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Copyright Act 1994

Remedies for infringement - Infringing file sharing

122K: Notice of proceedings

You could also call this:

"The Tribunal informs you about a case using an approved form, so you know what's happening and can respond."

Illustration for Copyright Act 1994

The Tribunal tells you and other parties about the case. They use a special form that the Ministry of Justice approves. You get to know what the case is about. The notice says what the rights owner is complaining about and how much money they want. It also tells you that you can give your side of the story and ask for a hearing. When the Tribunal hears a case about file sharing, the people involved are the rights owner, you as the account holder, and anyone else the Tribunal says should be part of the case. The Tribunal follows rules, like those in section 122O and section 212(2), to decide who is part of the case and what happens next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976092.

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122J: Application to Tribunal, or

"Apply to the Tribunal to Enforce Your Copyright"

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122L: Decisions generally made on papers and without hearing, or

"The Tribunal usually makes decisions based on papers, not a hearing."

Part 6Remedies for infringement
Infringing file sharing

122KNotice of proceedings

  1. The Tribunal must give notice of the proceedings, in a form approved by the chief executive of the Ministry of Justice after consultation with the chairperson of the Tribunal, to the account holder and any parties that the Tribunal directs to be joined.

  2. The notice of proceedings must—

  3. identify all the infringements in relation to which the rights owner seeks an order; and
    1. specify the amount sought; and
      1. set out the account holder's right to make submissions and request a hearing.

        1. The parties to proceedings before the Tribunal for an order under section 122O are—

        2. the applicant rights owner; and
          1. the account holder identified in the enforcement notice; and
            1. any other party that the Tribunal directs be added as a party in accordance with section 212(2).

              Notes
              • Section 122K: inserted, on , by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
              • Section 122K(1): amended, on , by section 7 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).