Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698839759969.pdf (New Zealand)
Reprint as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Public Act Date of assent 1993 No 94 26 August 1993 Contents Title Short Title and commencement Part 1 Preliminary provisions Interpretation Meaning of objectionable Publication may be age­restricted if it contains highly offensive language likely to cause serious harm 1 2 3 3A Page 9 9 9 15 17 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Department of Justice.
1 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 3B 3C 3D 4 5 Publication may be age­restricted if likely to be injurious to public good for speciﬁed reasons Procedure for classiﬁcation under sections 3A and 3B How sections 3A and 3B relate to sections 3 and 23(2)(c) Classiﬁcation of publications a matter of expert judgment Act to bind the Crown Part 2 Labelling of ﬁlms Labelling requirements Films to be labelled Trade screenings Films exempt from labelling requirements Issue of labels Applications for issue of label Issue of labels Rating and description applicable to copies Part 3 Classiﬁcation of publications Submission of publications Submission of ﬁlms by labelling body Submission of publications by others How to submit publications (ofﬁcials) How to submit publications (others) Referral of notice of submission to complaints ofﬁcer Submission to lapse if publication unobtainable Publication not adaptable to equipment in Classiﬁcation Ofﬁce Notiﬁcation of submission Right to make submissions Other assistance No right to be heard Examination and classiﬁcation of publications Examination and classiﬁcation Soundtrack to be considered Classiﬁcation Ofﬁce may copy ﬁlm Classiﬁcation applies to identical copies Conditions relating to display of restricted publications Further provisions relating to conditions on public display of restricted publications 28
19 20 20 26 26 27 28 28 28 29 30 30 30 31 32 32 32 34 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 29 30 31 32 33 34 35 Referral of publications by courts Character of publications arising in court proceedings Report of ﬁndings to be sent to court When decision on publication referred by court to take effect Excisions from and alterations to ﬁlms Excisions from and alterations to ﬁlms Procedure for making excisions and alterations Classiﬁcation to apply only if excisions and alterations
 actually made Provisions to apply to soundtracks Issue of labels 36 36A Issue of labels in respect of ﬁlms Issue of labels in respect of other publications that are classiﬁed as restricted publications Serial publications 37 Serial publications Classiﬁcation decisions 38 39 40 41 42 Decisions of Classiﬁcation Ofﬁce Register of Classiﬁcation Decisions Classiﬁcation Ofﬁce to publish list of decisions Decisions to be conclusive evidence Reconsideration of publications 43 Film posters Film posters Exemptions 44 45 46 Applications for exemption Notiﬁcation of decision Burden of proof Part 4 Review of classiﬁcation decisions Applications for review 47 48 48A Right of review Applications for review Deadline for lodging applications for review 35 36 36 37 37 38 38 39 40 40 42 43 44 44 45 46 46 47 48 48 49 50 3 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Interim restrictions on review Interim restriction orders Notiﬁcation of interim restriction order Duration and revocation of interim restriction order Conduct of reviews Conduct of reviews Procedure Consultation Decision of Board Reconsideration of decisions referred under section 41(3) Board may state case for High Court Part 5 Appeals Appeal to High Court Appeal against decision of Board on question of law Notice of appeal Court may dispense with service Right of other parties to appear and be heard on appeal Appeal in respect of additional points of law Orders relating to
 determination of appeals Dismissal of appeal Extension of time Date of hearing Interim restrictions on appeal Imposition of interim restrictions on appeal Notiﬁcation of interim restriction order Duration and revocation of interim restriction order 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Appeal against decision of High Court Appeal to Court of Appeal Part 6 Bodies Labelling body Functions of labelling body Approval of labelling body Application for approval as labelling body Community
 representatives Revocation of approval Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Ofﬁce of Film and Literature Classiﬁcation Ofﬁce of Film and Literature Classiﬁcation Functions of Classiﬁcation Ofﬁce Powers of Classiﬁcation Ofﬁce [Repealed] Membership of Classiﬁcation Ofﬁce Appointments to Classiﬁcation Ofﬁce Term of ofﬁce Continuation in ofﬁce after term expires [Repealed] Vacation of ofﬁce as chairperson and deputy chairperson Holding of other ofﬁces Administration of Classiﬁcation Ofﬁce Exercise of powers by Deputy Chief Censor Chief Censor may delegate powers Information Unit Annual report [Repealed] Further provisions relating to Classiﬁcation Ofﬁce Film and Literature Board of Review Film and Literature Board of Review Function Membership Term of ofﬁce Continuation in ofﬁce after term expires Extraordinary vacancies Appointment of deputies Application of certain Acts to members Fees and travelling allowances 91 92 93 94 95 96 97 98 99 100 Meetings of Board 101 102 Board may sit in divisions Provision of administrative services to Board 103 104 105 106 107 108 109 Inspectors of publications Inspectors of Publications Inspectors who are not public servants Authority to act as Inspector Part 7 Search and seizure Powers of Inspectors Inspector may seize publications Seizure of
 objectionable publications Search warrants for offences against speciﬁed sections (other than sections 126 and 131A) Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 109A Search warrants from District Court Judges for offences against sections 126 and 131A 109B Search warrants from Registrars, etc, for offences against section 126 or section 131A 109C Who may apply for search
 warrants Form and content of search warrant 110 111 Powers conferred by warrant 111A Power to stop vehicles 112 113 114 115 116 117 118 118A Application of Customs and Excise Act 1996 119 Person executing warrant to produce evidence of authority Notice of execution of warrant Custody of property seized Summons to be issued Disposal of publications seized Appeal against order for destruction Disposal of things seized No action to lie Part 8 Offences Offences relating to labelling 120 121 Non­compliance with labelling requirements Unlawful issue of labels Offences involving objectionable or restricted publications 122 Meaning of distribute in sections 123 to 132 122A Deﬁnitions for section 122 123 Offences of strict liability relating to objectionable publications Offences involving knowledge in relation to objectionable publications 124 124A Where distribution, importation, etc, not an offence 125 126 Offences of strict liability involving restricted publications Offences involving knowledge in relation to restricted publications Exhibition to persons under 18 Circumstances when exhibition or display not an offence Offences in public place Breach of conditions on display of restricted publications Offence to possess objectionable publication 127 128 129 130 131 131A Offences relating to possession of objectionable publications and involving knowledge Exhibiting parts of a publication 132 6 81 82 83 83 84 85 85 86 87 87 87 88 89 90 91 91 92 92 93 94 95 96 96 97 98
 98 99 99 100 102 103 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 132A Aggravating factor to be taken into account in sentencing, 103 etc, for certain publications offences Miscellaneous offences 133 134 135 Contravention of serial publication order or interim restriction order Obstruction of Inspector Failure to surrender warrant Miscellaneous provisions Disposal and forfeiture following conviction No action to lie Liability of employers and principals Directors
 and ofﬁcers of bodies corporate Evidence of publication, etc Relief from contracts 136 137 138 139 140 141 141A Offences punishable on conviction on indictment Offences punishable on summary conviction 142 Extending time for taking prosecutions 143 Leave of Attorney­General to prosecute 144 Delegation of powers by Commissioner of Police 145 145A Extraterritorial jurisdiction for certain offences as required by Optional Protocol 145B Attorney­General’s consent required where jurisdiction claimed under section 145A 145C Offences deemed to be included in extradition treaties Part 9 Miscellaneous provisions General 146 147 148 Classiﬁcation Ofﬁce may require soundtrack to be translated into English Printed matter to be marked with name and address of publisher or wholesale distributor Fees charged by Classiﬁcation Ofﬁce to be reasonable 149 Regulations Regulations Consequential amendments, repeals, and revocation 150 Consequential amendments, repeals, and revocation 104 104 104 105 106 106 106 107 107 107 108 108 108 109 110 111 111 112 113 114 115 118 7 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Part 10 Transitional provisions Indecent Publications Act 1963 Interpretation Decisions under Indecent Publications Act 1963 Proceedings pending or in train before Indecent Publications Tribunal Proceedings pending or in train before High Court Question of indecency arising in court proceedings Alteration of appeal period Interim
 restriction orders to lapse Restriction orders deemed to be serial publication orders Exemptions Video Recordings Act 1987 Interpretation Classiﬁcation decisions under Video Recordings Act 1987 Videos before labelling body Proceedings pending before Authority or Board of Review Question of indecency arising in court proceedings Proceedings before High Court or Court of Appeal Exemptions Films Act 1983 Interpretation Classiﬁcation decisions under Films Act 1983 Proceedings pending before Chief Censor or Board
 of Review Proceedings before High Court or Court of Appeal 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 Dual censorship decisions Dual censorship decisions Miscellaneous provisions 172 173 174 175 Vacation of ofﬁce of existing ofﬁce­holders Existing Inspectors deemed to be Inspectors Restrictions on redundancy and other entitlements Part to apply in respect of subsisting decisions under previous Films Acts Regulations 118 118 120 121 122 123 123 124 124 125 125 127 127 128 129 129 130 130 132 133 133 136 137 137 138 176 Regulations relating to transitional matters [Repealed] 138 8 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 1 s 2 177 Expiry of section 176 Schedule 1 Provisions applying in respect of Classiﬁcation Ofﬁce Schedule 2 Enactments amended Schedule 3 Enactments repealed 138 139 142 145 An Act to consolidate and amend the law relating to the censoring of ﬁlms, videos, books, and other publications; and to repeal the Indecent Publications Act 1963, the Films Act 1983, and the Video Recordings Act 1987 BE IT ENACTED by the Parliament of New Zealand as follows: 1 (1) (2) (3) 2 Short Title and commencement This Act may be cited as the Films, Videos, and Publications Classiﬁcation Act 1993.
Sections 2 and 5, Part 6, section 149, and sections 174 to 177 of this Act, and Schedule 1 to this Act, shall come into force on the day after the date on which this Act receives the Royal assent.

