The seriousness of the conduct
Generally, the more serious the conduct, the more likely it is that MBIE will commence an investigation or continue with enforcement action. The key criteria are:
is there repeat offending or a pattern of offending?
is the offending intentional or calculated?
has the alleged offender ignored cease and desist letters or other warnings in the past?
is there an indication of organised crime being involved?
can the breaches be remedied?
has the alleged offender been co-operative and /or attempted to remedy the breaches?
are there any aggravating or mitigating factors?
is a conviction likely to result in a significant penalty?
is the alleged offender a ringleader or organiser of the offence?
Other public interest factors
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.