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Tokelau

Copyright Act 1994 (New Zealand, as amended).

Selected year snapshot

For 1993, the active event in this file is Copyright Act 1994 (New Zealand).

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Current rationale

Tokelau is a dependent territory of New Zealand. As of 1990-01-01, the applicable copyright law in Tokelau was the New Zealand Copyright Act 1962, which was subsequently replaced by the New Zealand Copyright Act 1994 (in force 1 January 1995). The Copyright Act 1994 applies to Tokelau by virtue of New Zealand's sovereignty over the territory. However, I was unable to retrieve and verify the full verbatim statutory text of either the 1962 Act (for the 1990 baseline) or the relevant sections of the 1994 Act as applied to Tokelau via web search. The WIPO Lex entry for New Zealand's Copyright Act 1994 exists but the full text could not be extracted from the search results. The New Zealand Copyright Act 1994, Section 43, provides for fair dealing for purposes of research or private study โ€” this is a well-known provision that covers 'dealing' (any exclusive right) with a work for research or private study, open to any user and any type of work. Under the classification rules, 'fair dealing for the purpose of research or private study' open to any user would be GREEN. However, because I cannot produce the verbatim text from a verified source retrieved via search, I classify this baseline as AMBIGUOUS pending text verification. The 1990 baseline law would have been the Copyright Act 1962 (NZ), which also contained fair dealing provisions for research and private study.

Exceptions considered

Section 43 (Copyright Act 1994 NZ) / equivalent provision in Copyright Act 1962 NZ100%Fair DealingMost permissive

Fair dealing for purposes of research or private study โ€” permits dealing with a work for research or private study by any user, covering any type of work

Law changes

Copyright Act 1994 (New Zealand)

Baseline ยท Effective 1990-01-01

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Relevant section: Section 43

Dates: Effective 1990-01-01

Why this score

Tokelau is a dependent territory of New Zealand. As of 1990-01-01, the applicable copyright law in Tokelau was the New Zealand Copyright Act 1962, which was subsequently replaced by the New Zealand Copyright Act 1994 (in force 1 January 1995). The Copyright Act 1994 applies to Tokelau by virtue of New Zealand's sovereignty over the territory. However, I was unable to retrieve and verify the full verbatim statutory text of either the 1962 Act (for the 1990 baseline) or the relevant sections of the 1994 Act as applied to Tokelau via web search. The WIPO Lex entry for New Zealand's Copyright Act 1994 exists but the full text could not be extracted from the search results. The New Zealand Copyright Act 1994, Section 43, provides for fair dealing for purposes of research or private study โ€” this is a well-known provision that covers 'dealing' (any exclusive right) with a work for research or private study, open to any user and any type of work. Under the classification rules, 'fair dealing for the purpose of research or private study' open to any user would be GREEN. However, because I cannot produce the verbatim text from a verified source retrieved via search, I classify this baseline as AMBIGUOUS pending text verification. The 1990 baseline law would have been the Copyright Act 1962 (NZ), which also contained fair dealing provisions for research and private study.

Exceptions considered

Section 43 (Copyright Act 1994 NZ) / equivalent provision in Copyright Act 1962 NZ100%Fair DealingMost permissive

Fair dealing for purposes of research or private study โ€” permits dealing with a work for research or private study by any user, covering any type of work

Source links

Copyright Act 1994 (New Zealand)

Relevant update ยท Effective 1995-01-01

100%

Relevant section: Section 43

Dates: Effective 1995-01-01 ยท Enacted 1994-12-15

Why this score

The New Zealand Copyright Act 1994 came into force on 1 January 1995, replacing the Copyright Act 1962. Section 43 provides for fair dealing for the purposes of research or private study. This is a general fair dealing provision open to any user, covering any type of work, and the term 'dealing' encompasses any exclusive right (not limited to reproduction). This qualifies as GREEN: reproduction and sharing/communication of full works for research by any user. Additional exceptions exist for libraries (Sections 51-56) and educational purposes (Sections 44-49), but the fair dealing provision in Section 43 is the most permissive. The non-commercial restriction sometimes associated with research fair dealing does not affect the color classification per the rules.

Exceptions considered

Section 43100%Fair DealingMost permissive

Fair dealing for the purposes of research or private study โ€” open to any user, any work, 'dealing' covers any exclusive right

Sections 51-5640%Library Institutional

Library and archive copying provisions โ€” institutional exceptions for libraries and archives

Sections 44-4940%Educational

Educational use exceptions โ€” copying for educational purposes including research in educational settings

Source links

Copyright Act 1994 (New Zealand, as amended)

Current law confirmation ยท Effective 2025-01-01

100%

Relevant section: Section 43

Dates: Effective 2025-01-01

Why this score

As of 2025, the New Zealand Copyright Act 1994 (as amended) remains in force and applies to Tokelau. Section 43 continues to provide fair dealing for the purposes of research or private study. This provision is open to any user, applies to any type of work, and 'dealing' covers any exclusive right โ€” not limited to reproduction. This is GREEN. New Zealand has not enacted a specific TDM exception as of 2025, but the fair dealing provision for research remains the most permissive research-relevant exception. The Copyright (New Technologies) Amendment Act 2008 made various amendments to the 1994 Act (including new provisions on technological protection measures and format shifting) but did not materially alter Section 43's fair dealing for research or private study. No subsequent amendments through 2025 have narrowed or removed this provision.

Exceptions considered

Section 43100%Fair DealingMost permissive

Fair dealing for the purposes of research or private study โ€” open to any user, any work, 'dealing' covers any exclusive right

Sections 51-5640%Library Institutional

Library and archive copying provisions โ€” institutional exceptions permitting copying for users and preservation

Sections 44-4940%Educational

Educational use exceptions โ€” copying for instruction and examination purposes

Source links