Except as provided by subsection (2) of this section, this Act shall come into force on a date to be appointed by the Governor­General by Order in Council; and one or more Orders in Council may be made appointing different dates for different provisions and for different purposes.
Part 1 Preliminary provisions Interpretation In this Act, unless the context otherwise requires,— Advertising poster means any poster, placard, photograph, or other printed pictorial matter that is intended for use in the advertising of any publication (other than a ﬁlm) to the public; 9 Part 1 s 2 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 and includes a miniature representation of the whole or part of any such poster; and also includes any enlarged representation of the whole or any part of any such poster Authorised distributor, in relation to a publication, means— The person who appears to the Classiﬁcation Ofﬁce to (a) be lawfully entitled to distribute the publication in New Zealand; or (b) Where there is no such person, the owner of the publi­ cation: Board of Review or Board means the Film and Literature Board of Review established by section 91 of this Act Book— (a) Means any book, magazine, or periodical, whether in manuscript or ﬁnal form; but (b) Does not include a newspaper published at intervals of less than one month: Broadcasting has the same meaning as in section 2 of the Broadcasting Act 1989 Cassette, in relation to a video recording, means any case in which the video recording is kept and from which the video recording need not be removed in order for the video recording to be viewed Chief Censor means the Chief Censor of Film and Literature appointed under section 80(1) of this Act Classiﬁcation means the classiﬁcation given to a publication under section 23 or section 55 or section 56 of this Act Classiﬁcation Ofﬁce means the Ofﬁce of Film and Literature Classiﬁcation established under section 76 of this Act Classiﬁcation ofﬁcer means a person appointed as a classiﬁ­ cation ofﬁcer pursuant to section 80(2) of this Act Complaints ofﬁcer means a person designated under clause 3 of Schedule 1 to this Act as a complaints ofﬁcer Deputy Chief Censor means the Deputy Chief Censor of Film and Literature appointed under section 80(1) of this Act Description
 means the description of the contents of a ﬁlm assigned to it under this Act 10 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 1 s 2 Display case, in relation to a video recording, means any case or other container (other than a case or container that is not intended to be displayed to the public)— (a) In which the video recording is kept, or that is displayed, in any premises in which video recordings are supplied or offered for supply, to indicate that the video recording is available for supply; and That shows the title of that video recording; and That must be removed before the video recording can be viewed: (b) (c) Exhibit, in relation to a sound recording, means to play that sound recording Exhibit to the public, in relation to a ﬁlm,— (a) Means to screen or arrange or organise the screening of, or to assist any other person to screen or arrange or organise the screening of, the ﬁlm— (i) (ii) To the public, or any section of the public; or To any group or class of persons otherwise than in a private residence,— whether or not a charge is made for admission to the premises in which the exhibition is held; but (b) Does not include the broadcasting of the ﬁlm;— and public exhibition has a corresponding meaning Film means a cinematograph ﬁlm, a video recording, and any other material record of visual moving images that is capable of being used for the subsequent display of those images; and includes any part of any ﬁlm, and any copy or part of a copy of the whole or any part of a ﬁlm Film poster means any poster, placard, video slick, photo­ graph, or other printed pictorial matter that is intended for use in the advertising or exhibition of any ﬁlm to the public; and includes a miniature representation of the whole or part of any such poster; and also includes any enlarged representation of the whole or any part of any such poster Information Unit means the Information Unit established under section 88 of this Act 11 Part
 1 s 2 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Inspector means an Inspector of Publications holding ofﬁce under subsection (1) or subsection (2) of section 103 of this Act; and includes a member of the Police Interim restriction order,— (a) In Part 4 of this Act, means an order made under section 49 of this Act: In Part 5 of this Act, means an order made under section 67 of this Act: (b) Issue, in relation to a serial publication, means a separately published part of that publication Label means a label issued in respect of a ﬁlm or other publi­ cation under this Act Label: this deﬁnition was amended, as from 21 May 2005, by section 3(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by inserting the words “or other publication” after the word “ﬁlm”.
Labelling body means the body for the time being approved by the Minister under section 72 of this Act Minister means the Minister of Internal Affairs Newspaper means any periodical publication published (whether in New Zealand or elsewhere) at intervals not ex­ ceeding 40 days, or any copy of, or part of any copy of, any such publication; and includes every publication that at any time accompanies and is distributed along with any newspaper Newspaper: this deﬁnition was substituted, as from 27 April 1995, by section 3 Newspapers and Printers Act Repeal Act 1995 (1995 No 13).
Objectionable has the meaning given to it in section 3 of this Act Package includes anything in which goods may be cased, covered, enclosed, contained, or packed Premises means any building, enclosure, ground, or open­air space Printed matter means any book, lithograph, newspaper, pamphlet, paper, periodical, photograph, pic­ ture, print, or other reproduction; but does not include any reproduction of a purely business, commercial, ofﬁcial, pro­ fessional, religious, scholastic, social, or trading character Printed matter: this deﬁnition was substituted, as from 27 April 1995, by section 4(1) Newspapers and Printers Act Repeal Act 1995 (1995 No 13).
letterpress, 12 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 1 s 2 Private residence means a place of residence of any person in respect of which that person has the exclusive right of oc­ cupation; and includes— (a) Private rooms in any hotel, hostel, apartment building, or boardinghouse; and Any other places of temporary residence,— (b) Motel units, cabins, and baches; and (c) whether self­contained or not Publication means— (a) Any ﬁlm, book, sound recording, picture, newspaper, photograph, photographic negative, photographic plate, or photographic slide: (b) Any print or writing: (c) a paper or other thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combin­ ation of 1 or more) images, representations, signs, state­ ments, or words: a thing (including, but not limited to, a disc, or an elec­ tronic or computer ﬁle) on which is recorded or stored information that, by the use of a computer or other elec­ tronic device, is capable of being reproduced or shown as 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words: (d) Publication: paragraph (c) of this deﬁnition was substituted, as from 22 Febru­ ary 2005, by section 3(2) Films, Videos, and Publications Classiﬁcation Amend­ ment Act 2005 (2005 No 2).
Publication: paragraph (d) of this deﬁnition was inserted, as from 22 February 2005, by section 3(2) Films, Videos, and Publications Classiﬁcation Amend­ ment Act 2005 (2005 No 2).
Public display,— (a) In relation to a publication, means the display of that publication in a public place in circumstances that may reasonably be taken to indicate that the publication is available for supply: In relation to an advertising poster or a ﬁlm poster, means the display of the poster in a public place in cir­ cumstances that may reasonably be taken to indicate that the publication to which the poster relates is avail­ able for supply: (b) 13 Part 1 s 2 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Public place has the same meaning as in section 2 of the Summary Offences Act 1981 Rating means the description of the audience for which a ﬁlm is suitable (as determined in accordance with regulations made under this Act) assigned to a ﬁlm under this Act Register means the Register of Classiﬁcation Decisions kept under section 39 of this Act Restricted publication means a publication that is classiﬁed under section 23(2)(c) of this Act Search warrant means a warrant issued under section 109 or section 109A or section 109B Search warrant: this deﬁnition was amended, as from 22 February 2005, by section 23(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the words “or section 109A or section 109B” for the words “of this Act”.
Secretary means the Secretary for Internal Affairs Serial publication— (a) Means— (i) A magazine or periodical published at substan­ tially regular intervals: (ii) Any printed publication divided into parts that are published separately at intervals; but (b) Does not include a newspaper published at intervals of less than one month: Serial publication order means an order made under section 37(1) of this Act Supply means to sell, or deliver by way of hire, or offer for sale or hire Supply to the public, in relation to a ﬁlm,— (a) Means supply by way of sale, hire, exchange, or loan, in the course of any business; and includes sale, hire, exchange, or loan by— (i) (ii) Any club or association, whether public or pri­ vate, and whether incorporated or unincorpor­ ated, that, as part of its activities, makes ﬁlms available to its members; but Any public library; or (b) Does not include any supply of any ﬁlm to any person who makes or distributes or supplies ﬁlms, unless that 14 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 1 s 3 person intends to supply that ﬁlm to the public or, in the case of a club or association to which paragraph (a)(ii) of this deﬁnition applies, to its members;— and public supply has a corresponding meaning Video game means any video recording that is designed for use wholly or principally as a game Video recording means any disc, magnetic tape, or solid state recording device containing information by the use of which one or more series of visual
 images may be produced electron­ ically and shown as a moving picture Video slick, in relation to a video recording, means any leaﬂet or notice (whether with or without illustrations or photo­ graphs) that contains information about the video recording and is intended to be afﬁxed to, or inserted inside any sleeve of, any display case Wholesale distributor means any person who imports for sale in New Zealand otherwise than to the public any printed matter published outside New Zealand Working day means any day of the week other than— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Wai­ tangi Day; and (b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.
3 (1) Meaning of objectionable For the purposes of this Act, a publication is objectionable if it describes, depicts, expresses, or otherwise deals with mat­ ters such as sex, horror, crime, cruelty, or violence in such a manner that the availability of the publication is likely to be injurious to the public good.
(1A) Without limiting subsection (1), a publication deals with a matter such as sex for the purposes of that subsection if— (a) the publication is or contains 1 or more visual images of 1 or more children or young persons who are nude or partially nude; and 15 Part 1 s 3 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (b) those 1 or more visual images are, alone, or together with any other contents of the publication, reasonably capable of being regarded as sexual in nature.
(1B) Subsection (1A) is for the avoidance of doubt.
(2) A publication shall be deemed to be objectionable for the pur­ poses of this Act if the publication promotes or supports, or tends to promote or support,— (a) The exploitation of children, or young persons, or both, for sexual purposes; or The use of violence or coercion to compel any person to participate in, or submit to, sexual conduct; or Sexual conduct with or upon the body of a dead person; or The use of urine or excrement in association with de­ grading or dehumanising conduct or sexual conduct; or Bestiality; or Acts of torture or the inﬂiction of extreme violence or extreme cruelty.
(b) (c) (d) (e) (f) In determining, for the purposes of this Act, whether or not any publication (other than a publication to which subsection (2) of this section applies) is objectionable or should in accord­ ance with section 23(2) be given a classiﬁcation other than ob­ jectionable, particular weight shall be given to the extent and degree to which, and the manner in which, the publication— Describes, depicts, or otherwise deals with— (a) (i) Acts of torture, the inﬂiction of serious physical harm, or acts of signiﬁcant cruelty: Sexual violence or sexual coercion, or violence or coercion in association with sexual conduct: (ii) (iii) Other sexual or physical conduct of a degrading (iv) (v) or dehumanising or demeaning nature: Sexual conduct with or by children, or young persons, or both: Physical conduct in which sexual satisfaction is derived from inﬂicting or suffering cruelty or pain: (b) (c) Exploits the nudity of children, or young persons, or both: Degrades or dehumanises or demeans any person: (3) 16 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 1 s 3A (d) (e) Promotes or encourages criminal acts or acts of terror­ ism: Represents (whether directly or by implication) that members of any particular class of the public are in­ herently inferior to other members of the public by reason of any characteristic of members of that class, being a characteristic that is a prohibited ground of discrimination speciﬁed in section 21(1) of the Human Rights Act 1993.
(4) (c) In determining, for the purposes of this Act, whether or not any publication (other than a publication to which subsection (2) of this section applies) is objectionable or should in accordance with section 23(2) be given a classiﬁcation other than objec­ tionable, the following matters shall also be considered: The dominant effect of the publication as a whole: (a) The impact of the medium in which the publication is (b) presented: The character of the publication, including any merit, value, or importance that the publication has in relation to literary, artistic, social, cultural, educational, scien­ tiﬁc, or other matters: The persons, classes of persons, or age groups of the persons to whom the publication is intended or is likely to be made available: The purpose for which the publication is intended to be used: Any other relevant circumstances relating to the in­ tended or likely use of the publication.
(d) (e) (f) Subsections (1A) and (1B) were inserted, as from 22 February 2005, by section 4(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
Subsections (3) and (4) were amended, as from 22 February 2005, by section 4(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by inserting the words “in accordance with section 23(2)” after the word “should”.. 3A Publication may be age­restricted if it contains highly offensive language likely to cause serious harm (1) A publication to which subsection (2) applies may be classiﬁed as a restricted publication under section 23(2)(c)(i).
17 Part 1 s 3B Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (2) (3) This subsection applies to a publication that contains highly offensive language to such an extent or degree that the avail­ ability of the publication would be likely, if not restricted to persons who have attained a speciﬁed age, to cause serious harm to persons under that age.

In this section, highly offensive language means language that is highly offensive to the public in general.
Sections 3A to 3D were inserted, as from 22 February 2005, by section 5 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

See section 6 of that Act as to the transitional provision.

3B Publication may be age­restricted if likely to be injurious to public good for speciﬁed reasons (1) A publication to which subsection (2) applies may be classiﬁed (2) (3) as a restricted publication under section 23(2)(c)(i).
This subsection applies to a publication that contains mater­ ial speciﬁed in subsection (3) to such an extent or degree that the availability of the publication would, if not restricted to persons who have attained a speciﬁed age, be likely to be in­ jurious to the public good for any or all of the reasons speciﬁed in subsection (4).
The material referred to in subsection (2) is material that— (a) describes, depicts, expresses, or otherwise deals with— harm to a person’s body whether it involves in­ (i) ﬂiction of pain or not (for example, self­mutila­ tion or similarly harmful body modiﬁcation) or self­inﬂicted death; or conduct that, if imitated, would pose a real risk of serious harm to self or others or both; or physical conduct of a degrading or dehumanising or demeaning nature; or (iii) (ii) (b) is or includes 1 or more visual images— (i) (ii) of a person’s body; and that, alone, or together with any other contents of the publication, are of a degrading or dehuman­ ising or demeaning nature.
(4) The reasons referred to in subsection (2) are that the general levels of emotional and intellectual development and maturity 18 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 1 s 4 of persons under the speciﬁed age mean that the availability of the publication to those persons would be likely to— (a) (b) cause them to be greatly disturbed or shocked; or increase signiﬁcantly the risk of them killing, or causing serious harm to, themselves, others, or both; or encourage them to treat or regard themselves, others, or both, as degraded or dehumanised or demeaned.
Sections 3A to 3D were inserted, as from 22 February 2005, by section 5 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

See section 6 of that Act as to the transitional provision.

(c) 3C Procedure for classiﬁcation under sections 3A and 3B In determining whether to classify a publication as a restricted publication in accordance with section 3A or section 3B, the Classiﬁcation Ofﬁce must consider the matters speciﬁed in paragraphs (a) to (f) of section 3(4).
Sections 3A to 3D were inserted, as from 22 February 2005, by section 5 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

See section 6 of that Act as to the transitional provision.

3D How sections 3A and 3B relate to sections 3 and 23(2)(c) Sections 3A and 3B are not limited by section 3, and do not limit the Classiﬁcation Ofﬁce’s power under sections 3 and 23(2)(c) to classify a publication as a restricted publication.
Sections 3A to 3D were inserted, as from 22 February 2005, by section 5 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

See section 6 of that Act as to the transitional provision.
4 (1) Classiﬁcation of publications a matter of expert judgment The question whether or not a publication is objectionable or should in accordance with section 23(2) be given a classiﬁca­ tion other than objectionable is a matter for the expert judg­ ment of the person or body authorised or required, by or pur­ suant to this Act, to determine it, and evidence as to, or proof of, any of the matters or particulars that the person or body is required to consider in determining that question is not essen­ tial to its determination.
(2) Without limiting subsection (1) of this section, where evidence as to, or proof of, any such matters or particulars is available 19 Part 1 s 5 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 to the body or person concerned, that body or person shall take that evidence or proof into consideration.
The heading to section 4 was amended, as from 22 February 2005, by section 7(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the words “Classiﬁcation of publications” for the words “Whether publication objectionable”.
Subsection (1) was amended, as from 22 February 2005, by section 7(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by inserting the words “or should in accordance with section 23(2) be given a clas­ siﬁcation other than objectionable” after the words “is objectionable”.

