New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint
as at 31 October 2008
(SR 1995/146)
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
These regulations are administered in the Department of Justice.
PURSUANT to section 234 of the Copyright Act 1994, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
(1) These regulations may be cited as the Copyright (General Matters) Regulations 1995.
(2) These regulations shall come into force on the 15th day of August 1995.
In these regulations, unless the context otherwise requires,—
Act means the Copyright Act 1994
Interloan scheme means the scheme of that name jointly administered by the National Library of New Zealand established by the National Library Act 1965 and the New Zealand Library and Information Association: Te Rau Herenga o Aotearoa Incorporated, a society incorporated under the Incorporated Societies Act 1908.
The following bodies are hereby declared to be judicial bodies for the purposes of the Act:
(a) The Advertising Standards Complaints Appeal Board appointed by the Advertising Standards Authority Incorporated, a society incorporated under the Incorporated Societies Act 1908:
(b) The Advertising Standards Complaints Board appointed by the Advertising Standards Authority Incorporated, a society incorporated under the Incorporated Societies Act 1908.
The following classes of library are prescribed classes of library for the purposes of section 50 of the Act:
(a) Libraries that are members of the interloan scheme:
(b) Libraries of Crown entities, as that term is defined in section 2 of the Public Finance Act 1989.
Regulation 4 was substituted, as from 1 November 1998, by regulation 2 Copyright (General Matters) Amendment Regulations 1998 (SR 1998/281).
The following bodies are hereby declared to be prescribed bodies for the purposes of section 69 of the Act:
(a) The Christian Ministries with Disabled Trust, a trust incorporated under the Charitable Trusts Act 1957:
(ab) the Correspondence School Te Kura a-Tuhi:
(b) New Zealand Radio for the Print Disabled Incorporated, a society incorporated under the Incorporated Societies Act 1908:
(c) the Royal New Zealand Foundation of the Blind constituted under the Royal New Zealand Foundation of the Blind Act 2002:
(d) The University of Auckland constituted under the University of Auckland Act 1961:
(e) The Wellington Braille Club Incorporated, a society incorporated under the Incorporated Societies Act 1908.
Regulation 5(ab): inserted, on 17 January 2008, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2007 (SR 2007/397).
Paragraphs (a) and (b) were substituted, as from 21 October 1996, by regulation 2 Copyright (General Matters) Regulations 1995, Amendment No 1 (SR 1996/251).
Paragraph (c) was inserted, as from 21 October 1996, by regulation 2 Copyright (General Matters) Regulations 1995, Amendment No 1 (SR 1996/251).
Paragraph (c) was substituted, as from 30 April 2003, by section 28(2) Royal New Zealand Foundation of the Blind Act (2002 No 3(P)). See clause 2 Royal New Zealand Foundation of the Blind Act Commencement Order 2003 (SR 2003/56) for the commencement provisions.
Paragraphs (d) and (e) were inserted, as from 21 October 1996, by regulation 2 Copyright (General Matters) Regulations 1995, Amendment No 1 (SR 1996/251).
(1) The following bodies are prescribed bodies for the purposes of section 90 of the Act:
(a) Radio New Zealand Limited:
(ab) The National Library of New Zealand:
(b) Archives New Zealand (Te Rua Mahara o to Kawanatanga):
(c) The New Zealand Cartoon Archive Trust:
(d) The New Zealand Film Archive:
(e) Sound Archives Nga Taonga Korero Limited.
(2) The following classes are prescribed classes of broadcasts or cable programmes for the purposes of section 90 of the Act:
(a) Broadcasts or cable programmes broadcast or transmitted in New Zealand that—
(i) Feature New Zealand or New Zealanders; or
(ii) Are produced or made, in whole or in part, in New Zealand; or
(iii) Are produced or made, in whole or in part, by 1 or more New Zealanders, or that feature 1 or more New Zealand actors, writers, artists, or other participants; or
(iv) Feature a royal event, or a sport played in New Zealand; or
(v) Otherwise contain subject-matter of particular relevance to New Zealand or New Zealanders:
(b) Broadcasts or cable programmes that are broadcast or transmitted in New Zealand during any 24-hour period and that are recorded for that period to establish the programmes and broadcasts that were sent out to New Zealanders on a particular day.
