Apply online to enforce a file-sharing infringement

How much does it cost to apply to the Copyright Tribunal?

It costs $200 to apply to the tribunal to enforce a file-sharing infringement.

Who can apply?

A copyright owner, their agent, or an authorised representative can make an application to the tribunal.

When it’s time to make an application

An application can’t be made to the tribunal until a rights owner or their agent has issued 3 infringement notices to an internet account holder.

See an overview of this process [PDF, 116 KB]

Time limit

All applications must be received by the tribunal within 35 calendar days (New Zealand Standard Time) after the date on the final notice (the ‘enforcement notice’).

Under the Act, the tribunal has no authority to accept late applications.

If the enforcement notice isn’t challenged

If the rights owner doesn’t receive a challenge to the enforcement notice within 14 days after the date of the enforcement notice, the rights owner can then apply to the tribunal to enforce a file-sharing infringement. The rights owner has up until the close of business on the 35th day to apply.

If the enforcement notice is challenged

If an account holder makes a valid challenge, whether or not it’s rejected, the rights owner can’t apply to the tribunal to enforce a file-sharing infringement until the 28th day after the date of the enforcement notice. The rights owner has up until the close of business on the 35th day to apply.

For example, an enforcement notice is issued on 1 March and:

  • by the close of business on 15 March (14 days later), no challenges have been received. From this date, the rights owner can apply to the tribunal at any time until the close of business on 4 April (the 35th day) or
  • on 15 March (14 days later), a valid challenge is received. The rights owner has until 29 March (28 days after the date of the enforcement notice) to reject the challenge. Even if the challenge is rejected straight away, an application can’t be made to the tribunal until after 29 March but it must be made before the close of business on 4 April (the 35th day).

Information you need before you make an application

Before you begin your application, you should have the following documents:

  • a copy of the enforcement notice
  • a copy of any challenges
  • a copy of any challenge responses
  • evidence that the rights owner is the owner or acts as the agent for the owner of the material in which copyright is alleged to be infringed.

All documents must be in English, in PDF format, and a size of 1MB or less.

How to apply

Only Visa and Mastercard debit or credit cards are accepted to pay the $200 application fee. The fee includes GST.

The application fee is non-refundable.

Applications must be completed and submitted in a single session.

apply online button (external link)

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