Public Lending Right for New Zealand Authors Amendment Regulations 2012

2012/100

Coat of Arms of New Zealand

Public Lending Right for New Zealand Authors Amendment Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 28th day of May 2012

Present:
His Excellency the Governor-General in Council

Pursuant to section 16 of the Public Lending Right for New Zealand Authors Act 2008, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Public Lending Right for New Zealand Authors Amendment Regulations 2012.

2 Commencement
  • These regulations come into force on 1 January 2013.

3 Principal regulations
4 Regulation 2 replaced (Commencement)
  • Replace regulation 2 with:

    2 Commencement
    • These regulations come into force on 1 January 2009.

5 Regulation 3 replaced (Interpretation)
  • Replace regulation 3 with:

    3 Interpretation
    • In these regulations, unless the context requires another meaning,—

      Act means the Public Lending Right for New Zealand Authors Act 2008

      illustration includes a photograph

      Statistician has the meaning given to it by section 2 of the Statistics Act 1975.

6 Regulation 4 amended (Meaning of book)
  • (1) Replace regulation 4(2) with:

    • (2) A book that is intended for children must contain at least 24 pages of text or text and illustrations.

    (2) Replace regulation 4(7) and (8) with:

    • (7) A book that is a translation must comply with whichever of subclauses (2) to (6) applies to it.

7 Regulation 8 amended (Eligibility criteria for books and New Zealand authors)
  • (1) In regulation 8(1)(b), replace (4) with (5).

    (2) In regulation 8(2)(a), replace regulation 10 with a survey under regulation 9.

    (3) Replace regulation 8(4) with:

    • (4) Subclause (5) applies if the author's work is in a publication that—

      • (a) has an editor; and

      • (b) consists of works that—

        • (i) are written; and

        • (ii) are written by more than 1 author; and

        • (iii) may be fiction or non-fiction; and

        • (iv) may or may not contain illustrations.

    • (5) The author—

      • (a) must be the editor of the publication; and

      • (b) must have written at least 48 of the pages in the publication.

8 Regulation 9 replaced (How New Zealand libraries are to be surveyed or sampled)
  • Replace regulation 9 with:

    9 How New Zealand libraries are to be surveyed or sampled
    • (1) The number of copies of a book that is by a New Zealand author who has entered his or her name in the register and that is held by 1 or more New Zealand libraries must be determined by regular surveys of New Zealand libraries.

      (2) The surveys may be of—

      • (a) samples of New Zealand libraries; or

      • (b) all New Zealand libraries.

      (3) The chief executive must do the surveys in accordance with the advice of the Statistician on—

      • (a) how often to do the surveys; and

      • (b) the design of the surveys.

      (4) If a book is published in more than one volume because of its size, a survey must count it as a single book.

      (5) If a book is published in more than one volume because each volume contains a different component, a survey must count each volume as a separate book.

      (6) Subclause (7) applies to a book that has been included in 3 consecutive surveys and has not shown in any of the surveys as being held in 1 or more New Zealand libraries in at least 50 copies.

      (7) The book may be included in a survey again only if an investigation under regulation 12(3) establishes that there is a good reason for including the book in a survey again.

9 Regulation 10 revoked (Number of copies)
10 Regulation 11 amended (Method by which payments under scheme are calculated)
  • (1) In regulation 11(2)(a), replace regulation 10 with a survey under regulation 9.

    (2) Replace regulation 11(3)(b) with:

    • (b) total number of copies means the total number of copies of books for which New Zealand authors are entitled to payments in the year, determined by a survey under regulation 9.

11 Regulation 12 amended (Challenges to decisions)

 Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations refine the administration of the public lending right for New Zealand authors scheme. They come into force on 1 January 2013.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 31 May 2012.

These regulations are administered by the Department of Internal Affairs.