New Zealand Legislation: Regulations

4 New regulations 5B and 5C inserted

• The following regulations are inserted after regulation 5A:

  “5B Notice to Internet service provider of infringement

  • 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.

  “5C Declaration by qualified person in relation to TPM circumvention device

  • 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.”