Copyright Act 1994

135 Definitions

• In this Part, unless the context otherwise requires,—

  accepted notice means a notice given under section 136(1) that has been accepted by the chief executive under section 136(3)

  chief executive has the meaning given to it by section 2(1) of the Customs and Excise Act 1996

  claimant means a person who gives a notice under section 136(1)

  control of the Customs has the meaning given to it by section 20 of the Customs and Excise Act 1996

  court means the High Court

  Customs means the New Zealand Customs Service

  Customs officer has the meaning given to it in section 2(1) of the Customs and Excise Act 1996

  pirated copy—

  • (a) means any copy of a copyright work that is a literary, dramatic, musical, or artistic work or the typographical arrangement of a published edition or a sound recording or a film, where the copy is made—

    • (i) directly or indirectly from the copyright work; and

    • (ii) without the licence of the person who owns, in the country where the copy is made, the copyright in the work; and

    • (iii) in circumstances in which the making of the copy would, if it had been done in New Zealand, have constituted an infringement of copyright under this Act; and

  • (b) includes any illicit recording within the meaning of section 169, including any illicit recording that is a copyright work sold in a country other than New Zealand by or with the licence of the owner of the copyright in the work in that country; but

  • (c) does not include—

    • (i) any other copyright work sold in a country other than New Zealand by or with the licence of the owner of the copyright in the work in that country; or

    • (ia) any other work that is not an infringing copy within the meaning of section 12; or

    • (ii) [Repealed]

  Section 135 accepted notice: inserted, on 16 September 2011, by section 7 of the Copyright Amendment Act 2011 (2011 No 72).

  Section 135 chief executive: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

  Section 135 collector: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

  Section 135 Comptroller: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

  Section 135 control of the Customs: substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

  Section 135 Customs: inserted, on 16 September 2011, by section 7 of the Copyright Amendment Act 2011 (2011 No 72).

  Section 135 Customs officer: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

  Section 135 officer of Customs: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

  Section 135 pirated copy paragraph (c)(ia): inserted, on 19 May 1998, by section 7 of the Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 (1998 No 20).

  Section 135 pirated copy paragraph (c)(ii): repealed, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).