Copyright Act 1994

Copyright licensing - References with respect to licensing schemes

151: Further reference of scheme to Tribunal

You could also call this:

"Asking the Tribunal to Reconsider a Licensing Scheme"

You can ask the Tribunal to look at a licensing scheme again. This can happen if the Tribunal has already made a decision about the scheme under this section or section 149 or section 150. The scheme's operator, someone who needs a licence, or an organisation representing those people can ask for the scheme to be looked at again. You can only ask the Tribunal to look at the scheme again after a certain time has passed. This time is usually 12 months from the date of the Tribunal's previous decision. If the decision was only for 15 months or less, you can ask the Tribunal to look at it again three months before it expires. The licensing scheme will keep running until the Tribunal makes a decision. The Tribunal will look at the problem and make a decision that it thinks is fair. This decision can confirm the current scheme, change it, or make further changes to it. The Tribunal's decision can be in place forever or for a certain amount of time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346678.

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150: Reference of licensing scheme to Tribunal, or

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

152: Effect of order of Tribunal made on reference, or

"What happens when the Tribunal makes a decision about a licensing scheme"

Part 8Copyright licensing
References with respect to licensing schemes

151Further reference of scheme to Tribunal

Where the Tribunal has on a previous reference of a licensing scheme (whether under this section or section 149 or section 150), made an order with respect to the scheme, then, subject to subsection (2), while the order remains in force,—
the operator of the scheme; or
a person claiming that he or she requires a licence in a case of the description to which the order applies; or
an organisation claiming to be representative of such persons—

Except with the special leave of the Tribunal, a licensing scheme shall not be referred again to the Tribunal under subsection (1) in respect of the same description of cases at a time earlier than—
the end of the period of 12 months from the date of the order on the previous reference; or
if the order was made so as to be in force for 15 months or less, the beginning of the period of 3 months immediately before the expiry of the order,—

A scheme that has been referred to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded.
The Tribunal shall consider the matter in dispute and make such order, either confirming, varying, or further 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.
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 40