An author who wants to receive payments under the scheme must submit a completed registration form to the chief executive by 1 March in a payment year.

(2)

A New Zealand registered author who wants to receive a payment under the scheme in subsequent payment years must submit confirmation of registration to the chief executive by 1 March in a payment year.

7 Regulation 7 amended (Register for purposes of scheme)

Replace regulation 7(4) to (6) with:

(4)

Confirmation of registration enables a New Zealand registered author to confirm to the chief executive that the author wants their name to be entered in the register for a payment year.

(5)

The author must submit the registration form and confirmation of registration in writing or electronically.

(6)

The chief executive must notify the author when the chief executive accepts, or does not accept, the registration form or confirmation of registration.

(7)

The author has entered their name in the register when the chief executive accepts the author’s registration form or confirmation of registration.

(8)

A New Zealand registered author who wants to amend information on the register must submit notification of the amendments, in writing or electronically, to the chief executive by 1 March in a payment year.

8 Regulation 8 amended (Eligibility criteria for books and New Zealand authors)

In regulation 8(2)(d), replace “enters his or her name in the register” with “first entered their name in the register”.

9 Regulation 9 amended (How New Zealand libraries are to be surveyed or sampled)

In regulation 9(1), replace “New Zealand author who has entered his or her name in the register” with “New Zealand registered author”.

10 Regulation 10 amended (Number of copies)

(1)

Replace regulation 10(1) with:

(1)

Before 18 October in a payment year, the chief executive must notify each New Zealand registered author of the number of copies of the author’s book that has been determined by a survey under regulation 9 to be held in New Zealand libraries for the payment year.

(2)

In regulation 10(3)(a), replace “30 November in that year” with “15 November in that payment year”.

(3)

In regulation 10(4), replace “year” with “payment year”.

11 Regulation 11 amended (Method by which payments under scheme are calculated)

In regulation 11, replace “year” with “payment year” in each place.

12 Regulation 12 amended (Challenges to decisions)

(1)

In regulation 12, replace “year” with “payment year” in each place.

(2)

In regulation 12(3)(a), replace “30 November” with “15 November”.

Rachel Hayward,
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, which come into force on 31 December 2024, amend the Public Lending Right for New Zealand Authors Regulations 2008 (the principal regulations).

These regulations amend the principal regulations to introduce a streamlined process for authors who want to apply to register to receive payments under the public lending right for New Zealand authors scheme (the scheme).

The amendments replace the requirement to submit a registration form annually with a requirement to submit confirmation of registration annually (which will be a less onerous obligation for authors). This change is effected by replacing regulation 6 and amending regulation 7 of the principal regulations and by inserting new regulation 6A into the principal regulations. Consequential amendments are made to regulations 3, 8(2)(d), 9, 10, 11, and 12 of the principal regulations.

These regulations also amend regulation 10(1) of the principal regulations to change the date by which the chief executive of the Department of Internal Affairs (the chief executive) must notify each New Zealand registered author of the number of copies of their book that has been determined for the payment year. The date is changed from 1 November to 18 October.

These regulations also amend regulation 10(3)(a) of the principal regulations to change the date by which an author must contact the chief executive to ask for an investigation of an apparent error in determining the number of copies of their book. The date is changed from 30 November to 15 November.

These regulations also amend regulation 12(3)(a) of the principal regulations to change the date by which an author must contact the chief executive to request an investigation of a decision affecting them that was made in the course of the scheme’s administration. The date is changed from 30 November to 15 November.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 21 November 2024.

These regulations are administered by the Department of Internal Affairs.

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Public Lending Right for New Zealand Authors Amendment Regulations 2024