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Copyright Act 1994 No. 143 (as at 07 July 2010), Public Act

§ 26 Crown copyright

(1) Where a work is made by a person employed or engaged by the Crown under a contract of service, a contract of apprenticeship, or a contract for services,—

(a) the work qualifies for copyright notwithstanding section 17(1); and

(b) the Crown is the first owner of any copyright in the work.

(2) Copyright in such a work is referred to in this Act as Crown copyright, notwithstanding that such copyright is assigned to another person.

(3) Crown copyright shall expire,—

(a) in the case of a typographical arrangement of a published edition, at the end of the period of 25 years from the end of the calendar year in which the work is made:

(b) in the case of any other work, at the end of the period of 100 years from the end of the calendar year in which the work is made.

(4) In the case of a work of joint authorship where 1 or more, but not all, of the authors are persons employed or engaged by the Crown under a contract of service, a contract of apprenticeship, or a contract for services, this section applies only in relation to those authors and the copyright existing by virtue of their contribution to the work.

(5) Subject to this section and to any other express provision of this Act, the provisions of this Act apply in relation to Crown copyright as to other copyright.

(6) Subsection (1) applies subject to any agreement to the contrary.

(7) This section is subject to section 27.

• Compare: 1962 No 33 s 52; Copyright, Designs and Patents Act 1988 s 163 (UK)

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§ 27 No copyright in certain works

(1) No copyright exists in any of the following works, whenever those works were made:

(a) any Bill introduced into the House of Representatives:

(b) any Act as defined in section 29 of the Interpretation Act 1999:

(c) any regulations:

(d) any bylaw as defined in section 2 of the Bylaws Act 1910:

(e) the New Zealand Parliamentary Debates:

(f) reports of select committees laid before the House of Representatives:

(g) judgments of any court or tribunal:

(h) reports of Royal commissions, commissions of inquiry, ministerial inquiries, or statutory inquiries.

(1A) No Crown copyright exists in any work, whenever that work was made,—

(a) in which the Crown copyright has not been assigned to another person; and

(b) that is incorporated by reference in a work referred to in subsection (1).

(1B) Except as specified in subsection (1A), nothing in subsection (1) affects copyright in any work that is incorporated by reference in a work referred to in subsection (1).

(2) Subsection (1) shall come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different paragraphs of that subsection.

• Section 27(1): brought into force, on 1 April 2001, by the Copyright Act Commencement Order 2000 (SR 2000/245).
• Section 27(1): amended, on 1 November 1999, pursuant to section 38 of the Interpretation Act 1999 (1999 No 85).
• Section 27(1A): inserted, on 14 April 2005, by section 3 of the Copyright Amendment Act 2005 (2005 No 33).
• Section 27(1B): inserted, on 14 April 2005, by section 3 of the Copyright Amendment Act 2005 (2005 No 33).

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