Copyright Act 1994

Remedies for infringement - Infringing file sharing

122M: If hearing is held

You could also call this:

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

If you are involved in a hearing about infringing file sharing, sections 211 to 224 apply, except for sections 213(2) and 214(1). You can appear personally and be heard at the hearing. You can also be represented by someone else in certain situations, such as if you are a company or a minor. You can be represented by an officer or employee if you are a corporation. If you are jointly liable with someone else, one of you can represent the others. A partnership can be represented by an employee. A minor or someone with a disability can be represented by another person. The Tribunal can also allow you to be represented by someone else if you have a good reason for not being able to appear in person. Your representative cannot be a lawyer unless the Tribunal says it is okay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976094.

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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."

122N: Infringement notice as evidence of copyright infringement, or

"A notice that says you broke copyright rules is used as proof, but you can dispute it."

Part 6Remedies for infringement
Infringing file sharing

122MIf hearing is held

If a hearing is held, sections 211 to 224 apply, other than sections 213(2) and 214(1).
Every party to the proceedings may appear personally and be heard.
A party may not be represented at a hearing by a representative, except as follows:
a corporation or unincorporated body of persons may be represented by an officer, employee, or member of the corporation or body, or a person who holds a majority interest in it:
a person jointly liable or entitled with another or others may be represented by one of the persons jointly liable or entitled:
a partnership may be represented by an employee of a partnership:
a minor, or a person under a disability, may be represented by another person:
if the Tribunal is satisfied that, for sufficient cause, a party is unable to appear in person or is unable to present his or her case adequately, the party may be represented by a representative approved by the Tribunal:
if it appears to the Tribunal to be proper in all the circumstances to allow the party to be represented, the party may be represented by a representative approved by the Tribunal.

A representative may not be a lawyer, unless the Tribunal gives leave.

Notes

Section 122M: inserted, on 1 September 2011, by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).