5 Act to bind the Crown This Act binds the Crown.


Part 2 Labelling of ﬁlms Labelling requirements Films to be labelled Subject to sections 7 and 8 of this Act, a ﬁlm must not be sup­ plied to the public or offered for supply to the public unless— A label has been issued in respect of that ﬁlm; and (a) The requirements of this Act with respect to the afﬁxing (b) of that label are complied with.
Subject to sections 7 and 8 of this Act, a ﬁlm must not be exhibited to the public unless— (a) (b) A label has been issued in respect of that ﬁlm; and The requirements of this Act with respect to the display and advertisement of the contents of that label are com­ plied with.
Compare: 1983 No 130 ss 7, 8; 1987 No 85 s 5 Trade screenings Section 6 of this Act does not apply in respect of the private screening, for commercial purposes, of any ﬁlm where— (a) That screening is by— (i) (ii) An expressly authorised agent of the maker, The maker, owner, or distributor of the ﬁlm; or owner, or distributor; and 6 (1) (2) 7 20 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 2 s 8 8 (1) (b) (c) That screening is to any person engaged in the ﬁlm in­ dustry, or in any industry closely associated with the ﬁlm industry; and That screening is carried out in accordance with normal trade practice before the maker, owner, or distributor applies for the issue of a label in respect of the ﬁlm.
Compare: 1983 No 130 s 6 Films exempt from labelling requirements Subject to subsections (2) and (3) of this section, section 6 of this Act does not apply in respect of any of the following ﬁlms: Any ﬁlm owned, produced, or sponsored by, and relat­ (a) ing to the policy, functions, or operations of,— (i) Any Government Department named in Part 1 of Schedule 1 to the Ombudsmen Act 1975: (ii) Any organisation named in Part 2 of Schedule 1 to the Ombudsmen Act 1975 or in Schedule 1 to the Ofﬁcial Information Act 1982: (iii) Any local organisation named or speciﬁed in Part 3 of Schedule 1 to the Ombudsmen Act 1975: (b) Any ﬁlm directly related wholly or principally to per­ sonnel training and development, or public, business, or industrial administration, management, and organ­ isation: Any ﬁlm depicting wholly or principally agricultural, industrial, or manufacturing processes or technological development: (c) (d) Any pure, applied, physical, or natural scientiﬁc ﬁlm: (e) Any ﬁlm relating wholly or mainly to the social sci­ ences, including economics, geography, anthropology, and linguistics: Any natural history ﬁlm, and any ﬁlm depicting wholly or principally natural scenery: (f) (g) Any ﬁlm of news and current affairs, any documentary, and any historical account containing a unity of subject­ matter: (h) Any ﬁlm depicting wholly or principally sporting events or recreational activities: 21 Part 2 s 9 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (i) (j) Any ﬁlm that is
 designed to provide a record of an event or occasion (such as a wedding) for those who took part in the event or occasion or are connected with those who did so: Any ﬁlm depicting wholly or mainly surgical or medical techniques and used for educational and instructional purposes: (k) Any ﬁlm that is wholly or mainly a commercial adver­ tisement relating to the advertiser’s or sponsor’s activ­ ities: Any ﬁlm directly related to the curriculum of pre­school, primary, secondary, or tertiary educa­ tional institutions: (l) (m) Any ﬁlm wholly or mainly of a religious nature: (n) Any ﬁlm depicting wholly or mainly travel: (o) Any ﬁlm depicting wholly or mainly cultural activities: (p) Any ﬁlm intended for supply or exhibition solely to eth­ nic organisations: (q) Any video game.
The Chief Censor may, at any time, require any person who proposes to exhibit to the public or supply to the public any ﬁlm of a class mentioned in subsection (1) of this section, or who has exhibited to the public or supplied to the public any such ﬁlm, to make an application under section 9 of this Act for the issue of a label in respect of that ﬁlm.
(2) (3) Nothing in subsection (1) of this section exempts any ﬁlm from the requirements of section 6 of this Act if— The ﬁlm is a restricted publication; or (a) The Chief Censor has required the ﬁlm to be submitted (b) to the labelling body under subsection (2) of this sec­ tion.
Compare: 1983 No 130 ss 9­12; 1987 No 85 s 6; 1990 No 58 s 4 Issue of labels Applications for issue of label Subject to subsection (2) of this section, the following persons may apply to the labelling body for the issue of a label in re­ spect of a ﬁlm: 9 (1) 22 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 2 s 10 (a) Any person who is engaged in the production, distribu­ tion, public supply, or public exhibition of ﬁlms: (b) Any person who proposes to supply to the public or exhibit to the public the ﬁlm in respect of which the application is made.
Subsection (1) of this section does not apply to any ﬁlm— (a) In respect of which a label has already been issued under this Act; or (b) That has been classiﬁed under this Act as objectionable.

Subject to subsection (4) of this section, every application under subsection (1) of this section shall be accompanied by— A copy of the ﬁlm in respect of which the application is (a) made; and (b) The fee set by the labelling body for such an application.
The labelling body may, in accordance with regulations made under this Act, exempt any applicant from the requirements of subsection (3)(a) of this section.

Compare: 1983 No 130 s 8; 1987 No 85 s 12 Issue of labels Subject to any regulations made under this Act, on receiving an application under section 9(1) of this Act, the labelling body shall, as soon as practicable, examine the ﬁlm and, subject to subsection (3) of this section and to section 12 of this Act, shall issue a label in respect of that ﬁlm.
The label shall contain— (a) The rating assigned to that ﬁlm by the labelling body; and (b) Where appropriate, a description of the contents of that ﬁlm indicating whether the ﬁlm contains anti­social be­ haviour, cruelty, violence, crime, horror, sex, or offen­ sive language or behaviour.

The labelling body shall not issue a label in respect of any ﬁlm that has been classiﬁed by the Classiﬁcation Ofﬁce or the Board as objectionable.
Compare: 1987 No 85 s 13 (2) (3) (4) 10 (1) (2) (3) 23 Part 2 s 11 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 11 Rating and description applicable to copies For the purposes of this Part of this Act, the rating and descrip­ tion (if any) assigned to any ﬁlm under section 10 of this Act shall apply to every copy of that ﬁlm that is identical in con­ tent with it, whether or not the copy is in a different gauge or a different technical form.
Compare: 1983 No 130 s 8(5)­(8); 1987 No 85 s 13(3) Part 3 Classiﬁcation of publications Submission of publications Submission of ﬁlms by labelling body 12 (1) Where— (a) An application is made under section 9(1) of this Act in respect of a ﬁlm; and The labelling body is not permitted, under regulations made under this Act, to assign a rating to that ﬁlm,— (b) the labelling body shall submit that ﬁlm to the Classiﬁcation Ofﬁce for examination and classiﬁcation pursuant to section 23 of this Act.
(1A) However, the labelling body is not required by subsection (b) (c) (1) to submit a ﬁlm to the Classiﬁcation Ofﬁce if— (a) an item on the ﬁlm has been classiﬁed under this Act as a restricted publication; and all other material included on the ﬁlm is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating; and the labelling body may, without a direction of the Clas­ siﬁcation Ofﬁce under section 36, but in accordance with regulations made under this Act, issue in respect of the ﬁlm a label containing the classiﬁcation of, and any description assigned to, the item.
(2) Where— (a) The labelling body is having substantial difﬁculty in determining the appropriate rating to assign to a ﬁlm; or 24 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 13 (b) There is disagreement among the persons who are carry­ ing out the functions of the labelling body on the appro­ priate rating to assign to a ﬁlm,— the labelling body may, subject to subsection (3) of this sec­ tion, submit that ﬁlm to the Classiﬁcation Ofﬁce for examin­ ation and classiﬁcation pursuant to section 23 of this Act.
The labelling body may submit a ﬁlm to the Classiﬁcation Of­ ﬁce under subsection (2) of this section only with the leave of the Chief Censor.

That leave may be obtained on application made on the form provided for that purpose by the Chief Cen­ sor.
(3) (4) Where the Classiﬁcation Ofﬁce directs, under section 36 of this Act, that a label should be issued in respect of any ﬁlm submitted to it under subsection (1) or subsection (2) of this section, the labelling body shall issue a label in accordance with the direction of the Classiﬁcation Ofﬁce.

Compare: 1987 No 85 s 15 Subsection (1A) was inserted, as from 22 February 2005, by section 8 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
Submission of publications by others 13 (1) Any of the following persons may submit a publication to the Classiﬁcation Ofﬁce for a decision on that publication’s clas­ siﬁcation: (a) The Chief Executive of the New Zealand Customs Ser­ vice: the Commissioner of Police: The Secretary: Subject to subsection (2) of this section, any other per­ son.
(ab) (b) (c) (3) (2) A publication may be submitted to the Classiﬁcation Ofﬁce under subsection (1)(c) of this section only with the leave of the Chief Censor given under section 15 of this Act.

The Chief Censor may, on his or her own motion, determine that any publication should be received for examination by the Classiﬁcation Ofﬁce.
In any such case the Chief Censor shall, by notice in writing, direct the Chief Executive of the New Zealand Customs Service or the Secretary to take all reason­ able steps to obtain a copy of the publication and submit it to 25 Part 3 s 14 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 the Classiﬁcation Ofﬁce under paragraph (a) or, as the case re­ quires, paragraph (b) of subsection (1) of this section.
Compare: 1963 No 22 s 14(1), (2); 1987 No 85 s 19(1)­(3) Subsection (1)(a) was amended, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27) by substituting the words “Chief Ex­ ecutive of the New Zealand Customs Service” for the words “Comptroller of Customs”.

Subsection (1)(ab) was inserted, as from 22 February 2005, by section 9 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
Subsection (3) was amended, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27) by substituting the words “Chief Ex­ ecutive of the New Zealand Customs Service” for the words “Comptroller of Customs”.

(2) How to submit publications (ofﬁcials) 14 (1) A publication shall be submitted to the Classiﬁcation Ofﬁce under subsection (1)(a) or (b) of section 13 of this Act by lodg­ ing a notice of submission in the prescribed manner with the Classiﬁcation Ofﬁce.
Every notice of submission shall be in the form provided for that purpose by the Chief Censor.

Every notice of submission lodged with the Classiﬁcation Of­ ﬁce shall be accompanied by— (a) (b) A copy of the publication to which the notice relates.
Compare: 1963 No 22 s 14(4); 1987 No 85 s 19(4) The prescribed fee (if any); and (3) How to submit publications (others) Every person who wishes to submit a publication to the Clas­ siﬁcation Ofﬁce under section 13(1)(c) of this Act shall lodge a notice of submission in the prescribed manner with the Clas­ siﬁcation Ofﬁce.

Every notice of submission shall be in the form provided for that purpose by the Chief Censor and shall be accompanied by the prescribed fee (if any).
Subject to section 16 of this Act, on receiving a notice of sub­ mission lodged under this section, the Chief Censor shall de­ cide whether or not to give leave for the publication to be sub­ mitted to the Classiﬁcation Ofﬁce.
15 (1) (2) (3) 26 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 16 (4) Where the Chief Censor grants leave under this section in rela­ tion to a publication, the publication shall be deemed to have been submitted to the Classiﬁcation Ofﬁce for a decision on that publication’s classiﬁcation.
(5) Where, in relation to a publication, the Chief Censor grants, or refuses to grant, leave under this section, the Chief Censor shall give written notice of— That decision; and (a) In the case of a refusal to grant leave, the reasons for (b) that decision,— to the person who lodged the notice of submission.
(6) Where, in relation to a publication, the Chief Censor refuses to grant leave under this section, every person shall, on request, and on payment of such fee (if any) as the Classiﬁcation Of­ ﬁce may determine, be entitled to a copy of the notice given pursuant to subsection (5) of this section in relation to that re­ fusal.
Compare: 1963 No 22 s 14(3), (4); 1987 No 85 s 19(4), (5) 16 Referral of notice of submission to complaints ofﬁcer (1) Notwithstanding anything in subsection (3) of section 15 of this Act, where a notice of submission is lodged under that section, the Chief Censor may, in his or her discretion, refer the notice to a complaints ofﬁcer.
(2) On any such referral, the complaints ofﬁcer shall— Consider the publication; and (a) (b) Determine whether or not, in his or her opinion, the Chief Censor should give leave under section 15 of this Act for the publication to be submitted to the Classiﬁ­ cation Ofﬁce; and (c) Report his or her opinion to the Chief Censor.

In making a determination under subsection (2) of this section, the complaints ofﬁcer shall have regard to any guidelines is­ sued for the purpose by the Chief Censor.
(3) (4) Where the Chief Censor receives a report under subsection (2)(c) of this section in relation to a publication, the Chief Cen­ sor shall take the recommendation in that report into consider­ ation in deciding, under section 15 of this Act, whether or not 27 Part 3 s 17 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 to grant leave for the publication to be submitted to the Clas­ siﬁcation Ofﬁce.
Submission to lapse if publication unobtainable 17 (1) Where a notice of submission relating to a publication is lodged with the Classiﬁcation Ofﬁce under section 15(1) of this Act, and a copy of that publication is not submitted to the Classiﬁcation Ofﬁce, the Classiﬁcation Ofﬁce shall take all reasonable steps to obtain a copy of the publication.
If the Classiﬁcation Ofﬁce, after taking such steps as are re­ quired by subsection (1) of this section, is unable to obtain a copy of the publication, that notice of submission shall lapse, and the Classiﬁcation Ofﬁce shall notify the person who sub­ mitted that notice accordingly.
Compare: 1987 No 85 s 19(6), (7) (2) Publication not adaptable to equipment in Classiﬁcation Ofﬁce If any publication submitted under section 12 or section 13 or section 42 of this Act is not adaptable to the equipment in the Classiﬁcation Ofﬁce, the Classiﬁcation Ofﬁce may, except where section 17(1) of this Act applies, require the person sub­ mitting the publication to make it available for examination by the Classiﬁcation Ofﬁce at such place as the Classiﬁcation Of­ ﬁce directs, and to pay all or any of the costs associated with the examination of the publication at that place.
Compare: 1987 No 85 s 19(8) Notiﬁcation of submission This section applies if a person (the submitter) submits a pub­ lication to the Classiﬁcation Ofﬁce under section 13.
The Chief Censor must immediately determine the notice of the submission that is to be given to any person (other than the submitter) who the Chief Censor reasonably believes should be given notice of the submission by reason of that person’s interest in the publication (being an interest as owner, maker, distributor, or publisher of the publication).
18 19 (1) (2) 28 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 20 (3) The Chief Censor may, before the publication has been classi­ ﬁed by the Classiﬁcation Ofﬁce, determine— (a) that notice of the submission is to be given to any other speciﬁed person or class of persons, in a manner and within a time the Chief Censor speciﬁes: that the fact that the submission has been made is to be publicised, in a manner and within a time the Chief Censor speciﬁes.
(b) (5) (4) Having determined under subsection (2) or subsection (3) that notice is to be given or that a fact is to be publicised, unless subsection (5) applies the Chief Censor must direct the sub­ mitter to give that notice or to publicise that fact.

