Copyright Act 1994

Copyright Tribunal - Practice notes, procedural information, and publication of decisions

224C: Online publication of final written decisions

You could also call this:

"Tribunal decisions are published online for you to see."

Illustration for Copyright Act 1994

You can see the final written decisions of the Tribunal on an Internet site. The Tribunal must publish these decisions as soon as possible, unless there is a good reason not to. The decision can be published in part if there is a good reason for not publishing the full decision. You might wonder what a good reason is for not publishing a decision. It includes things like a suppression order or a statutory requirement that stops publication. It also includes decisions that are not of much public value, or if publishing the decision would be unfair. A final written decision is one that decides the outcome of a case in the Tribunal. This can be a written decision after a hearing, or a written decision based on papers. The Tribunal must follow certain rules, including section 213(5), when deciding what to publish.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS273482.

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Part 10Copyright Tribunal
Practice notes, procedural information, and publication of decisions

224COnline publication of final written decisions

  1. Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.

  2. A final written decision may be published in part if there is good reason for not publishing the full decision.

  3. Subsections (1) and (2) are subject to section 213(5).

  4. Good reason not to publish a decision, or part of it, includes the following:

  5. non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
    1. the decision falls into a category of decisions that are of limited public value:
      1. taking into account the presumption in subsection (1) in favour of publication, the Tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
        1. In this section, final written decision means a written decision that determines, or substantially determines, the outcome of proceedings in the Tribunal and is either of the following:

        2. a written reserved decision following an oral hearing:
          1. a written decision in any case considered on the papers.
            Notes
            • Section 224C: inserted, on , by section 20 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).