Copyright Act 1994

Copyright Tribunal - Jurisdiction and procedure

214: Procedure of Tribunal

You could also call this:

"How the Tribunal Makes Decisions and Runs Cases"

Illustration for Copyright Act 1994

When you are involved in a case with the Tribunal, you can choose to appear in person or have a barrister, solicitor, or agent represent you. The Tribunal can also appoint a barrister or solicitor to help with the case. The Tribunal makes decisions based on what most of its members think, but if they cannot agree, the chairperson's decision is the one that counts. You will get a written decision from the Tribunal, and it will explain why they made that decision. The Tribunal can decide how it wants to run its proceedings, as long as it follows the rules of the Act, any regulations, and any practice notes issued under section 224A. The Tribunal will make sure you know what is happening and why, by giving you a written decision with reasons.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346884.

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213: Hearing, or

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


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214A: Tribunal may strike out, determine, or adjourn proceeding, or

"The Tribunal can stop or delay a case if it's not serious or if you're not there."

Part 10Copyright Tribunal
Jurisdiction and procedure

214Procedure of Tribunal

  1. Any party to proceedings before the Tribunal may appear personally or by the party's barrister, solicitor, or agent.

  2. The Tribunal may appoint a barrister or solicitor to appear and be heard in proceedings as counsel assisting the Tribunal.

  3. The decision of the majority of members shall be the decision of the Tribunal.

  4. If the members are equally divided in opinion, the decision of the chairperson is the decision of the Tribunal.

  5. Every decision of the Tribunal shall be in writing and shall state the reasons for the decision.

  6. The Tribunal may regulate its procedures as it sees fit, subject to this Act, any regulations made under it, and any practice notes issued under section 224A.

Compare
  • 1962 No 33 s 43(5)–(8)
Notes
  • Section 214(3A): inserted, on , by section 14(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 214(5): replaced, on , by section 14(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).