Date: Signature: (Customs officer)

Schedule form 7: added, on 7 October 2011, by regulation 5 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

Schedule Copyright (General Matters)

Regulations 1995 Reprinted as at 7 October 2011

Form 8 r 5BI Search warrant to enter and search place or thing

Section 144F, Copyright Act 1994 To every Customs officer 1 I am satisfied on an application made in accordance with sec-

tion 144F of the Copyright Act 1994 by [full name of appli- cant], Customs officer, that, in relation to [specify address or description of place or thing that may be entered or searched], there are reasonable grounds to believe that there is in, on, over, or under that place/that thing* some thing that is evi- dence of, or of significant relevance to the investigation of, an offence against section(s) 131/198/226C* of the Copyright Act 1994 in respect of imported goods. *Select those that apply.

2 This warrant authorises you, pursuant to section 144F of the Copyright Act 1994, to— (a) enter and search [address or description of place or

thing] at any time that is reasonable in the circum- stances; and

(b) use any assistance that is reasonable in the circum- stances; and

(c) use any force that is reasonable in the circumstances to enter or break open or access any place being searched, or any area within that place, or any thing being searched or thing found; and

(d) seize [describe, in reasonable detail, what may be seized]; and

(f) copy any document, or part of any document, that may lawfully be seized; and

(g) take photographs or sound or video recordings of the place/thing* and of any thing found in that place if you have reasonable grounds to believe that the photographs

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Form 8—continued

or sound or video recordings may be relevant in any proceedings related to the entry and search; and

(h) do the following in a manner and for a duration that is reasonable for the purposes of carrying out the search: (i) secure the place/thing* searched, or any area

within that place/thing*, or any thing found within that place/thing*:

(ii) exclude any person from that place/thing* or from any area within the place/thing* or give any other reasonable direction to that person if you have reasonable grounds to believe that the person will hinder or obstruct the exercise of your powers under this warrant.

*Select one.

3 A person assisting you is subject to your control and has the power to do any of the following: (a) enter the place/thing* to be searched: (b) while in your company and under your direction, use

reasonable force in respect of any property for the pur- poses of carrying out the entry and search:

(d) seize any thing that you determine may lawfully be seized:

(e) take photographs and sound and video recordings of the place/thing* and things found in the place/thing* if you determine that those things may lawfully be done:

(f) bring in or on to the place/thing* and use any equip- ment, make use of equipment found on the place/thing*, or extract electricity from the place/thing* for the pur- poses of operating the equipment that you determine may lawfully be used:

Reprinted as at 7 October 2011

Form 8—continued

(g) copy any document, or part of a document, that you determine may lawfully be copied.

*Select one.

4 This warrant may be executed [specify period in accordance with section 134I(4)(g) of the Copyright Act 1994] from the date of issue of the warrant.

5 This warrant is subject to the following conditions: [specify any conditions].

6 This warrant may be executed on 1 occasion/[specify number] occasions*. *Select one.

Date: Signature: Name of issuing officer: (District Court Judge/Justice of the Peace/Community Magis- trate/Registrar of a District Court*) *Select one.

Schedule form 8: added, on 7 October 2011, by regulation 5 of the Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340).

Marie Shroff, Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 13 July 1995.

Reprinted as at 7 October 2011

Contents 1 General 2 Status of reprints 3 How reprints are prepared 4 Changes made under section 17C of the Acts and Regulations

Publication Act 1989 5 List of amendments incorporated in this reprint (most recent

first)

Notes

1 General This is a reprint of the Copyright (General Matters) Regula- tions 1995. The reprint incorporates all the amendments to the regulations as at 7 October 2011, as specified in the list of amendments at the end of these notes. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/.

2 Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint. This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin- cipal enactment and its amendments are contained.

3 How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked

Notes Copyright (General Matters)

Regulations 1995 Reprinted as at 7 October 2011

are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted. A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also beenmade since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla- tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint. In outline, the editorial changes made in reprints under the au- thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of

this section” and “of this Act”) • typeface and type size (Times Roman, generally in 11.5

point) • layout of provisions, including:

• indentation • position of section headings (eg, the number and

heading now appear above the section) • format of definitions (eg, the defined term now appears

in bold type, without quotation marks) • format of dates (eg, a date formerly expressed as “the

1st day of January 1999” is now expressed as “1 January 1999”)

Reprinted as at 7 October 2011

• position of the date of assent (it now appears on the front page of each Act)

• punctuation (eg, colons are not used after definitions) • Parts numbered with roman numerals are replaced with

arabic numerals, and all cross-references are changed accordingly

• case and appearance of letters and words, including: • format of headings (eg, headings where each

word formerly appeared with an initial cap- ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

• small capital letters in section and subsection ref- erences are now capital letters

• schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly

• running heads (the information that appears at the top of each page)

• format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).

5 List of amendments incorporated in this reprint (most recent first) Copyright (General Matters) Amendment Regulations 2011 (SR 2011/340) Copyright (General Matters) Amendment Regulations 2008 (SR 2008/352) Copyright (General Matters) Amendment Regulations 2007 (SR 2007/397) Public Records Act 2005 (2005 No 40): section 67(2) Copyright (General Matters) Amendment Regulations 2003 (SR 2003/162) Royal New Zealand Foundation of the Blind Act 2002 (2002 No 3 (P)): section 28(2) Copyright (General Matters) Amendment Regulations 1998 (SR 1998/281) Copyright (General Matters) Regulations 1995, Amendment No 1 (SR 1996/251)

Notes Copyright (General Matters)

Regulations 1995 Reprinted as at 7 October 2011

Wellington, New Zealand: Published under the authority of the New Zealand Government—2011

Copyright (General Matters) Regulations 1995 (reprint as at 7 October 2011), New Zealand

Available Materials