The Chief Censor must arrange for the Classiﬁcation Ofﬁce to give that notice or to publicise that fact if satisﬁed that giving that notice or publicising that fact would place an undue bur­ den on the submitter.
Section 19 was substituted, as from 22 February 2005, by section 10(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

See section 10(3) of that Act as to the transitional provision.
20 (1) Right to make submissions The following persons may make written submissions to the Classiﬁcation Ofﬁce in respect of the classiﬁcation of any pub­ lication submitted to the Classiﬁcation Ofﬁce under section 13 of this Act: (a) (b) (c) (d) The Secretary: The person who submitted the publication: Any person who is notiﬁed under section 19(4) or (5): Such other persons who satisfy the Chief Censor that they are likely to be affected by the classiﬁcation of the publication.
(2) Where a publication is referred to the Classiﬁcation Ofﬁce under section 29(1) or section 41(3) of this Act, every person who is a party to the proceeding in respect of which that refer­ ral is made shall have the right to make written submissions to the Classiﬁcation Ofﬁce in respect of the classiﬁcation of that publication.
Compare: 1963 No 22 s 14(6) 29 Part 3 s 21 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Subsection (1)(c) was amended, as from 22 February 2005, by section 10(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the words “section 19(4) or (5)” for the words “paragraph (a) or paragraph (b)(i) of section 19 of this Act”.

See section 10(3) of that Act as to the transitional provision.
21 (1) Other assistance In examining any publication for the purposes of this Part of this Act, the Classiﬁcation Ofﬁce may show the publication to any person whom the Classiﬁcation Ofﬁce considers may be able to assist the Ofﬁce in forming an opinion of the publica­ tion on which to base the decision of the Classiﬁcation Ofﬁce in respect of the publication.
(2) Nothing in this Act relating to the exhibition or display of pub­ lications shall apply to the exhibition or display of a publica­ tion by or at the request of the Classiﬁcation Ofﬁce for the purposes of subsection (1) of this section.
In examining any publication for the purposes of this Part of this Act, the Classiﬁcation Ofﬁce may— (a) Invite such persons as it thinks ﬁt to make written sub­ missions to the Classiﬁcation Ofﬁce in relation to the publication: (3) (b) Obtain information from such persons, and make such inquiries, as it thinks ﬁt.
Compare: 1983 No 130 s 14; 1987 No 85 s 22 22 No right to be heard It shall not be necessary for the Classiﬁcation Ofﬁce to hold any hearing, nor, subject to section 20 of this Act, shall any person have the right to appear before, or to be heard by, or to make submissions to, the Classiﬁcation Ofﬁce in relation to any matter that is before that Ofﬁce.
Examination and classiﬁcation of publications Examination and classiﬁcation 23 (1) As soon as practicable after a publication has been submitted or referred to the Classiﬁcation Ofﬁce under this Act, the Clas­ siﬁcation Ofﬁce shall examine the publication to determine the classiﬁcation of the publication.
30 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 24 (2) After examining a publication, and having taken into account the matters referred to in sections 3 to 3D, the Classiﬁcation Ofﬁce shall classify the publication as— (a) (b) Objectionable; or (c) Objectionable except in any one or more of the follow­ ing circumstances: (i) Unrestricted; or If the availability of the publication is restricted to persons who have attained a speciﬁed age not exceeding 18 years: If the availability of the publication is restricted to speciﬁed persons or classes of persons: If the publication is used for one or more speci­ ﬁed purposes.
(ii) (iii) (3) Without limiting the power of the Classiﬁcation Ofﬁce to clas­ sify a publication as a restricted publication, a publication that would otherwise be classiﬁed as objectionable may be clas­ siﬁed as a restricted publication in order that the publication may be made available to particular persons or classes of per­ sons for educational, professional, scientiﬁc, literary, artistic, or technical purposes.
Compare: 1963 No 22 s 10; 1983 No 130 s 15(1), (2); 1987 No 85 s 23(1) Subsection (2) was amended, as from 22 February 2005, by section 11(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the words “sections 3 to 3D” for the words “section 3 of this Act”.
Subsection (2)(c)(i) was amended, as from 22 February 2005, by section 11(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by inserting the words “not exceeding 18 years” after the words “a speciﬁed age”.
24 Soundtrack to be considered Where a ﬁlm is intended to be viewed with an accompanying soundtrack (whether or not the soundtrack is an integral part of the ﬁlm), an examination of the ﬁlm under section 23 of this Act shall also take into account the content of the soundtrack and its relationship to the ﬁlm.
Compare: 1983 No 130 s 13(5); 1987 No 85 s 21(4) 31 Part 3 s 25 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Classiﬁcation Ofﬁce may copy ﬁlm 25 (1) Where the Classiﬁcation Ofﬁce examines any ﬁlm under this Part of this Act, it may make 1 copy of that ﬁlm, and any accompanying soundtrack, for the purposes of comparing that copy with any ﬁlm that it subsequently examines.
The making of a copy of any ﬁlm or any soundtrack under this section shall not constitute an infringement of the copyright (if any) in that ﬁlm or soundtrack or in any material incorporated in that ﬁlm or soundtrack.
Compare: 1987 No 85 s 21(5), (6) (2) 26 Classiﬁcation applies to identical copies For the purposes of this Act, the classiﬁcation given to a pub­ lication under section 23 or section 55 or section 56 of this Act shall apply to every copy of that publication that is identical in content with it.
Compare: 1987 No 85 s 23(2) Conditions relating to display of restricted publications 27 (1) Where, pursuant to this Part of this Act, the Classiﬁcation Of­ ﬁce classiﬁes any publication as a restricted publication, the Classiﬁcation Ofﬁce shall in every case consider whether or not conditions in respect of the public display of that publica­ tion should be imposed pursuant to this section, and may, at the time of classifying that publication, impose such conditions.
In determining whether or not to impose conditions pursuant to this section, and in determining the conditions that it should impose, the Classiﬁcation Ofﬁce shall have regard to the fol­ lowing matters: (a) (2) The reasons for classifying the publication as a re­ stricted publication: The terms of the classiﬁcation given to the publication: The likelihood that the public display of the publication, if not subject to conditions or, as the case may be, any particular condition, would cause offence to reasonable members of the public.
(b) (c) (3) Where the Classiﬁcation Ofﬁce considers that the public dis­ play of the publication, if not subject to conditions under this section, would be likely to cause offence to reasonable mem­ 32 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 27 (4) bers of the public, the Classiﬁcation Ofﬁce shall, at the time of classifying that publication, impose such conditions under this section in respect of the public display of that publication as it considers necessary to avoid the causing of such offence.
The conditions that may be imposed pursuant to this section in respect of the public display of a publication (other than a ﬁlm) are as follows: (a) that, when the publication is on public display, the clas­ siﬁcation given to the publication must be shown by way of a label— (i) (ii) (iii) issued in accordance with a direction under sec­ tion 36A(2); and either afﬁxed to the publication in a manner speciﬁed by the Classiﬁcation Ofﬁce; or brought in some other, more practical or conveni­ ent way to the attention of persons to whom the publication is displayed in a manner speciﬁed by the Classiﬁcation Ofﬁce: (b) (c) (d) (e) That the publication must be publicly displayed only in a sealed package: That where the publication is publicly displayed in a package, the package must be made of opaque material: That— (i) (ii) Any advertising poster relating to the publica­ The publication; or tion,— or both, must be publicly displayed only in premises, or a part of premises, set aside for the public display of restricted publications (whether or not articles other than restricted publications are also displayed in those premises or that part of those premises): That— (i) (ii) Any advertising poster relating to the publica­ The publication; or tion,— or both, must not be publicly displayed in any place in which the publication is available for supply, and must be shown in that place only to persons who make a di­ 33 Part 3 s 28 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 rect request for the publication or, as the case requires, the poster.
(5) (b) The ﬁlm; or The conditions that may be imposed pursuant to this section in respect of the public display of a ﬁlm are as follows: (a) That— (i) (ii) Any ﬁlm poster relating to the ﬁlm (whether or not the poster is attached to the cassette, case, or other container in which the ﬁlm is kept),— or both, must be publicly displayed only in premises, or a part of premises, set aside for the public display of restricted publications (whether or not articles other than restricted publications are also displayed in those premises or that part of those premises): That the ﬁlm, or any cassette, case, or other container in which the ﬁlm is kept, must be publicly displayed only in a package made of opaque material: That— (i) (ii) Any ﬁlm poster relating to the ﬁlm (whether or not the poster is attached to the cassette, case, or other container in which the ﬁlm is kept),— or both, must not be publicly displayed in any place in which the ﬁlm is available for supply, and must be shown in that place only to persons who make a direct request for the ﬁlm or, as the case requires, the poster.
Subsection (4)(a) was substituted, as from 21 May 2005, by section 12(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

See section 12(2) and (3) of that Act as to the savings provisions relating to condi­ tions imposed pursuant to the original subsection (4)(a).
The ﬁlm; or (c) 28 Further provisions relating to conditions on public display of restricted publications (1) Any one or more of the conditions speciﬁed in subsection (4) or, as the case may require, subsection (5) of section 27 of this Act may be imposed in respect of a publication, and, without limiting the generality of the foregoing, any 2 or more conditions may be expressed as alternatives.
Subject to subsections (2) and (3) of section 27 of this Act, in determining whether to impose, or in imposing, in respect of (2) 34 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 29 (4) a publication other than a book or a newspaper, the condition speciﬁed in section 27(4)(a) of this Act, the Classiﬁcation Of­ ﬁce shall have regard to the nature of the publication.
(3) Nothing in section 27(5) of this Act limits or affects the powers of the Classiﬁcation Ofﬁce to examine or approve ﬁlm posters under any regulations made under this Act.
For the purposes of this Act, a condition imposed pursuant to subsection (4)(e) or subsection (5)(c) of section 27 of this Act prohibiting the public display of any thing in any place shall, in so far as the condition relates to the public display of that thing in any premises, prohibit the public display of that thing not only in those premises but also— (a) (b) On the exterior of those premises: In the immediate vicinity of those premises.
Referral of publications by courts 29 (1) Character of publications arising in court proceedings Except as provided in subsections (2) and (3) of this section, where in any civil or criminal proceedings before a court (in­ cluding any proceedings under section 116 of this Act) a ques­ tion arises whether any publication— (a) (b) Is objectionable; or Is objectionable except in any one or more of the fol­ lowing circumstances: (i) If the availability of the publication is restricted to persons who have attained a speciﬁed age: If the availability of the publication is restricted to speciﬁed persons or classes of persons: If the publication is used for one or more speci­ ﬁed purposes,— (ii) (iii) the court shall refer the question to the Classiﬁcation Ofﬁce for decision, and the Classiﬁcation Ofﬁce shall have exclusive jurisdiction to determine the question.
(2) Where in any civil or criminal proceedings the defendant ad­ mits that a publication— Is objectionable; or (a) 35 Part 3 s 30 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (b) Is objectionable except in any one or more of the cir­ cumstances referred to in subsection (1)(b) of this sec­ tion,— the court may accept that admission and dispense with a ref­ erence to the Classiﬁcation Ofﬁce.
(3) Where the Classiﬁcation Ofﬁce or the Board has classiﬁed a publication under this Act, the production in any proceedings of a copy, certiﬁed by the Classiﬁcation Ofﬁce, of the entry in the register recording that decision, together with a certiﬁcate from the Classiﬁcation Ofﬁce that the decision is still in force, shall be sufﬁcient proof in any court of the decision, and if that decision is conclusive proof of the classiﬁcation of that pub­ lication under section 41 of this Act, the court shall dispense with a reference to the Classiﬁcation Ofﬁce in those proceed­ ings.
Compare: 1963 No 22 s 12; 1987 No 85 s 20; 1990 No 59 s 4 30 Report of ﬁndings to be sent to court Where the Classiﬁcation Ofﬁce has classiﬁed any publication referred to it pursuant to section 29(1) or section 41(3) of this Act, the Classiﬁcation Ofﬁce shall forward a report of its ﬁnd­ ings to the court that referred the publication.
Compare: 1987 No 85 s 25(1) 31 When decision on publication referred by court to take effect Where,— (a) (b) In any civil or criminal proceedings, a publication is referred to the Classiﬁcation Ofﬁce pursuant to section 29(1) or section 41(3) of this Act by a court; and The Classiﬁcation Ofﬁce makes a decision with respect to that publication,— then, subject to section 55(3) of this Act, that decision shall be of no effect in relation to those proceedings until,— (c) if no application for a review of that decision is lodged pursuant to section 47 before the relevant deadline spe­ ciﬁed in section 48A, that deadline; or 36 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 33 32 33 (1) (d) if an application for a review of that kind is lodged be­ fore that deadline, the Board has made a determination in relation to that review.
Compare: 1987 No 85 s 26 Paragraphs (c) and (d) were substituted, as from 22 February 2005, by sec­ tion 19(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

