Copyright Act 1994

Copyright licensing - References with respect to licensing schemes

149: Reference of proposed licensing scheme to Tribunal

You could also call this:

"Asking a Tribunal to Review a Proposed Licensing Scheme"

You can refer a proposed licensing scheme to the Tribunal. This happens when a licensing body wants to operate a scheme. The scheme must apply to lots of people or certain cases. You can refer the scheme if you are the operator or a group that needs licences. The Tribunal decides if it will consider the reference. It can decline if the reference is too early. If the Tribunal considers the reference, it looks at the scheme and makes an order. The order can confirm or change the scheme. It can apply to all cases or just some. The order can last forever or for a certain time. The Tribunal decides what is reasonable in the circumstances. It makes the order based on what it thinks is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346676.

This page was last updated on 3 December 2025 — View changes

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148: Licensing schemes to which sections 149 to 155 apply, or

"Rules for Licensing Schemes that Let You Use Copyrighted Works"

150: Reference of licensing scheme to Tribunal, or

"Disagreeing with a licensing scheme: taking it to the Tribunal for a fair decision"

Part 8Copyright licensing
References with respect to licensing schemes

149Reference of proposed licensing scheme to Tribunal

The terms of a licensing scheme that—
is proposed to be operated by a licensing body; and
is proposed to apply generally or in relation to any description of cases—
the operator of the proposed scheme; or
an organisation claiming to be representative of persons claiming that they require licences in cases of a description to which the scheme would apply.

The Tribunal shall first decide whether to entertain the reference and may decline to do so on the ground that the reference is premature.
If the Tribunal decides to entertain the reference, it shall consider the matter referred and make such order, either confirming or varying the proposed scheme, either generally or so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.
The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.