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Copyright Act 1994

Copyright Tribunal - Jurisdiction and procedure

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

You could also call this:

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

Illustration for Copyright Act 1994

The Tribunal can stop a proceeding if you have no good reason for taking it. The Tribunal can also stop a proceeding if it will cause problems or delays. You can be stopped from taking a proceeding if it is not a serious case. If you are not at the hearing, the Tribunal can make a decision without you. The Tribunal can also delay the hearing if you are not there. You must be present if the Tribunal says you have to be, or your proceeding can be stopped. The Tribunal has the power to make decisions about proceedings, including stopping or delaying them, as stated in the Tribunals Powers and Procedures Legislation Act 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS135905.

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Part 10Copyright Tribunal
Jurisdiction and procedure

214ATribunal may strike out, determine, or adjourn proceeding

  1. The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—

  2. discloses no reasonable cause of action; or
    1. is likely to cause prejudice or delay; or
      1. is frivolous or vexatious; or
        1. is otherwise an abuse of process.

          1. If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—

          2. if the party is required to be present, strike out the proceeding; or
            1. determine the proceeding in the absence of the party; or
              1. adjourn the hearing.

                Notes
                • Section 214A: inserted, on , by section 15 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).