Copyright Act 1994 No 143 (as at 01 December 2008), Public Act

234 Regulations
  • The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

    • (a) Prescribing a body as a judicial body for the purposes of this Act:

    • (b) Prescribing classes of libraries for the purposes of section 50 of this Act:

    • (c) Prescribing institutions for the purposes of section 117 of this Act:

    • (d) Prescribing bodies for the purposes of section 69 or section 72 or section 89 or section 90 or section 185 or section 190 or section 191 of this Act:

    • (e) Prescribing classes of communication works for the purposes of section 90 or section 191 of this Act:

    • (ea) prescribing the form of a notice of infringement for the purposes of section 92D:

    • (f) Prescribing the form in which a notice is to be given under section 136(1) of this Act:

    • (g) Prescribing the particulars to be contained in a notice given under section 136(1) of this Act:

    • (h) Requiring a person giving a notice under section 136(1) of this Act, either at the time of giving the notice or subsequently, to furnish evidence in support of the claim that an item is a work in which the person owns the copyright:

    • (i) Requiring—

      • (i) A person giving a notice under section 136(1) of this Act, either at the time of giving the notice or subsequently; or

      • (ii) A person to whom an item is to be or has been released from detention under section 140(1) of this Act—

      to give security or an indemnity, or both, to such persons, of such amount, and on such terms and conditions as may be determined by the Chief Executive of the New Zealand Customs Service:

    • (j) Providing for exceptions to any requirement to give security or an indemnity imposed by any regulations made under paragraph (i) of this section:

    • (k) Providing for the disposition of any security given under any regulations made under paragraph (i) of this section:

    • (l) Providing for the forfeiture to the claimant, by consent, of an item detained under section 140(1) of this Act:

    • (m) Prescribing a fee for the purposes of section 144(2)(c) of this Act:

    • (n) Imposing requirements in respect of licensing bodies or any specified class or classes of licensing body or any specified licensing body, in relation to all or any of the following matters:

      • (i) The contents of the constitution or other form of rules of the licensing body or bodies:

      • (ii) The representation of copyright owners in the management of the licensing body or bodies:

      • (iii) The collection, holding, and distribution of money by the licensing body or bodies:

      • (iv) The disclosure of the financial affairs of the licensing body or bodies:

      • (v) Access to, and disclosure of, records held by the licensing body or bodies:

      • (vi) Any other matter relating to the conduct or the operation of the licensing body or bodies:

    • (o) Authorising, subject to such conditions as may be specified in the regulations, the rental to the public of copies of—

      • (i) Any specified class or classes of computer programs; or

      • (ii) Any specified class or classes of sound recordings; or

      • (iii) Any film or specified class or classes of films,—

      without the consent of the owner of the copyright in the work:

    • (p) Regulating the making, importation, sale, hire, or use of decoding equipment:

    • (q) Prescribing offences in respect of the contravention of or non-compliance with any provision of any regulations made under paragraph (p) of this section, and prescribing fines, not exceeding $5,000, that may, on summary conviction, be imposed in respect of any such offences:

    • (r) Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

    Compare: 1962 No 33 ss 29(4), (5), 66

    Section 234(e): amended, on 31 October 2008, by section 96(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

    Section 234(ea): inserted, on 31 October 2008, by section 96(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

    Paragraph (i) was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27), by substituting Chief Executive of the New Zealand Customs Service for Comptroller.