How you can be heard
Regulations 122, 125, 126 and 127
After all the evidential steps in the proceeding are completed, you will need to decide how you wish to be heard.
Your options are:
(a) On the papers already filed (no hearing fee).
- Parties choosing this option are not required to do anything further and will be notified through the case management system when the Assistant Commissioner has decided the case.
(b) By filing written submissions to be considered by the Assistant Commissioner hearing the case (hearing fee required).
- Parties choosing this option will be set a task through the case management system to file their written submissions.
- Payment of the hearing fee is due at the time of filing the written submissions. 1
(c) By attendance at a hearing in person before the Assistant Commissioner (hearing fee required).
- Parties choosing this option will be notified of a hearing date no less than one month in advance.
- A task will be set to file hearing submissions prior to the hearing date.
- Payment of the hearing fee is due 10 working days before the hearing date. 2
See fees for more information.
Once the parties have confirmed how they wish to be heard, IPONZ will notify both parties of their respective elections.
IPONZ supports incorporating Māori tikanga as part of the hearing process. If both or one of the parties wish to have Māori tikanga as part of the proceeding then advance notice should be given in order to ensure that necessary preparations can be made.
As a guideline, the process adopted by the Commissioner will usually be:
- Welcome and karakia;
- Assistant Commissioner and Hearings Case Officer mihi:
- Opponent’s counsel and representatives introduce themselves with their mihi;
- Applicant’s counsel and representatives introduce themselves with their mihi;
- The hearing will run its usual course;
- Hearing conclusion and closing karakia.
Te Reo Māori is an official language of New Zealand. IPONZ supports the use of Māori language and is open to it being used in hearings.
Hearing dates are final once scheduled
Hearing dates are set by the Hearings Office having regard to a number of considerations such as the availability of the Assistant Commissioner hearing the case. When a hearing date is set down, it should be considered final.
While the Hearings Office will endeavour to accommodate the availability of the parties' counsel where possible, this will not determine the hearing date. Parties are responsible for ensuring they are able to attend the hearing.
In certain circumstances, such as hearings on the papers or by written submissions only, the Office may set down the hearing date without prior consultation.
Hearings will only be rescheduled in the case of exceptional circumstances. Requests for rescheduling of a hearing must be made in writing via the case management system and as soon as possible before the hearing.
Hearings by attendance are held either:
- In Wellington; or
- By video-conference.
The following types of hearings are held solely via video-conference 3 :
- Examination / ex-parte hearings; and
- Interlocutory hearings.
All other hearings will be scheduled in Wellington at MBIE’s head office at 15 Stout Street. However, parties can request to attend via video-conference.
Consequences of failing to pay the hearing fee, or file submissions, on time
A party who fails to pay their hearing fee and/or file submissions by the relevant deadlines will forfeit their right to appear at the hearing or make submissions for the hearing. IPONZ will not vacate the hearing, and reschedule it for a later date, in these circumstances.
Changing how a party wishes to be heard
If a party wishes to change how they have elected to be heard, they must call IPONZ before 5.00pm on the date the hearing fee is due.
Assistant Commissioner’s written decision
Following the hearing (either by appearance, written submissions, or on the papers filed) the Assistant Commissioner will issue a written decision, including any award of costs. The decision will normally be issued within 30 working days from the hearing.
The decision of the Assistant Commissioner will be sent to both parties via the IPONZ case management facility.
See costs for more information.
All IPONZ hearings decisions are published on NZLII.
Sections 170 and 171
Parties may appeal the Assistant Commissioner’s decision within 20 working days by:
(a) filing a notice of appeal in the High Court; and
(b) notifying the Commissioner.
If no appeal is filed, the decision of the Commissioner is final, and the Commissioner will alter any entry on the register accordingly to give effect to the decision.