IT in New Zealand IT Legal Environment

New Zealand represents the Asian/Pacific region of the world well in terms of their IT legal environment. They have memberships with several worldwide organizations dedicated to internet and DNS regulations, information sharing, protecting privacy, combatting piracy, etc. Some of these organizations are:


WIPO (World Intellectual Property Organization)	ICANN (International Corporation for Assigned Names and Numbers)	Privacy International

ARTICLE XIX, MODEL FREEDOM of INFORMATION LAW, August 2001

"The model law is designed to assist countries that are considering adopting freedom of information laws. The law contains many of the structures and provisions of national acts that are considered effective or innovative at promoting access. According to Article 19, the law is based the "best practices" of laws and pending bills from the UK, South Africa, Canada, Ireland, New Zealand, Nigeria, and India and also includes new provisions developed by Article 19 based on their experiences." 46

"The right to information is guaranteed in international law, including as part of the guarantee of freedom of expression in Article 19 of the International Covenant on Civil and Political Rights. Many countries around the world are now giving legal effect to the right, both by enshrining access to information in their constitutions and by adopting laws which give practical effect to the right, providing concrete processes for its exercise.

A Model Freedom of Information Law (the Law) provides for an enforceable legal right to access information held by public bodies upon submission of a request. Everyone may claim this right, and both information and public bodies are defined broadly. The Law also provides for a more limited right to access information held by private bodies, where this is necessary for the exercise or protection of any right. In this respect, it follows the South African legislation in recognizing that much important information is held by private bodies, and that to exclude them from the ambit of the law would significantly undermine the right to information." 47

PIRACY RATES

In 2001, New Zealand's piracy rate was 26%, which was the lowest piracy rate in the Asia/Pacific region. This region has a history plagued with high piracy rates, however 26% represents a low rate worldwide. For example, in the same year the world piracy rate was approximately 40%; the United States had the lowest piracy rate with 25%; and Vietnam the highest with 94% in 2001. 48 Figure 1 shows dollar losses by region.

Figure 1. Dollar Losses by Region

The piracy rate of New Zealand has steadily decreased each year between 1996 and 2001. Table 1 of BSA's 2002 Piracy Study shows New Zealand losing almost $30 million to retail software piracy in 1996 compared to losing approximately $11.5 million in 2001.

Table 1. Retail Software Revenue Lost to Piracy

NOTEWORTHY NEWS

"The New Zealand Ministry of Justice is preparing the Telecommunications (Interception Capability) Bill that requires Internet Service Providers, mobile phone companies and others to revise their systems within 18 months to make them more easily interceptable by police and intelligence agencies. The government would pay NZ$3 million for the capability." 49

"The Law Reform Commission has issued a study paper recommending that 3rd parties with access to encryption keys provide the keys to the police. Individuals would still not be required to hand over their keys. The regulations are likely to amend the Telecommunications (Residual Powers) Act 1987 which already requires network operators to assist with interception warrants." 50

INTELLECTUAL PROPERTY

While New Zealand has The Intellectual Property Office of New Zealand (IPONZ), this agency appears to register trade marks, patents and designs, but was not very useful in providing information regarding software copyrights.

IPONZ states that "in New Zealand, under the Copyright Act 1994, copyright comes into existence automatically on the completion of any original literary, dramatic, musical and artistic work, sound recording, film broadcast, cable programme and published edition. No registration is necessary (or even possible) nor is any other formality required for securing copyright protection. Copyright in literary, dramatic, musical and artistic works continues for 50 years after the end of the calendar year in which the author died." 51