Regulation 5A was inserted, as from 1 November 1998, by regulation 3 Copyright (General Matters) Amendment Regulations 1998 (SR 1998/281).
Subclause (1)(a) was substituted, as from 15 August 2003, by regulation 3 Copyright (General Matters) Amendment Regulations 2003 (SR 2003/162).
Subclause (1)(ab) was inserted, as from 15 August 2003, by regulation 3 Copyright (General Matters) Amendment Regulations 2003 (SR 2003/162).
Subsection (1)(b) was substituted, as from 21 April 2005, by section 67(2) Public Records Act 2005 (2005 No 40).
A notice to an Internet service provider under section 92C(3) of the Act must be in the form of a notice that—
(a) contains the following information:
(i) the name of the person signing the notice and the name of the copyright owner or the copyright owner's duly authorised agent (if different from the person signing the notice):
(ii) the contact details of the persons referred to in subparagraph (i), which must include telephone number, postal address, email address, and fax number (if a fax number is available):
(iii) the date and time when the alleged infringement was discovered:
(iv) a description of the specific material that is alleged to be infringing:
(v) the nature of the alleged infringement:
(vi) the online location where the allegedly infringing material is found; and
(b) is signed by—
(i) the copyright owner; or
(ii) the copyright owner's duly authorised agent.
Regulation 5B: inserted, on 31 October 2008, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2008 (SR 2008/352).
A declaration by a qualified person under section 226D(4) of the Act must be in the form of a statement that—
(a) contains the following information:
(i) the name of the qualified person:
(ii) the contact details of the qualified person, which must include telephone number, postal address, email address, and fax number (if a fax number is available):
(iii) the basis on which the person making the declaration is a qualified person and authorised to make the declaration:
(iv) the name and postal address of the supplier of the TPM circumvention device:
(v) the date of the request for the qualified person to use the TPM circumvention device:
(vi) a description of the purpose for which the use of the TPM circumvention device has been requested; and
(b) states that it is the qualified person's intention to use the TPM circumvention device strictly in accordance with the Act; and
(c) is signed by the qualified person.
Regulation 5C: inserted, on 31 October 2008, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2008 (SR 2008/352).
Marie Shroff,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations come into force on 15 August 1995.
Regulation 3 declares the Advertising Standards Complaints Appeal Board and the Advertising Standards Complaints Board to be judicial bodies for the purposes of the Act. The definition of the term judicial proceedings in section 2 of the Act includes proceedings before a body prescribed as a judicial body. Sections 59 and 181 of the Act provide that copyright and performers' rights, respectively, are not infringed by anything done for the purposes of judicial proceedings or for the purposes of reporting such proceedings.
Regulation 4 declares the class of library constituted by libraries that are members of the interloan scheme jointly administered by the National Library and the New Zealand Library and Information Association: Te Rau Herenga o Aotearoa Incorporated to be a class of library for the purposes of section 50 of the Copyright Act 1994. Section 50 defines the term prescribed library. The definition includes a library of any class of library prescribed by regulations, not being a library conducted for profit. Under sections 51 to 56 of the Act, librarians of prescribed libraries may make copies of or from certain copyright works, if the statutory conditions are met, without infringing copyright in those works.
Regulation 5 incorporates in these regulations 2 existing sets of regulations, the Copyright (Prescribed Body) Christian Ministries for Disabled Trust) Regulations 1995 and the Copyright (Prescribed Body) (Royal New Zealand Foundation for the Blind) Regulations 1995. As a consequence, those sets of regulations are revoked by regulation 6.
Date of notification in Gazette: 13 July 1995.
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Copyright (General Matters) Regulations 1995. It incorporates all the amendments to the regulations as at 31 October 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.
This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official”
under “Status of legislation on this site”
in the About section of this website.
Copyright (General Matters) Amendment Regulations 2008 (SR 2008/352)
Copyright (General Matters) Amendment Regulations 2007 (SR 2007/397)
1 SR 1995/95
2 SR 1995/42