New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Part, unless the context otherwise requires,—
authorisation, in relation to an Internet document, means an authorisation notified under section 31(3)
electronic document means a public document in which information is stored or displayed by means of an electronic recording device, computer, or other electronic medium, and includes an Internet document
Internet document means a public document that is published on the Internet, whether or not there is any restriction on access to the document; and includes the whole or part of a website
make a copy, in relation to an Internet document, means to make a copy of the document for the purpose of storing and using it in accordance with this Part; and includes circumventing any technological protection measures which otherwise would prevent or hinder the copying, storage, or use of the document
printer, in relation to any printed public document, means the owner of the undertaking by which the document is printed or otherwise produced
public document means a document—
(a) of which 1 or more copies (whether or not there is any restriction on members of the public acquiring or accessing the document) are—
(i) issued to the public; or
(ii) available to the public upon request; or
(iii) available to the public on the Internet; and
(b) that is printed or produced by any other means in New Zealand, or is commissioned to be printed or otherwise produced outside New Zealand by a person who is resident in New Zealand or whose principal place of business is in New Zealand; and
(c) in which copyright exists under the Copyright Act 1994 or that is a document of a kind referred to in section 27(1) of that Act; but
(d) does not include—
(i) a public record within the meaning of section 4 of the Public Records Act 2005, except public records made available to the public (for example, public records that have an ISBN or ISSN number); or
(ii) a reprint of a document whose content and form are identical to the content and form of a document already given to the National Librarian under this Act or any previous Act
publication means making publicly available in the manner specified in a requirement, whether or not there is any restriction on the acquisition or use of the document by members of the public
publisher means,—
(a) in relation to a printed public document, the publisher of that document; and
(b) in relation to any other public document other than an Internet document, the person who produced in New Zealand, or commissioned the production outside New Zealand of, the copies of the document issued to, or available on request by, the public; and
(c) in relation to an Internet document, the person who has control over the content of the website, or part of the website, on which the document is located
requirement means a requirement notified by the Minister under section 31(1); and includes—
(a) an authorisation notified under section 31(3); and
(b) an amendment notified under section 31(4)
restriction, in relation to the acquisition, use, or availability of, or access to, a public document of any kind,—
(a) means a physical, technical, or mechanical restriction such as a requirement to pay a fee or price, or to use a password or other requirement that prevents or restricts free public access to the document; but
(b) does not mean any legal restriction recorded in or claimed for the public document.
(2) For the avoidance of doubt, a public document that has been made available on the Internet is the document at a particular time and, if that document is changed in any respect, it becomes a different public document for the purposes of this Part.
Section 29(1) public document paragraph (d)(i): amended, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).
