Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Copyright licensing - References with respect to licensing schemes

150: Reference of licensing scheme to Tribunal

You could also call this:

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

Illustration for Copyright Act 1994

You can take a licensing scheme to the Tribunal if you disagree with the operator. The operator or you can refer the scheme to the Tribunal. The scheme will keep running until the Tribunal makes a decision. You might disagree with the operator about a licence you need. The Tribunal will look at the problem and make a fair decision. The Tribunal can keep the scheme the same or change it. The Tribunal's decision can last forever or for a certain time. They will decide what is fair in your situation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346677.

This page was last updated on — View changes

Topics:
Business > Industry rulesMoney and consumer rights > Consumer protection
Previous

149: Reference of proposed licensing scheme to Tribunal, or

"Asking a Tribunal to Review a Proposed Licensing Scheme"

Next

151: Further reference of scheme to Tribunal, or

"Asking the Tribunal to Reconsider a Licensing Scheme"

Part 8Copyright licensing
References with respect to licensing schemes

150Reference of licensing scheme to Tribunal

  1. If, while a licensing scheme is in operation, a dispute arises between the operator of the scheme and—

  2. a person claiming that he or she requires a licence in a case of a description to which the scheme applies; or
    1. an organisation claiming to be representative of such persons,—
        1. the operator or that person or organisation may refer the scheme, in so far as it relates to cases of that description, to the Tribunal.

      1. A scheme that has been referred to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded.

      2. The Tribunal shall consider the matter in dispute and make such order, either confirming or varying the scheme 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.

      3. The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

      Compare
      • 1962 No 33 s 39(1), (3)–(5)(a)