See section 18(3) of that Act as to this amendment applying only in respect of a decision of the Classiﬁcation Ofﬁce made as from 22 February 2005.
Excisions from and alterations to ﬁlms Excisions from and alterations to ﬁlms Notwithstanding anything in section 23 of this Act, if, after examining a ﬁlm under this Part of this Act (other than a ﬁlm referred to it pursuant to section 29(1) or section 41(3) of this Act), the Classiﬁcation Ofﬁce is of the opinion that it would classify the ﬁlm differently according to whether any speciﬁed part or parts of the ﬁlm are excised from or left in the ﬁlm, it shall, before making a ﬁnal determination in respect of the classiﬁcation of the ﬁlm, follow the procedure prescribed by section 33 of this Act.
Compare: 1983 No 130 s 15(3); 1987 No 85 s 24(1) Procedure for making excisions and alterations In any case to which section 32 of this Act applies, the Clas­ siﬁcation Ofﬁce shall notify the authorised distributor of the ﬁlm of— (a) The classiﬁcation that the Classiﬁcation Ofﬁce would give to the ﬁlm if any speciﬁed part or parts of the ﬁlm were excised or altered to the satisfaction of the Classi­ ﬁcation Ofﬁce; and The classiﬁcation that the Classiﬁcation Ofﬁce would give to the ﬁlm if the speciﬁed part or parts of the ﬁlm were not excised or altered to the satisfaction of the Classiﬁcation Ofﬁce.
(b) (2) If the authorised distributor of the ﬁlm agrees to each such excision or alteration to the satisfaction of the Classiﬁcation Ofﬁce, the Classiﬁcation Ofﬁce shall classify that ﬁlm in ac­ cordance with section 23 of this Act as if each of the required excisions and alterations were made.
37 Part 3 s 34 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 If the authorised distributor of the ﬁlm refuses or fails, within 20 working days after the date of the Classiﬁcation Ofﬁce’s notice, or within such further period as the Classiﬁcation Of­ ﬁce may allow, to agree to any such alteration or excision to the satisfaction of the Classiﬁcation Ofﬁce, the Classiﬁcation Ofﬁce shall classify the ﬁlm in accordance with section 23 of this Act.
If the authorised distributor of the ﬁlm agrees to some but not all of the excisions or alterations, the Classiﬁcation Ofﬁce shall classify the ﬁlm in accordance with section 23 of this Act as if the excisions and alterations agreed to by the authorised dis­ tributor of the ﬁlm had been made.
In determining whether to exercise, or in exercising, the Clas­ siﬁcation Ofﬁce’s powers under this section in respect of any ﬁlm, the Classiﬁcation Ofﬁce may consider the effect that any such excision or alteration may have on the continuity of the ﬁlm or on its overall effect.
Compare: 1983 No 130 s 16(1)­(7); 1987 No 85 s 24(2)­(6) Classiﬁcation to apply only if excisions and alterations actually made Where, pursuant to subsection (2) or subsection (4) of section 33 of this Act, the Classiﬁcation Ofﬁce classiﬁes any ﬁlm as if certain excisions or alterations had been made to that ﬁlm,— That classiﬁcation shall apply in respect of that ﬁlm (a) only if those excisions or alterations are in fact made; and The Classiﬁcation Ofﬁce shall not direct the labelling body to issue a label in respect of that ﬁlm unless the Classiﬁcation Ofﬁce is satisﬁed that those excisions or alterations have been made.
(b) Compare: 1987 No 85 s 24(7) Provisions to apply to soundtracks Sections 32 to 34 of this Act, so far as they are applicable and with the necessary modiﬁcations, shall apply with respect to any soundtrack intended to accompany the viewing of any ﬁlm being examined.
Compare: 1983 No 130 s 16(11); 1987 No 85 s 24(8) (3) (4) (5) 34 35 38 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 36 Issue of labels Issue of labels in respect of ﬁlms 36 (1) Where the Classiﬁcation Ofﬁce has examined and classiﬁed a ﬁlm submitted to it pursuant to section 12 of this Act, the Clas­ siﬁcation Ofﬁce shall, subject to subsection (4) of this section and to section 34(b) of this Act, direct the labelling body to issue a label in respect of that ﬁlm.
(2) Where the Classiﬁcation Ofﬁce has examined and classiﬁed a ﬁlm submitted to it under section 13 or section 42 of this Act, or referred to it pursuant to section 29(1) or section 41(3) of this Act, the Classiﬁcation Ofﬁce may, subject to section 34(b) of this Act, if the Classiﬁcation Ofﬁce is satisﬁed that the ﬁlm is available for public supply or public exhibition, or is intended to be made available for public supply or public exhibition, direct the labelling body to issue a label in respect of that ﬁlm.
Every direction under subsection (1) or subsection (2) of this section shall specify, in respect of the ﬁlm,— (a) Either,— (i) Where the Classiﬁcation Ofﬁce has classiﬁed the ﬁlm as unrestricted, the rating to be assigned to that ﬁlm; or (3) (ii) Where the Classiﬁcation Ofﬁce has classiﬁed the ﬁlm as a restricted publication, the classiﬁcation of that ﬁlm; and (b) Where appropriate, the description to be assigned to that ﬁlm; and (c) Where, pursuant to section 27 of this Act, the Classiﬁ­ cation Ofﬁce has imposed conditions on the public dis­ play of the ﬁlm, or any ﬁlm poster relating to the ﬁlm, or both, those conditions.
(4) The Classiﬁcation Ofﬁce shall not direct the labelling body to issue a label in respect of any ﬁlm that the Classiﬁcation Ofﬁce has classiﬁed as objectionable.
(5) Where, under subsection (2) of this section, the Classiﬁcation Ofﬁce directs the labelling body to issue a label in respect of any ﬁlm, any label previously issued in respect of that ﬁlm by the labelling body, and any previous direction by the Classiﬁ­ 39 Part 3 s 36A Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 cation Ofﬁce to the labelling body to issue a label in respect of that ﬁlm, shall, for the purposes of this Act, be deemed to be cancelled.
Compare: 1987 No 85 s 25(2)­(6) 36A Issue of labels in respect of other publications that are (1) (2) classiﬁed as restricted publications This subsection applies to a publication (other than a ﬁlm) if the Classiﬁcation Ofﬁce has— (a) examined the publication and classiﬁed it as a restricted publication; and imposed pursuant to section 27(4)(a) a condition re­ quiring the classiﬁcation given to the publication to be shown when it is on public display.
(b) If subsection (1) applies to a publication, the Classiﬁcation Ofﬁce must direct the labelling body to issue in respect of the publication a label that speciﬁes the classiﬁcation given to the publication.
(3) Where, under subsection (2), or following an order under sec­ tion 55(1)(da), the Classiﬁcation Ofﬁce directs the labelling body to issue a label in respect of a publication, each of the following things is, for the purposes of this Act, deemed to be cancelled: (a) any label previously issued in respect of the publication by the labelling body; and any previous direction by the Classiﬁcation Ofﬁce to the labelling body to issue a label in respect of the publica­ tion.
(b) Section 36A was inserted, as from 21 May 2005, by section 13 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
Serial publications Serial publications 37 (1) Where it has been determined under this Act that no fewer than 3 issues of a serial publication that have been published within a period of not more than 12 months are objectionable or are restricted publications, the Classiﬁcation Ofﬁce may, where any issue of that publication is before the Classiﬁcation Ofﬁce for the purposes of this Part of this Act, make an order 40 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 37 (b) (c) (d) (b) (2) (3) (in this section called a serial publication order) in respect of that serial publication.
The Classiﬁcation Ofﬁce shall not make a serial publication order the effect of which is that issues of a serial publication will be treated as objectionable, unless the Classiﬁcation Of­ ﬁce is satisﬁed that, having regard to the issues of that serial publication that have been classiﬁed as objectionable, issues of that serial publication that are published while the order is in force would be likely to be classiﬁed as objectionable.
Every serial publication order— (a) Shall show whether the issues of the serial publication to which it relates are to be treated as objectionable or as restricted publications and, in the latter case, particulars of the classiﬁcation; and Shall come into force on the day after the date of its entry in the register; and Shall, unless sooner revoked, remain in force for such period, not exceeding 2 years, as is speciﬁed in the order; and Shall apply to every issue of that serial publication that is published while the order is in force.
(4) Where— (a) The Classiﬁcation Ofﬁce makes a serial publication order under which the issues of a serial publication are to be treated as restricted publications; and The Classiﬁcation Ofﬁce has imposed conditions pur­ suant to section 27 of this Act in respect of any one or more issues of that serial publication (being issues on the basis of which that serial publication order is made),— the Classiﬁcation Ofﬁce may include, as part of the terms of that order, such conditions on the public display of the issues to which the order applies, or any advertising posters relating to those issues, or both, as it would be empowered to impose pursuant to that section if those issues were classiﬁed as re­ stricted publications.
(5) While any serial publication order is in force in respect of any serial publication, no person shall do any act or thing in re­ lation to any issue to which the order applies (other than an 41 Part 3 s 38 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 issue that has been classiﬁed by the Classiﬁcation Ofﬁce or the Board) that would be an offence against any of sections 123 to 129 of this Act if that issue were an objectionable publication or a restricted publication, as the serial publication order may require.
(6) Where, pursuant to subsection (4) of this section, the Classiﬁ­ cation Ofﬁce, as part of any serial publication order, includes any condition on the public display of the issues to which the order applies, or any advertising posters relating to those issues, or both, then, while that serial publication order is in force in respect of that serial publication, no person shall do any act or thing in relation to any such issue or, as the case requires, any such advertising poster that would be an offence against section 130 of this Act if that issue were a restricted publication and that condition had been imposed pursuant to section 27 of this Act.
(8) (7) Nothing in subsection (6) of this section applies in respect of any issue that has been classiﬁed by the Classiﬁcation Ofﬁce or the Board.
The Classiﬁcation Ofﬁce may, on the application of any of the following persons, revoke or vary the terms of any serial publication order: (a) (b) (c) The applicant for the order: The Secretary: The owner, maker, publisher, or authorised distributor of the publication to which the order relates: (d) Any other person who satisﬁes the Chief Censor that the person is detrimentally affected by the existence of the order.
Compare: 1963 No 22 s 15A; 1972 No 136 s 5 Classiﬁcation decisions Decisions of Classiﬁcation Ofﬁce 38 (1) Where the Classiﬁcation Ofﬁce makes a decision in respect of any publication submitted to the Classiﬁcation Ofﬁce under section 13 or section 42 of this Act, the Classiﬁcation Ofﬁce shall give written notice of its decision to the person who sub­ mitted the publication to the Classiﬁcation Ofﬁce.
42 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 39 (2) Every notice under subsection (1) of this section shall spe­ cify— The reasons for the decision; and (a) (b) The classiﬁcation given to the publication; and (c) Where, pursuant to section 27 of this Act, the Classiﬁ­ cation Ofﬁce has imposed conditions on the public dis­ play of the publication, or any advertising poster or ﬁlm poster relating to the publication, or both, those condi­ tions; and in the case of a ﬁlm, the terms of any direction given to the labelling body under section 36 to issue a label in respect of that ﬁlm: in the case of a publication (other than a ﬁlm) that is the subject of a condition imposed pursuant to section 27(4)(a), the terms of any direction given to the la­ belling body under section 36A(2) to issue a label in respect of that publication.
(d) (e) (3) Every person shall, on request, and on payment of such fee (if any) as the Classiﬁcation Ofﬁce may determine, be entitled to a copy of any notice given pursuant to this section.

