The Copyright Act 1994 provides legal protection for original works in New Zealand. It is relevant to IT because websites, software, photographs, graphics, videos, music, written content and other digital materials can be protected by copyright. The Act gives copyright owners rights over certain restricted acts such as copying, issuing copies to the public and communicating works to the public (New Zealand Legislation, 2026a).
1. Literary works, which can include written material and computer programs.
2. Artistic works such as drawings, graphics and photographs.
3. Musical works and sound recordings.4 Films and other protected works.
4. Communication works and certain digital content.
Copyright infringement can happen when a person carries out a restricted act without permission and no exception applies. For example, downloading an image from a website and placing it on a business website without permission can create a copyright risk. Copying software or distributing copyrighted digital material without permission can also be infringement.
For example, if a person takes an image from another website and uses it on a business website without permission, this may be copyright infringement. Copying another person’s website design, written content or computer code and presenting it as your own can also create a copyright problem. Sharing paid software, movies, music or other digital files without permission may also infringe copyright.
Copyright infringement can affect both individuals and businesses. A copyright owner may ask for the material to be removed and may take legal action if their work has been used without permission. To reduce the risk, IT users should use their own original content, obtain permission or licences when needed, and check the terms of use before using material found online.
New Zealand uses the concept of fair dealing rather than the broad US concept commonly called fair use. The Copyright Act includes specific permitted acts. For example, fair dealing for criticism or review may not infringe copyright when the legal requirements are met and sufficient acknowledgement is given. There is also a fair dealing exception for research or private study, subject to the factors in section 43 (New Zealand Legislation, 2026b).
1. Web developers should use images, videos, music, code and written content only when they have permission, a suitable license, or a legal exception applies.
2. Developers should keep records of licenses and attribution requirements.
3. Open-source software licenses must be followed because 'free to use' does not mean 'free of conditions'.
4. Businesses should have procedures for removing or responding to infringing material.
5. Digital content should not be copied simply because it is publicly visible online.
Copyright law is important for protecting creative works, but Māori cultural knowledge and traditional knowledge can involve broader cultural and collective interests that do not always fit neatly into conventional individual copyright concepts. IPONZ explains that mātauranga Māori includes knowledge originating from Māori ancestors and includes Māori world views, creativity, cultural practices and Te Reo Māori. New Zealand has specific mechanisms in patent and trademark law that consider Māori interests, but respectful IT practice should also avoid assuming that culturally significant material is available for unrestricted digital reuse.
Seek permission and appropriate guidance before using culturally significant Māori imagery, designs, names or knowledge.
Do not assume that material found online is free for commercial or public reuse.
Consider the cultural context and the people or communities connected with the material.
Use attribution and licensing where required, while recognizing that cultural respect may require more than legal minimums.