61 Material open to public inspection or on official register

(1)

Subject to any Order in Council made under subsection (4), where material is open to public inspection or public reference pursuant to a statutory requirement, or is on a statutory register, copyright in the material is not infringed by the copying of the material, by or with the authority of the appropriate person, for a purpose that does not involve the issuing of copies to the public.

(2)

Subject to any Order in Council made under subsection (4), where material is open to public inspection or public reference pursuant to a statutory requirement, copyright is not infringed by the copying or issuing to the public of copies of the material, by or with the authority of the appropriate person, for the purpose of enabling the material to be inspected at a more convenient time or place or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed.

(3)

Subject to any Order in Council made under subsection (4), where material that is open to public inspection or public reference pursuant to a statutory requirement, or that is on a statutory register, contains information about matters of general scientific, technical, commercial, or economic interest, copyright is not infringed by the copying or issuing to the public of copies of the material, by or with the authority of the appropriate person, for the purpose of disseminating that information.

(4)

The Governor-General may from time to time, by Order in Council, provide that all or any of subsections (1) to (3) shall, in such cases as may be specified in the order, apply only to copies marked in such manner as may be so specified.

(5)

The Governor-General may from time to time, by Order in Council, provide that all or any of subsections (1) to (3) apply, to such extent and with such modifications as may be specified in the order, in relation to—

(a)

material made open to public inspection or public reference by—

(i)

an international organisation specified in the order; or

(ii)

a person specified in the order who has functions in New Zealand under an international agreement to which New Zealand is a party; or

(b)

a register maintained by an international organisation specified in the order,—

as those provisions apply in relation to material open to public inspection or public reference pursuant to a statutory requirement or by virtue of being on a statutory register.

(6)

In this section,—

appropriate person means the person required to make the material open to public inspection or public reference or, as the case may be, the person maintaining the register

statutory register means a register maintained pursuant to a statutory requirement

statutory requirement means a requirement imposed by a provision of an enactment.

Compare: 1962 No 33 s 61; Copyright, Designs and Patents Act 1988 ss 47, 49 (UK)