Compare: 1963 No 22 s 16(1); 1983 No 130 s 18; 1987 No 85 s 27 Subsection (2)(d) was substituted, as from 21 May 2005, by section 14 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
Subsection (2)(e) was inserted, as from 21 May 2005, by section 14 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

39 (1) (2) Register of Classiﬁcation Decisions The Chief Censor shall set up and maintain a Register of Clas­ siﬁcation Decisions.
The Chief Censor shall cause to be entered into the register, in respect of each publication examined by the Classiﬁcation Ofﬁce or the Board under this Act,— (a) The classiﬁcation given to the publication by the Clas­ siﬁcation Ofﬁce; and (b) Where that publication is examined by the Board, the classiﬁcation given to the publication by the Board; and Such other particulars as may be prescribed.
(c) 43 Part 3 s 40 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 The register shall be open to inspection by the public during ordinary ofﬁce hours.
Compare: 1983 No 130 s 21; 1987 No 85 s 28; 1990 No 58 s 5; 1990 No 59 s 6 Classiﬁcation Ofﬁce to publish list of decisions The Classiﬁcation Ofﬁce shall, not later than the 10th working day of every month, produce a list, in alphabetical order, of the publications that, during the month immediately preceding the month in which the list is produced, have been examined by the Classiﬁcation Ofﬁce or the Board and in respect of which the Classiﬁcation Ofﬁce or the Board has made a decision.
Every list produced in accordance with subsection (1) of this section shall contain— (a) Such particulars of the publications listed in it as may be prescribed; and Such decisions of the Board as are required, pursuant to section 55(1)(e)(ii) of this Act, to be published by the Classiﬁcation Ofﬁce.

(b) The list produced in accordance with subsection (1) of this section shall be kept by the Classiﬁcation Ofﬁce, and shall be open to inspection by the public during ordinary ofﬁce hours.
Every person shall, on request, and on payment of such fee (if any) as the Classiﬁcation Ofﬁce may determine, be entitled to a copy of any list produced in accordance with subsection (1) of this section.
Compare: 1983 No 130 s 21A; 1987 No 85 s 28A; 1990 No 58 s 6; 1990 No 59 s 6 Decisions to be conclusive evidence Subject to subsection (2) of this section and to sections 42, 47, and 58 of this Act, a subsisting decision of the Classiﬁcation Ofﬁce or of the Board in respect of any publication is conclu­ sive evidence in any proceedings that the publication— (a) (b) (c) Is not objectionable; or Is objectionable; or Is objectionable except in any one or more of the fol­ lowing circumstances, as speciﬁed in the decision: (i) If the availability of the publication is restricted to persons who have attained a speciﬁed age: (3) 40 (1) (2) (3) (4) 41 (1) 44 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 42 (ii) (iii) If the availability of the publication is restricted to speciﬁed persons or classes of persons: If the publication is used for one or more speci­ ﬁed purposes.
(2) Where any person is charged with an offence against this Act or any other enactment, nothing in subsection (1) of this sec­ tion shall prevent that person from challenging any decision of the Classiﬁcation Ofﬁce or the Board in respect of any pub­ lication if not less than 1 year has elapsed since that decision was, in accordance with section 40(3), ﬁrst made open to in­ spection by the public in a list produced in accordance with section 40(1).
(3) Where subsection (2) of this section applies in respect of any decision of the Classiﬁcation Ofﬁce or the Board, the court shall, at the request of the person so charged, refer the deci­ sion to the Classiﬁcation Ofﬁce for reconsideration, or to the Board where the decision to be reconsidered is a decision of the Board.
Compare: 1963 No 22 s 18(1), (2); 1987 No 85 s 29 Subsection (2) was amended, as from 22 February 2005, by section 15 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the words “, in accordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1)” for the words “recorded in any list produced in accordance with section 40 of this Act”.
Reconsideration of publications 42 (1) Any person may, with the leave of the Chief Censor, submit any publication to the Classiﬁcation Ofﬁce for reconsideration of the last decision of the Classiﬁcation Ofﬁce or the Board in respect of that publication if not less than 3 years have elapsed since that decision was, in accordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1), and the Classiﬁcation Ofﬁce may alter or conﬁrm the previous decision.
(2) Any owner, maker, publisher, or authorised distributor of a publication may submit that publication to the Classiﬁcation Ofﬁce for reconsideration of the last decision of the Classiﬁ­ cation Ofﬁce or the Board in respect of that publication if not less than 3 years have elapsed since that decision was, in ac­ 45 Part 3 s 43 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 cordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1), and the Classiﬁcation Ofﬁce may alter or conﬁrm the previous decision.
(3) Notwithstanding that the period speciﬁed in subsection (1) or subsection (2) of this section has not expired, any person may, with the leave of the Chief Censor, submit any publication to the Classiﬁcation Ofﬁce for reconsideration of any decision made in respect of it within the period referred to in those subsections if— (a) In the case of a ﬁlm, the ﬁlm has been substantially altered since that decision; or The Chief Censor is satisﬁed that there are special cir­ cumstances justifying reconsideration of the decision.
Compare: 1963 No 22 s 20; 1983 No 130 s 19; 1987 No 85 s 30; 1990 No 59 s 6(2) (b) Subsections (1) and (2) were amended, as from 22 February 2005, by section 16 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the words “, in accordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1)” for the words “recorded in any list produced in accordance with section 40 of this Act”.
Film posters 43 Film posters Where, in accordance with regulations made under this Act, the Classiﬁcation Ofﬁce refuses to approve any ﬁlm poster used or intended to be used in relation to the public supply or public exhibition of any ﬁlm submitted to the Classiﬁca­ tion Ofﬁce under section 12 or section 13 of this Act, sections 29(3), 39(2), 41, and 42 of this Act shall apply, with all neces­ sary modiﬁcations, to the decision of the Classiﬁcation Ofﬁce.
Exemptions Applications for exemption 44 (1) Where any publication has been classiﬁed under this Act as an objectionable publication or a restricted publication, any person may apply to the Classiﬁcation Ofﬁce for an exemption from the provisions of this Act in respect of that publication.
46 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 3 s 45 (2) Every application shall be in the form provided for that pur­ pose by the Chief Censor and shall be accompanied by the prescribed fee (if any).
(3) On receiving an application under this section in relation to a (b) publication, the Classiﬁcation Ofﬁce,— (a) After taking into account the matters referred to in sec­ tion 3 of this Act; and If it is satisﬁed that the publication should be made available to a limited class of persons or to a particular person for educational, professional, scientiﬁc, literary, artistic, or technical purposes,— (4) (5) may exempt that class of persons or that person from the pro­ visions of this Act in respect of that publication for such period as the Classiﬁcation Ofﬁce thinks ﬁt.
For the purposes of making a decision on any application under this section, section 21 of this Act, so far as applicable and with all necessary modiﬁcations, shall apply as if the Classiﬁcation Ofﬁce were examining the publication to which the application relates for the purposes of classiﬁcation.
The Classiﬁcation Ofﬁce shall not decline an application under this section without giving the applicant— (a) A copy of any information on which the Classiﬁcation Ofﬁce relies in proposing to decline the application; and (b) A reasonable opportunity to make written submissions to the Classiﬁcation Ofﬁce in relation to that informa­ tion.
(6) An exemption under this section may be granted absolutely, or subject to such conditions as may be speciﬁed in any regula­ tions made under this Act or as may be imposed by the Clas­ siﬁcation Ofﬁce.

Compare: 1963 No 22 s 31(1); 1987 No 85 s 64(1) Notiﬁcation of decision 45 (1) Where the Classiﬁcation Ofﬁce makes a decision in respect of any application made under section 44 of this Act, the Classi­ ﬁcation Ofﬁce shall give written notice of its decision to the applicant.
47 Part 3 s 46 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (2) 46 Every notice under subsection (1) of this section shall spe­ cify— (a) (b) The reasons for the decision; and If the exemption has been granted, the terms of the ex­ emption, including— (i) The period for which the exemption is to con­ tinue; and The conditions (if any) to which the exemption is subject.
(ii) Burden of proof In any prosecution for an offence against this Act, the bur­ den of proving that the defendant was exempted under section 44 of this Act and was acting in accordance with the terms of the exemption shall be on the defendant.
Compare: 1963 No 22 s 31(2); 1987 No 85 s 64(2) Part 4 Review of classiﬁcation decisions Applications for review Right of review 47 (1) Any of the persons speciﬁed in subsection (2) of this section who are dissatisﬁed with any decision of the Classiﬁcation Of­ ﬁce with respect to the classiﬁcation of any publication shall be entitled, on application, to have the publication reviewed by the Board.
The following persons may seek a review under subsection (1) of this section: (a) Where the publication has been submitted to the Clas­ siﬁcation Ofﬁce pursuant to section 13 or section 42 of this Act, the person who submitted that publication: (2) (b) Where the publication has been submitted to the Classi­ ﬁcation Ofﬁce by the labelling body pursuant to section 12 of this Act, the labelling body: (c) Where the publication has been referred to the Classi­ ﬁcation Ofﬁce by a court pursuant to section 29(1) or section 41(3) of this Act, any party to the proceeding in respect of which that referral was made: 48 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 4 s 48 (3) (d) In all cases, the owner, maker, publisher, or authorised distributor of the publication: (e) With the leave of the Secretary, any other person.
Every application for the leave of the Secretary under subsec­ tion (2)(e) must— (a) (b) be made in the prescribed manner; and be lodged with the Secretary before the deadline speci­ ﬁed in subsection (3A).
(4) (3A) The deadline referred to in subsection (3)(b) is the end of or­ dinary ofﬁce hours on the 20th working day after the day on which the relevant decision of the Classiﬁcation Ofﬁce is, in accordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1).
For the purposes of this section, a decision of the Classiﬁcation Ofﬁce under section 27 of this Act to impose any condition on the public display of any restricted publication, or any adver­ tising poster or ﬁlm poster relating to a restricted publication, or both, or a refusal or failure to impose any such condition, or any particular such condition, under that section, shall be deemed to be a decision with respect to the classiﬁcation of that publication.
Compare: 1983 No 130 s 30; 1987 No 85 s 36 Subsection (3) was substituted, as from 22 February 2005, by section 17(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

See section 17(2) of that Act as to this amendment applying only in respect of a decision of the Classiﬁcation Ofﬁce made as from 22 February 2005.

Subsection (3A) was inserted, as from 22 February 2005, by section 17(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
See section 17(2) of that Act as to this amendment applying only in respect of a decision of the Classiﬁcation Ofﬁce made as from 22 February 2005.

48 (1) Applications for review Every application for a review under section 47 of this Act shall— (a) (b) Be in the prescribed form; and be lodged with the Secretary before the relevant dead­ line speciﬁed in section 48A; and Be accompanied by the prescribed fee (if any).
(c) 49 Part 4 s 48A Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (2) On receiving under this section an application for review the Secretary must, if satisﬁed that it complies with subsection (1), forward it forthwith to the President of the Board.
Compare: 1983 No 130 s 31; 1987 No 85 s 37; 1990 No 58 s 8(2)(a); 1990 No 59 s 6(2) Subsection (1)(b) was substituted, as from 22 February 2005, by section 18(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

See section 18(3) of that Act as to this amendment applying only in respect of a decision of the Classiﬁcation Ofﬁce made as from 22 February 2005.
Subsection (2) was substituted, as from 22 February 2005, by section 18(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

See section 18(3) of that Act as to this amendment applying only in respect of a decision of the Classiﬁcation Ofﬁce made as from 22 February 2005.
48A Deadline for lodging applications for review The deadline referred to in section 48(1)(b) is,— (a) if the person concerned requires the leave of the Secre­ tary under section 47(2)(e) in order to seek the review, the end of ordinary ofﬁce hours on whichever is the later of the following: (i) the 5th working day after the day on which that leave is granted by the Secretary; or the 30th working day after the day on which the relevant decision of the Classiﬁcation Ofﬁce is, in accordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1); and (ii) (b) in every other case, the end of ordinary ofﬁce hours on the 30th working day after the day on which the rele­ vant decision of the Classiﬁcation Ofﬁce is, in accord­ ance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with sec­ tion 40(1).
Section 48A was inserted, as from 22 February 2005, by section 19(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

See section 18(3) of that Act as to this amendment applying only in respect of a decision of the Classiﬁcation Ofﬁce made as from 22 February 2005.
50 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 4 s 50 Interim restrictions on review Interim restriction orders 49 (1) Any person who is entitled, under section 53(2) of this Act, to make written submissions to the Board in relation to a publi­ cation submitted for review under section 47 of this Act may, at any time before the review is completed, apply to the Presi­ dent of the Board for an interim restriction order in respect of the publication to which the review relates, and the President may, if satisﬁed that it is in the public interest to do so, make such an order accordingly.
Every application under subsection (1) of this section shall be dealt with as soon as practicable.

(2) (3) While an interim restriction order is in force, no person who has knowledge of the making of that order shall do any act or thing in relation to the publication to which the order relates that would be an offence against paragraph (c) or paragraph (d) or paragraph (e) of section 123(1) of this Act or against section 127 or section 129 of this Act if that publication were an objectionable publication.
Compare: 1963 No 22 s 14B; 1977 No 79 s 3; 1983 No 130 s 45 50 (1) Notiﬁcation of interim restriction order Every interim restriction order shall be published in the Gazette.
(2) As soon as reasonably practicable after an interim restriction order is made, the person on whose application the order is made shall— (a) Advertise the making of the order, in such manner as the President of the Board shall direct; and Serve notice of the making of the order on such persons or classes of persons as the President of the Board shall direct.
(b) (3) Every person on whom notice of the making of an interim restriction order is served shall, if that person has furnished the publication to which the order relates to any other person for distribution, exhibition, or supply, give, where practicable 51 Part 4 s 51 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 and as soon as reasonably practicable, a notice of the making of the order to that other person.
Compare: 1963 No 22 ss 14A(6), (7), 14B(4); 1972 No 136 s 3; 1977 No 79 s 3 Duration and revocation of interim restriction order Every interim restriction order shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the review of the publication to which the order relates is completed by the Board.
The President of the Board may, on the application of any of the following persons, or on the President’s own motion, re­ voke an interim restriction order: The applicant for the order: (a) The owner, maker, publisher, or authorised distributor (b) of the publication to which the order relates: Any other person who satisﬁes the President of the Board that the person is detrimentally affected by the existence of the order.
(c) Every order under this section that revokes an interim restric­ tion order shall be published in the Gazette, and shall be ad­ vertised in such manner, and notiﬁed to such persons, as the President of the Board shall direct.

