As with any enforcement agency, MBIE must have regard to a number of factors in the wider public interest, such as:
whether other available remedies have been exhausted or are not practically available, including civil remedies available to rights holders under the relevant legislation;
whether enforcement is likely to clarify an uncertain area of the law, or otherwise achieve one of MBIE's enforcement objectives;
the potential deterrent effect of a conviction;
the cost-effectiveness of taking prosecution action;
whether the conduct is of a type that MBIE wishes to target;
whether enforcement would accord with the purposes of the legislation, in particular to address counterfeit activity in relation to trade marks and breaches of copyright in New Zealand.