Copyright Act 1994

Remedies for infringement - Infringing file sharing

122L: Decisions generally made on papers and without hearing

You could also call this:

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

Illustration for Copyright Act 1994

When you are involved in a case about infringing file sharing, the Tribunal usually makes a decision based on the papers. You or the other party can ask for a hearing, or the Tribunal might decide a hearing is needed. The papers include the application, infringement notices, and any challenges or responses to those notices. The Tribunal looks at the papers and any extra information provided. They also consider submissions from you, as long as you make them on time. The Tribunal can decide how to handle the case, as long as they follow any regulations. The Tribunal tries to keep your identity and contact details private from the rights owner. They only share this information if they order it, or if an order is made against you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976093.

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122K: Notice of proceedings, or

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


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122M: If hearing is held, or

"What happens if there's a hearing about file sharing"

Part 6Remedies for infringement
Infringing file sharing

122LDecisions generally made on papers and without hearing

  1. Proceedings before the Tribunal for an order under section 122O must be determined on the papers unless—

  2. any party to the proceedings requests a hearing; or
    1. the Tribunal considers that a hearing should be held.
      1. The papers on which the proceedings are determined are—

      2. the rights owner's application to the Tribunal; and
        1. copies of the infringement notices sent to the account holder; and
          1. copies of challenges to any infringement notice, and any responses to those challenges; and
            1. any additional information provided by the rights owner; and
              1. any submissions by the account holder made within the time specified by the Tribunal.
                1. The Tribunal may determine its own procedure for determining an application that is dealt with on the papers, subject to any regulations.

                2. The Tribunal must make all reasonable efforts to ensure that, unless it orders otherwise or an order is made against the account holder, the identity and contact details of the account holder are not disclosed to the rights owner.

                Notes
                • Section 122L: inserted, on , by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).