Compare: 1963 No 22 s 14B(3); 1977 No 79 s 3 Conduct of reviews Conduct of reviews Every review under this Part of this Act shall be conducted as soon as practicable.
Every review under this Part of this Act shall be by way of re­examination of the publication by the Board without regard to the decision of the Classiﬁcation Ofﬁce.

The Board shall examine any publication submitted to it under section 47 of this Act to determine the classiﬁcation of the publication.

In determining the classiﬁcation of any publication, the Board shall take into account the matters referred to in sections 3 to 3D.
Compare: 1983 No 130 s 33(1)­(3); 1987 No 85 s 38(1)­(3) 51 (1) (2) (3) 52 (1) (2) (3) (4) 52 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 4 s 54 Section 52(4): amended, on 20 September 2007, by section 4 of the Films, Videos, and Publications Classiﬁcation Amendment Act 2007 (2007 No 58).
53 (1) (2) (3) Procedure Except as provided in subsections (2) to (4) of this section or in section 54 of this Act, neither the applicant for review nor any other person shall have the right to appear before, or to be heard by, or to make submissions to, the Board in respect of any review.
The following persons shall be entitled to make written sub­ missions to the Board in relation to a publication submitted for review: (a) (b) The applicant for review: If the applicant for review is a party to the proceeding referred to in section 47(2)(c) of this Act, every other party to that proceeding: Any other person who satisﬁes the Board that the person is likely to be affected by the Board’s decision.
The Board may, on the application of any person who is en­ titled to make written submissions to the Board in respect of the review, or on its own motion, hold a hearing for the pur­ poses of hearing oral submissions in respect of any review.
(c) (4) At any hearing held by the Board under subsection (3) of this section, the following persons shall be entitled to appear and be heard, and may, with the leave of the Board, be represented by counsel or some other duly authorised person: (a) Any person who is entitled to make written submissions to the Board in respect of the review: (b) Any person who is invited, pursuant to any of subsec­ tions (2) to (4) of section 54 of this Act, to make sub­ missions to the Board in respect of the review.
Compare: 1983 No 130 s 33(4); 1987 No 85 s 38(4) 54 (1) Consultation For the purposes of any review under this Part of this Act, the Board shall have the same power to consult any person (in­ cluding the Classiﬁcation Ofﬁce), invite written submissions, obtain information, and make inquiries as is conferred on the Classiﬁcation Ofﬁce by section 21 of this Act.
53 Part 4 s 55 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (2) (3) (4) If the Board consults the person submitting the publication for review, or receives written submissions from that person or any other person in accordance with section 53(2) of this Act, it shall notify the Classiﬁcation Ofﬁce of that fact, and invite the Classiﬁcation Ofﬁce to make submissions to the Board in relation to that publication.
If the Board consults the Classiﬁcation Ofﬁce otherwise than on purely technical matters, it shall notify the person submit­ ting the publication for review, and, if that person is a party to the proceeding referred to in section 47(2)(c) of this Act, every other party to that proceeding, that it has done so, and invite that person and every other such party to make submissions to the Board in relation to that publication.
If the Board consults any person who is a party to the proceed­ ing referred to in section 47(2)(c) of this Act, it shall notify the Classiﬁcation Ofﬁce, and every other person who is a party to that proceeding, that it has done so, and invite the Classiﬁca­ tion Ofﬁce and those persons to make submissions to the Board in relation to that publication.
Compare: 1983 No 130 s 33(5); 1987 No 85 s 38(5)­(7) Decision of Board 55 (1) After examining any publication submitted to it for review, the Board shall— (a) Classify the publication in accordance with section 23(2) of this Act; and (b) Where the Board has classiﬁed the publication as a re­ stricted publication, determine in accordance with sec­ tion 27 of this Act whether or not conditions should be imposed in respect of the public display of that publica­ tion, or any advertising poster or, as the case requires, any ﬁlm poster relating to the publication, or both, and if so, what conditions; and Give written notice of its decision, and of the reasons for its decision, to— (i) (ii) (iii) The applicant for review; and The Classiﬁcation Ofﬁce; and If the review is in respect of a publication referred to the Classiﬁcation Ofﬁce by a court pursuant (c) 54 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 4 s 56 to section 29 or section 41(3) of this Act, to that court; and (d) Where the review is in respect of a ﬁlm submitted to the Classiﬁcation Ofﬁce pursuant to section 12 of this Act, order the Classiﬁcation Ofﬁce to direct the labelling body to issue a label in respect of that ﬁlm pursuant to section 36 of this Act; and (e) (da) where the review is in respect of a publication (other than a ﬁlm) and the Board imposes a condition pur­ suant to section 27(4)(a), order the Classiﬁcation Ofﬁce to direct the labelling body, in accordance with section 36A(2), to issue a label
 in respect of the publication; and Direct the Classiﬁcation Ofﬁce— (i) (ii) To enter the Board’s decision in the register; and To publish that decision in the next list produced, in accordance with section 40 of this Act, after the end of the month in which that direction is given.
(2) Notwithstanding anything in subsection (1) of this section, on any review of a publication, the Board shall have the same powers as are conferred on the Classiﬁcation Ofﬁce by this Act (other than the powers conferred by section 37 of this Act).
(3) Where the Board makes any determination in relation to any publication submitted to it under section 47 of this Act, the decision of the Classiﬁcation Ofﬁce in relation to that publi­ cation (including any conditions imposed under section 27 of this Act), and the classiﬁcation given to that publication by the Classiﬁcation Ofﬁce, shall, for the purposes of this Act, be deemed to be cancelled.
Compare: 1983 No 130 s 33(6), (7); 1987 No 85 s 38(8)­(10); 1990 No 58 s 9; 1990 No 59 s 7 Subsection (1)(da) was inserted, as from 21 May 2005, by section 20 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
56 Reconsideration of decisions referred under section 41(3) Where, under section 41(3) of this Act, a court refers to the Board for reconsideration any decision of the Board in respect of any publication, the Board shall carry out that reconsider­ ation as if it were a review of that publication under section 55 Part 4 s 57 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 52 of this Act, and the provisions of sections 53 to 55 of this Act, so far as they are applicable and with the necessary modi­ ﬁcations, shall apply with respect to any such reconsideration.
Compare: 1987 No 85 s 39 57 Board may state case for High Court The Board may, on its own motion, state a case for the opinion of the High Court on any question of law arising in any matter before the Board.
Compare: 1983 No 130 s 36; 1987 No 85 s 40; 1991 No 60 s 3(4) Part 5 Appeals Appeal to High Court 58 Appeal against decision of Board on question of law (1) Where the Board makes any determination in respect of any publication referred to it under section 41(3) of this Act, or submitted to it under section 47 of this Act, any of the persons speciﬁed in subsection (2) of this section who are dissatisﬁed with that determination as being erroneous in point of law may appeal to the High Court on that question of law.
The following persons may appeal under subsection (1) of this section: (a) The person who sought the review, by the Board, of the publication in respect of which the determination was made: (2) (b) Where the determination was made in respect of any publication referred to the Board under section 41(3) of this Act, any party to the proceeding in respect of which that referral was made: (c) Where the review by the Board was sought pursuant to paragraph (c) of section 47(2) of this Act, any party to the proceeding referred to in that paragraph: The owner, maker, publisher, or authorised distributor of the publication in respect of which the determination was made.
(d) 56 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 5 s 59 (3) 59 (1) (2) (3) (4) (5) Subject to this Part of this Act, every appeal under this section shall be dealt with in accordance with rules of Court.

Compare: 1983 No 130 s 37; 1987 No 85 s 41; 1990 No 58 s 8(2)(b); 1991 No 60 s 3(4) The Registrar of the High Court at Wellington; and The Secretary.
Notice of appeal Every appeal under section 58 of this Act shall be instituted by the appellant lodging a notice of appeal, within 20 working days after the date of the determination, with— (a) (b) Subject to section 60 of this Act, either before or immediately after the lodging of the notice of appeal the appellant shall serve a copy of the notice of appeal, either personally or by post, on every other person who would have been entitled to appeal under section 58 of this Act against the determination in respect of which the appeal has been brought.
Service under subsection (2) of this section, if by post, shall be by registered letter and shall, for the purposes of this section, be deemed in the absence of evidence to the contrary to be effected at the time when the letter would be delivered in the ordinary course of post.
Every notice of appeal shall specify— (a) The determination or the part of the determination ap­ pealed from; and The error of law alleged by the appellant; and The question of law to be resolved; and The grounds of the appeal, which grounds shall be spe­ ciﬁed with such reasonable particularity as to give full advice to both the Court and the other parties of the issues involved.
(b) (c) (d) The Secretary shall, as soon as practicable after receiving a no­ tice of appeal, send a copy of the whole of the determination appealed against to the Registrar of the High Court at Welling­ ton.
Compare: 1983 No 130 s 38; 1987 No 85 s 42; 1990 No 58 s 8(3) 57 Part 5 s 60 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 60 61 (1) (2) Court may dispense with service Where any person cannot be served with a notice of appeal in accordance with section 59(2) of this Act, the High Court or a Judge of that Court may, on such terms and conditions as the Court or Judge thinks ﬁt, dispense with service on that person.
Compare: 1989 No 24 s 155 Right of other parties to appear and be heard on appeal If any of the persons on whom a copy of the notice of appeal is required to be served under section 59(2) of this Act wishes to appear and be heard on the hearing of the appeal, that person shall, within 10 working days after the date of the service of that copy on that person, lodge with the Registrar of the High Court at Wellington a notice of that person’s intention to ap­ pear and be heard.
If any such person gives a notice of intention to appear and be heard, that party and the appellant shall be parties to the appeal and shall be entitled— (a) To be served with every document that, after the giving of the notice, is ﬁled or lodged with the Registrar relat­ ing to the appeal; and To receive a notice of the date set down for the hearing of the appeal.
(b) Compare: 1983 No 130 s 39; 1987 No 85 s 43; 1990 No 58 s 8(4) Appeal in respect of additional points of law 62 (1) Where any party to an appeal under section 58 of this Act other than the appellant wishes to contend at the hearing of the appeal that the determination appealed from is erroneous on a point of law other than those set out in the notice of appeal, that party shall, within 20 working days after the date of the service on that party of a copy of the notice of appeal, lodge a notice to that effect with the Registrar of the High Court at Wellington.
The provisions of section 58, subsections (2) to (4) of section 59, section 60, and sections 63 to 66 of this Act shall apply, with any necessary modiﬁcations, to any notice lodged under this section as if it were a notice of appeal.
Compare: 1983 No 130 s 42; 1987 No 85 s 46 (2) 58 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 5 s 64 63 (1) Orders relating to determination of appeals Subject to subsections (2) and (3) of this section, the High Court may, on its own motion or on the application of any party to the appeal, make all or any of the following orders: (a) An order directing the Secretary to lodge with the Registrar of the High Court at Wellington any docu­ ment or other written material or any exhibit in the possession or custody of the Secretary: (b) An order directing the Secretary to lodge with the Registrar a report recording, in respect of any matter or issue that the Court may specify, any of the ﬁndings of fact of the Board that are not set out, or fully set out, in its determination: An order directing the Secretary to lodge with the Registrar a report setting out, in respect of any matter or issue that the Court may specify, any reasons or considerations of the Board to which the Board had regard but that are not set out in its determination.
(c) (2) An application under subsection (1) of this section shall be made,— (a) (b) In the case of the appellant, within 20 working days after the date of the lodging of the notice of appeal; or In the case of any other party to the appeal, within 20 working days after the date of the service on that party of a copy of the notice of appeal.
(3) 64 The High Court may make an order under subsection (1) of this section only if it is satisﬁed that a proper determination of the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks ﬁt.
Compare: 1983 No 130 s 40; 1987 No 85 s 44 Dismissal of appeal The High Court may dismiss any appeal under section 58 of this Act— (a) If the appellant does not appear at the time appointed for the hearing of the appeal; or 59 Part 5 s 65 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 65 66 (b) If the appellant does not prosecute the appeal with all due diligence and any other party applies to the Court for the dismissal of the appeal.
Compare: 1983 No 120 s 41; 1987 No 85 s 45 Extension of time The High Court or a Judge of the High Court may, in its or that Judge’s discretion, on the application of the appellant or intending appellant, or any other party, extend any time pre­ scribed or allowed under any of the provisions of sections 59 to 64 of this Act for the lodging of any notice, application, or other document.
Compare: 1983 No 130 s 43; 1987 No 85 s 47 Date of hearing When any party to the appeal notiﬁes the Registrar of the High Court at Wellington— (a) That the notice of appeal has been served in accordance with section 59(2) of this Act (or, where service has been dispensed with under section 60 of this Act, that any terms and conditions on which that dispensation was granted have been complied with); and Either— (i) That no application has been lodged under sec­ tion 63 of this Act and that no order has been made under that section; or That any application lodged under section 63 of this Act has been heard and that any order under that section has been complied with,— (ii) (b) the appeal shall be, in all respects, ready for hearing and the Registrar shall arrange a date for the hearing as soon as is prac­ ticable.
Compare: 1983 No 130 s 44; 1987 No 85 s 48 Interim restrictions on appeal Imposition of interim restrictions on appeal 67 (1) Any party to an appeal under section 58 of this Act may apply on notice to the High Court or a Judge of that Court for an interim restriction order in respect of the publication that is the 60 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 5 s 69 subject of the appeal, and the Court or Judge may, if satisﬁed that it is in the public interest to do so, make such an order accordingly.
Every application under subsection (1) of this section shall be dealt with as soon as practicable.

