New Zealand Legislation: Acts

19 Infringement by importation

• (1) Section 35(1)(c) is amended by omitting “or” and substituting “and”.

  (2) Section 35 is amended by repealing subsections (3) to (5) and substituting the following subsections:

  • “(3) A person also infringes copyright in a film to which subsection (6) applies if that person—

    • “(a) imports a copy of the film into New Zealand within 9 months of first being made available to the public; and

    • “(b) knows or has reason to believe that the film is imported into New Zealand within 9 months of first being made available to the public; and

    • “(c) is not the licensee of the copyright in New Zealand; and

    • “(d) imports the film into New Zealand other than for that person’s private and domestic use.

  • “(4) For the purposes of subsection (3), a film is first made available to the public (as set out in section 23(2)) by any authorised act whether in New Zealand or elsewhere.

  • “(5) Subsections (3) and (4) are repealed on 31 October 2013.”