Copyright Act 1994

Copyright Tribunal - Jurisdiction and procedure

223: Stating case for High Court

You could also call this:

"Asking the High Court for its opinion on a law question"

You can ask the High Court for its opinion on a question of law. The Tribunal can do this on its own or when a party to the proceedings asks. The Tribunal tells the parties about its intention to ask the High Court. You get notice of where the case will be filed in the High Court. The parties usually draw up the question together, but the Tribunal helps if they disagree. If the Tribunal asks the High Court on its own, it states and signs the case itself. The High Court deals with the case according to its rules. It hears the question, makes a decision, and sends its opinion back to the Tribunal. The High Court's opinion is based on the case stated by the Tribunal, which includes the facts and questions of law, as seen in the relevant legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346894.

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

Topics:

Crime and justice > Courts and legal help

222A: Power to award interest, or

"Getting extra money for waiting to be paid"

224: Appeal on question of law, or

"Challenging a Tribunal decision about copyright law in the High Court"

Part 10Copyright Tribunal
Jurisdiction and procedure

223Stating case for High Court

The Tribunal may, at any time, before or during the hearing or before delivering its decision, on the application of any party to the proceedings or of its own motion, state a case for the opinion of the High Court on any question of law arising in any proceedings before the Tribunal.
The Tribunal shall give notice to the parties to the proceedings of the Tribunal's intention to state a case under this section, specifying the registry of the High Court in which the case is to be filed.
Except where the Tribunal intends to state the case of its own motion, the question shall be in the form of a special case to be drawn up by the parties to the proceedings, and, if the parties do not agree, to be settled by the Tribunal.
Where the Tribunal intends to state a case of its own motion, it shall itself state and sign a case setting forth the facts and questions of law arising for the determination of the High Court.
Every case stated for the High Court under this section shall be dealt with in accordance with rules of court.
The High Court shall hear and determine any question submitted to it under this section, and shall remit the case with its opinion to the Tribunal.

Compare

1962 No 33 s 47
1993 No 82 s 122