Selected year snapshot
For 1999, the active event in this file is Copyright Act 1994 (New Zealand), as applied to Niue via Niue Act 1966, section 686.
100%
Current rationale
As of 2025, the Copyright Act 1994 (NZ) remains in force in Niue by virtue of section 686 of the Niue Act 1966. Section 43 of the Copyright Act 1994 provides fair dealing for purposes of research or private study. This exception covers any dealing (any exclusive right, including reproduction and communication) with any type of work, by any user. This is the most permissive research-relevant exception and maps to GREEN. No TDM-specific exception has been added to the NZ Copyright Act 1994 as of 2025. The library exceptions (ss 51-56) remain in force but are less permissive. The Tāoga Niue Act 2012 deals with cultural heritage and traditional knowledge but does not modify the copyright exceptions applicable to research under the Copyright Act 1994. The fair dealing factors in s 43(2) are proportionality qualifiers and are classification-neutral. Non-commercial restrictions are not present in s 43.
Exceptions considered
Fair dealing with a work for purposes of research or private study does not infringe copyright. Open to any user, any work, any dealing (any exclusive right).
Fair dealing for purposes of criticism, review, and news reporting.
Library and archive copying provisions: copying by librarians for users engaged in research or private study, inter-library supply, etc.
Law changes
Copyright Act 1962 (New Zealand), as applied to Niue via Niue Act 1966, section 686
Baseline · Effective 1967-01-01
100%
Relevant section: Section 686 of the Niue Act 1966; Sections 19, 21 of the Copyright Act 1962 (NZ)
Dates: Effective 1967-01-01 · Enacted 1966-11-25
Why this score
As of 1990-01-01, section 686 of the Niue Act 1966 applied the New Zealand Copyright Act 1962 to Niue. The NZ Copyright Act 1962, section 19, provided for fair dealing for purposes of research or private study, criticism or review, and reporting current events. 'Fair dealing' covers any exclusive right (not only reproduction), applies to any work, and is open to any user. This maps to GREEN. The current text of section 686 as reprinted refers to the Copyright Act 1994 because it was amended on 1 January 1995 when the 1994 Act replaced the 1962 Act, but as of 1990-01-01 the reference was to the Copyright Act 1962. The classification is based on the fair dealing provision for research or private study in the 1962 Act, which was the most permissive research-relevant exception. Non-commercial restrictions and proportionality qualifiers are classification-neutral.
Exceptions considered
Fair dealing with a work for purposes of research or private study. Covers any dealing (any exclusive right) with any work by any user.
Library copying provisions permitting librarians to make copies for research or private study purposes under prescribed conditions.
Original text
686 Copyright Act in force in Niue (1) The Copyright Act 1994 shall be in force in Niue in the same manner in all respects as if Niue were for all purposes part of New Zealand, and the term "New Zealand" as used in that Act shall, both in New Zealand and in Niue, be read as including Niue accordingly. (2) The High Court shall have no jurisdiction in civil proceedings under that Act.
Source links
Copyright Act 1994 (New Zealand), as applied to Niue via Niue Act 1966, section 686
Relevant update · Effective 1995-01-01
100%
Relevant section: Section 686 of the Niue Act 1966; Sections 43, 44, 51, 52, 53, 56 of the Copyright Act 1994 (NZ)
Dates: Effective 1995-01-01 · Enacted 1994-12-15
Why this score
On 1 January 1995, the NZ Copyright Act 1994 replaced the Copyright Act 1962. Section 686(1) of the Niue Act 1966 was amended to refer to the Copyright Act 1994 instead of the 1962 Act. Section 43 of the Copyright Act 1994 provides fair dealing for purposes of research or private study. 'Fair dealing' covers any exclusive right (not only reproduction), applies to all types of works, and is open to any user. This is the most permissive research-relevant exception and maps to GREEN. Additional exceptions exist for libraries (ss 51-56) but are less permissive (PURPLE). The fair dealing factors listed in s 43(2) are proportionality qualifiers and are classification-neutral.
Exceptions considered
Fair dealing with a work for purposes of research or private study does not infringe copyright. Open to any user, any work, any dealing (any exclusive right).
Fair dealing for purposes of criticism, review, and news reporting.
Library and archive copying provisions: copying by librarians for research or private study, supply of copies to other libraries, etc.
Original text
43 Fair dealing for purposes of research or private study (1) Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work. (2) For the purposes of this section, and without limiting the matters to which the court may have regard in determining whether a dealing with a work is a fair dealing for the purposes of research or private study, the matters to which the court shall have regard shall include— (a) the purpose of the copying; and (b) the nature of the work copied; and (c) whether the work could have been obtained within a reasonable time at an ordinary commercial price; and (d) the effect of the copying on the potential market for, or value of, the work; and (e) where part of a work is copied, the amount and substantiality of the part copied taken in relation to the whole work.
Source links
Copyright Act 1994 (New Zealand), as applied to Niue via Niue Act 1966, section 686
Current law confirmation · Effective 1995-01-01
100%
Relevant section: Section 686 of the Niue Act 1966; Section 43 of the Copyright Act 1994 (NZ)
Dates: Effective 1995-01-01 · Enacted 1994-12-15
Why this score
As of 2025, the Copyright Act 1994 (NZ) remains in force in Niue by virtue of section 686 of the Niue Act 1966. Section 43 of the Copyright Act 1994 provides fair dealing for purposes of research or private study. This exception covers any dealing (any exclusive right, including reproduction and communication) with any type of work, by any user. This is the most permissive research-relevant exception and maps to GREEN. No TDM-specific exception has been added to the NZ Copyright Act 1994 as of 2025. The library exceptions (ss 51-56) remain in force but are less permissive. The Tāoga Niue Act 2012 deals with cultural heritage and traditional knowledge but does not modify the copyright exceptions applicable to research under the Copyright Act 1994. The fair dealing factors in s 43(2) are proportionality qualifiers and are classification-neutral. Non-commercial restrictions are not present in s 43.
Exceptions considered
Fair dealing with a work for purposes of research or private study does not infringe copyright. Open to any user, any work, any dealing (any exclusive right).
Fair dealing for purposes of criticism, review, and news reporting.
Library and archive copying provisions: copying by librarians for users engaged in research or private study, inter-library supply, etc.
Original text
43 Fair dealing for purposes of research or private study (1) Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work. (2) For the purposes of this section, and without limiting the matters to which the court may have regard in determining whether a dealing with a work is a fair dealing for the purposes of research or private study, the matters to which the court shall have regard shall include— (a) the purpose of the copying; and (b) the nature of the work copied; and (c) whether the work could have been obtained within a reasonable time at an ordinary commercial price; and (d) the effect of the copying on the potential market for, or value of, the work; and (e) where part of a work is copied, the amount and substantiality of the part copied taken in relation to the whole work.