New Zealand Legislation: Bills

18 Infringement by importation

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

  (2) Section 35(5) is amended by omitting “this Act” and substituting “the Copyright (Parallel Importation of Films and Onus of Proof) Amendment Act 2003”.

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  • “(5) Subsections (3) and (4) are repealed on 31 October 2013.”