New Zealand Legislation: Supplementary Order Papers

85 New section 189 substituted

• Section 189 is repealed and the following section substituted:

  “189 Reception and recommunication of communication works

  • “(1) This section applies where:

    • “(a) a communication work is communicated from a place in New Zealand by wireless communication to members of the public or for viewing by members of the public (in this section referred to as the first communication work); and

    • “(b) by reception and immediate recommunication, the first communication work is further communicated (in this section referred to as the further communication work).

    “(2) Where this section applies—

    • “(a) the rights conferred by this Part of this Act in relation to a performance or recording included in the first communication work are not infringed if the first communication work is made for reception throughout New Zealand, or for a communication work that is not made for reception throughout New Zealand if and to the extent that the first communication work is made for reception in the area in which the further communication work is made for reception; and

    • “(b) where the making of the first communication work was an infringement of any right conferred by this Part of this Act, the fact that the first communication work was recommunicated by the further communication work shall be taken into account in assessing the damages for that infringement.

    “(3) For the purposes of this section, a communication work is made for reception—

    • “(a) throughout New Zealand if it is communicated throughout the majority of New Zealand, even if the communication work cannot be received in all parts of New Zealand;

    • “(b) in an area if the communication work is made for reception generally over an area, regardless of whether it can be received at all points in that area.”