Copyright Act 1994

Copyright Tribunal - Jurisdiction and procedure

213: Hearing

You could also call this:

"A hearing is when the Tribunal meets to discuss a case and make a decision."

The Tribunal sets a time and place for a hearing. You get a notice with the details. The Tribunal has at least three members at a hearing, except for some smaller matters. The hearing is usually open to the public, but can be private if needed. The Tribunal can stop people from sharing reports about the hearing. If you break this rule, you might get a fine of up to $3,000. The Tribunal can move the hearing to a different time or place if needed. The Tribunal can also decide a case without a hearing, as long as you get a chance to comment. The hearing can be done over the phone or by video if the Tribunal thinks it's a good idea and the technology is available. The Tribunal must follow some rules, except as provided in section 122L.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346883.

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

Topics:

Crime and justice > Courts and legal help

212: Parties to proceedings, or

"Who is involved in a copyright case"

214: Procedure of Tribunal, or

"How the Tribunal Makes Decisions and Runs Cases"

Part 10Copyright Tribunal
Jurisdiction and procedure

213Hearing

The Tribunal shall fix a time and place for the hearing of proceedings and shall cause notice to be given to the parties of the time and place so fixed.
No sitting of the Tribunal shall take place, except for the purposes of interlocutory or other ancillary matters, unless at least 3 members are present.
Every sitting of the Tribunal shall be held in such place as the Tribunal deems convenient.
Every sitting of the Tribunal shall be held in public unless the Tribunal in any particular case, having regard to the interests of the parties and of all other persons concerned, considers that the sitting or any part of it should be held in private.
The Tribunal may make an order prohibiting the publication of any report or description of the proceedings or of any part of the proceedings.
Every person commits an offence and is liable on conviction to a fine not exceeding $3,000 who acts in contravention of any order made by the Tribunal under subsection (5).
Any sitting of the Tribunal may be adjourned from time to time and from place to place.
Despite anything in this Act to the contrary and except as provided in section 122L, the Tribunal may determine a proceeding on the papers if the Tribunal considers it appropriate.
Before doing so, the Tribunal must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the chairperson or the Tribunal considers it appropriate and the necessary facilities are available.

Compare

1962 No 33 s 43(1)–(4)

Notes

Section 213 heading: replaced, on 14 November 2018, by section 13(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 213(2): amended, on 1 September 2011, by section 9 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
Section 213(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 213(8): inserted, on 14 November 2018, by section 13(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 213(9): inserted, on 14 November 2018, by section 13(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 213(10): inserted, on 14 November 2018, by section 13(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).