Copyright Act 1994

Copyright licensing - Applications with respect to licensing schemes

154: Application for review of order as to entitlement to licence

You could also call this:

"Asking to Reconsider a Licence Decision"

Illustration for Copyright Act 1994

You can ask the Tribunal to review an order about who is entitled to a licence. The Tribunal made this order under section 153. You can do this if you are the operator of the scheme or the original applicant. You need to wait a certain amount of time before you can ask for a review. This is usually 12 months after the order was made. But if the order is due to expire soon, you can ask for a review three months before it expires. The Tribunal will then look at the order again and decide what to do. They will think about what is reasonable based on the licensing scheme or the circumstances. They can choose to keep the order the same or change it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346682.

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Part 8Copyright licensing
Applications with respect to licensing schemes

154Application for review of order as to entitlement to licence

  1. Where the Tribunal has made an order under section 153 that a person is entitled to a licence under a licensing scheme, the operator of the scheme or the original applicant may from time to time apply to the Tribunal to review the order.

  2. Except with the special leave of the Tribunal, an application shall not be made under subsection (1) at a time earlier than—

  3. the end of the period of 12 months from the date of the order, or of the decision on a previous application under this section; or
    1. if the order was made so as to be in force for 15 months or less, or as a result of the decision on a previous application under this section is due to expire within 15 months of that decision, the beginning of the period of 3 months immediately before the expiry date,—
      1. whichever occurs first.

      2. The Tribunal shall on an application for review under this section confirm or vary its order as the Tribunal may determine to be reasonable having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case.