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Copyright Act 1994

Copyright Tribunal - Constitution

206: Membership of Tribunal

You could also call this:

"Who is on the Tribunal team that makes decisions about copyright?"

Illustration for Copyright Act 1994

The Tribunal has a chairperson and at least two other people. You can think of the Tribunal like a team that makes decisions. The chairperson is chosen by the Governor-General. The chairperson must be a barrister or solicitor with at least seven years of experience. They are appointed by the Governor-General after the Minister recommends them. The Minister talks to the Minister of Justice before making the recommendation. Other people are appointed to the Tribunal by the Governor-General. The Minister recommends these people for the job. If you are appointed to the Tribunal, you are not considered to be employed by the Crown under the Public Service Act 2020. When we talk about members of the Tribunal, we usually include the chairperson. This is important to remember when reading about the Tribunal's rules. You can find more information about the Public Service Act 2020 on the Public Service Act 2020 website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS106157

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346874.

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Part 10Copyright Tribunal
Constitution

206Membership of Tribunal

  1. The Tribunal consists of a chairperson and at least 2 other persons.

  2. The chairperson of the Tribunal—

  3. shall be appointed as chairperson by the Governor-General on the recommendation of the Minister made after consultation with the Minister of Justice; and
    1. shall be a barrister or solicitor of the High Court of not less than 7 years' practice, whether or not the barrister or solicitor holds or has held judicial office.

      1. The other persons shall be appointed as members of the Tribunal by the Governor-General on the recommendation of the Minister.

      2. No person shall be deemed to be employed in the service of the Crown for the purposes of the Public Service Act 2020 by virtue merely of his or her appointment to the Tribunal.

      3. For the purposes of this Part, except for the reference in subsection (3), a reference to a member or members includes the chairperson.

      Compare
      • 1962 No 33 s 30(1), (2), (7)
      Notes
      • Section 206(1): replaced, on , by section 4(1) of the Copyright Amendment Act 2015 (2015 No 11).
      • Section 206(1): amended, on , by section 8(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
      • Section 206(2)(a): substituted, on , by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
      • Section 206(3): amended, on , by section 4(2) of the Copyright Amendment Act 2015 (2015 No 11).
      • Section 206(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
      • Section 206(5): inserted, on , by section 8(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).