(2) (3) While an interim restriction order is in force, no person who has knowledge of the making of that order shall do any act or thing in relation to the publication to which the order relates that would be an offence against paragraph (c) or paragraph (d) or paragraph (e) of section 123(1) of this Act or against section 127 or section 129 of this Act if that publication were an objectionable publication.
Compare: 1963 No 22 ss 14A, 14B; 1972 No 136 s 3; 1977 No 79 s 3; 1983 No 130 s 45; 1987 No 85 s 49 68 (1) Notiﬁcation of interim restriction order Every interim restriction order shall be published in the Gazette.
(2) As soon as reasonably practicable after an interim restriction order is made, the person on whose application the order is made shall— (a) (b) Advertise the making of the order, in such manner as the High Court or a Judge of that Court shall direct; and Serve notice of the making of that order on such persons or classes of persons as the Court or Judge shall direct.
Every person on whom notice of the making of an interim restriction order is served shall, if that person has furnished the publication to which the order relates to any other person for distribution, exhibition, or supply, give, where practicable and as soon as reasonably practicable, a notice of the making of the order to that other person.
Compare: 1963 No 22 ss 14A(6), (7), 14B(4); 1972 No 136 s 3; 1977 No 79 s 3; 1987 No 85 s 49(4), (5) (3) 69 (1) Duration and revocation of interim restriction order Every interim restriction order shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the appeal is ﬁnally determined by the High Court.
61 Part 5 s 70 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 The High Court or a Judge of that Court may, on the applica­ tion on notice of any of the following persons, or on the Court’s or the Judge’s own motion, revoke an interim restriction order: (a) (b) Any other party to the appeal: (c) The owner, maker, publisher, or authorised distributor of the publication to which the order relates: The applicant for the order: (d) Any other person who satisﬁes the High Court or a Judge of that Court that the person is detrimentally af­ fected by the existence of the order.
Every order under this section that revokes an interim restric­ tion order shall be published in the Gazette, and shall be ad­ vertised in such manner, and notiﬁed to such persons, as the Court or a Judge directs.
Compare: 1963 No 22 s 14B(3); 1977 No 79 s 3; 1987 No 85 s 49(6) Appeal to Court of Appeal Appeal against decision of High Court If any party to the proceedings before the High Court under this Part of this Act is dissatisﬁed with any ﬁnal determination of the Court in respect of the appeal as being erroneous in point of law, that party may appeal to the Court of Appeal for the opinion of that Court on that question of law.
Every such appeal shall be heard and determined in accord­ ance with rules of Court.
Compare: 1983 No 130 s 46; 1987 No 85 s 50 Part 6 Bodies Labelling body Functions of labelling body The functions of the labelling body are as follows: (a) In accordance with regulations made under this Act,— To assign a rating to any ﬁlm referred to it for the (i) issue of a label: (ii) Where appropriate, to assign a description to any such ﬁlm to indicate whether it contains anti­so­ (2) (3) 70 (1) (2) 71 62 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 6 s 72 (b) (ba) cial behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour: To issue in respect of any such ﬁlm a label that contains the rating and description (if any) assigned to that ﬁlm: to issue, on an application under section 9(1) in respect of the ﬁlm and in accordance with regulations made under this Act, but without a direction of the Classiﬁ­ cation Ofﬁce under section 36, labels (containing the classiﬁcation of, and any description assigned to, the item) in respect of a ﬁlm— (i) an item on which has been classiﬁed under this Act as a restricted publication; and all other material on which is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating: (ii) (bb) (c) to issue, at the direction of the Classiﬁcation Ofﬁce under section 36 or section 36A(2), and in accordance with regulations made under this Act, labels in respect of the following publications: (i) (ii) a ﬁlm to which section 36(1) or (2)
 applies: a publication (other than a ﬁlm) that is the sub­ ject of a condition imposed pursuant to section 27(4)(a): To examine, in accordance with regulations made under this Act, any ﬁlm poster used or intended to be used in relation to the public supply or public exhibition of any ﬁlm.
Compare: 1987 No 85 s 11 Paragraphs (ba) and (bb) were inserted, as from 21 May 2005, by section 21 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

72 (1) Approval of labelling body Subject to this section, the Minister may from time to time, on application made to the Minister in accordance with section 73 of this Act, approve any body or organisation to act as the labelling body for the purposes of this Act.
(2) An approval under this section shall— 63 Part 6 s 73 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (a) (b) Be made by notice published in the Gazette, and shall take effect from the date of such notice or such later date as may be speciﬁed in the notice; and Continue in force until it is revoked under section 75 of this Act.

(3) (4) The Minister may grant an approval under this section subject to such conditions as the Minister thinks ﬁt.
The Minister shall not approve a body or organisation under this section unless the Minister is satisﬁed that— (a) The body or organisation is representative of the follow­ ing persons: (i) Persons engaged in the distribution or public sup­ ply of ﬁlms in New Zealand; and Persons engaged in the production of ﬁlms in New Zealand; and (ii) (b) (c) (iii) Persons engaged in the public exhibition of ﬁlms in New Zealand; and The body or organisation is capable of implementing a system to assign a rating and description to any ﬁlm referred to it for the issue of a label; and The body or organisation will take all reasonable steps to ensure that notice of the rating and description as­ signed to any such ﬁlm is disseminated to persons en­ gaged in the production, distribution, public exhibition, or public supply of ﬁlms.
(5) The Minister shall not decline an application for approval under this section without ﬁrst giving the applicant— (a) A copy of any information on which the Minister relies in proposing to decline the application; and (b) A reasonable opportunity to make written submissions to the Minister in relation to that information.
Compare: 1987 No 85 s 7 Application for approval as labelling body 73 (1) An application for approval as the labelling body under section 72 of this Act shall specify— (a) The constitution and rules of the body or organisation seeking approval; and 64 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 6 s 74 (2) 74 (1) (2) (b) The procedure by which that body or organisation pro­ poses to carry out the functions of the labelling body under this Act.
In addition to the particulars required under subsection (1) of this section, the Minister may, for the purposes of deciding whether or not to grant an approval under section 72 of this Act, require any body or organisation that applies for an ap­ proval to furnish to the Minister such further information as the Minister requires relating to any of the matters speciﬁed in paragraphs (a) to (c) of section 72(4) of this Act.
Compare: 1987 No 85 s 9 Community representatives For the purpose of ensuring that the interests of the general public are taken into account in the labelling of ﬁlms under this Act, the Minister shall, by notice in the Gazette, appoint one or more persons to participate in the carrying out, by the labelling body, of its functions under this Act.
The Minister must make an appointment under subsection (1)— (a) On approving any body or organisation as the labelling body under section 72; and (b) Whenever in the Minister’s opinion an appointment is necessary to achieve the purpose stated in subsection (1).

(3) An appointment under subsection (1) of this section may be made only on the recommendation of the Minister of Con­ sumer Affairs, which recommendation may be made only af­ ter consultation by that Minister with the Minister of Women’s Affairs.
(4) A person appointed under subsection (1) of this section shall continue to hold ofﬁce under that subsection until that person dies, or resigns by notice in writing to the Minister, or that person’s appointment is revoked under subsection (5) of this section, or the approval of the body or organisation as the la­ belling body is revoked under section 75 of this Act.
The Minister may at any time, by notice in the Gazette, revoke the appointment of any person under subsection (1) of this (5) 65 Part 6 s 75 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 section, and that person shall, on the day of the publication of the notice, cease to hold ofﬁce under that subsection.
Every appointment made under subsection (1) of this section shall, as long as that appointment continues, be reviewed by the Minister at intervals of not more than 3 years.

The powers of the labelling body under this Act shall not be affected by the fact that, at any particular time, no person holds ofﬁce under subsection (1) of this section.
Compare: 1987 No 85 s 10 Subsection (2) was substituted, as from 3 June 1998, by section 2 Films, Videos, and Publications Classiﬁcations Amendment Act 1998 (1998 No 45).
Revocation of approval Subject to subsection (2) of this section, the Minister may at any time, by notice in writing published in the Gazette, revoke an approval given under section 72 of this Act if the Minister is satisﬁed that the labelling body— (a) No longer meets all of the requirements for approval speciﬁed in paragraphs (a) to (c) of section 72(4) of this Act; or (b) Has failed to comply with any condition imposed by the (c) Minister on that body’s approval; or Has failed to comply with any obligation imposed on the labelling body by or under this Act.
The Minister shall not revoke any approval pursuant to sub­ section (1) of this section unless the labelling body has ﬁrst been given an opportunity to be heard.

Compare: 1987 No 85 s 8 Ofﬁce of Film and Literature Classiﬁcation Ofﬁce of Film and Literature Classiﬁcation There shall be an ofﬁce called the Ofﬁce of Film and Literature Classiﬁcation.

The Ofﬁce of Film and Literature Classiﬁcation is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
The Crown Entities Act 2004 applies except to the extent that this Act expressly provides otherwise.

(6) (7) 75 (1) (2) 76 (1) (2) (3) 66 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 6 s 77 Subsections (2) and (3) were substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
77 (1) (2) (c) (b) (d) Functions of Classiﬁcation Ofﬁce The functions of the Classiﬁcation Ofﬁce are as follows: (a) To determine the classiﬁcation of any publication sub­ mitted to it under this Act: To determine any question relating to the character of a publication referred to it by a court pursuant to section 29(1) or section 41(3) of this Act in any civil or crim­ inal proceedings (including proceedings under section 116 of this Act): To determine, in accordance with section 27 of this Act, whether or not, in the case of any publication classi­ ﬁed as a restricted publication, conditions should be im­ posed in respect of the public display of that publica­ tion, or any advertising poster or, as the case requires, any ﬁlm poster relating to the publication, or both, and if so, what conditions: To examine, in accordance with regulations made under this Act, any ﬁlm poster used or intended to be used in relation to the public supply or public exhibition of any ﬁlm submitted to the Classiﬁcation Ofﬁce under section 12 or section 13 of this Act: To determine any application made under section 44 of this Act for an exemption from the provisions of this Act in respect of any publication: To exercise and perform such other functions, powers, and duties as are conferred or imposed on the Classiﬁca­ tion Ofﬁce by or under this Act or any other enactment.
Except as expressly provided otherwise in this or another Act, the Classiﬁcation Ofﬁce must act independently in performing its statutory functions and duties, and exercising its statutory powers, under— (a) (b) this Act; and any other Act that expressly provides for the functions, powers, or duties of the Classiﬁcation Ofﬁce (other than the Crown Entities Act 2004).

(e) (f) Subsection (2) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
67 Part 6 s 78 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 78 Powers of Classiﬁcation Ofﬁce [Repealed] Section 78 was repealed, as from 25 January 2005, by section 200 Crown En­ tities Act 2004 (2004 No 115).

79 Membership of Classiﬁcation Ofﬁce (1) The Classiﬁcation Ofﬁce consists of the Chief Censor and the Deputy Chief Censor.

The Chief Censor and the Deputy Chief Censor are the board for the purposes of the Crown Entities Act 2004.
The Chief Censor and the Deputy Chief Censor hold ofﬁce as chairperson and deputy chairperson of the board respect­ ively, for the same term as they hold ofﬁce as Chief Censor and Deputy Chief Censor, for the purposes of the Crown Entities Act 2004.

Subsection (3) applies despite anything to the contrary in Schedule 5 of that Act.

Section 79 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Appointments to Classiﬁcation Ofﬁce The Chief Censor and the Deputy Chief Censor must be appointed under section 28(1)(b) of the Crown Entities Act 2004 by the Governor­General on the recommendation of the Minister acting with the concurrence of the Minister of Women’s Affairs and the Minister of Justice.
The Chief Censor may from time to time, under clause 2 of Schedule 1 to this Act, appoint as classiﬁcation ofﬁcers per­ sons to assist the Chief Censor and the Deputy Chief Censor in carrying out their functions and powers under this Act.
In considering whether or not to recommend to the Governor­ General the appointment, under subsection (1) of this section, of any person, the Minister shall have regard not only to the person’s personal attributes but also to the person’s knowledge of or experience in the different aspects of matters likely to come before the Classiﬁcation Ofﬁce.

(3A) Subsection (3) does not limit section 29 of the Crown Entities Act 2004.
68 (2) (3) (4) 80 (1) (2) (3) Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 6 s 83 (4) (5) In considering the suitability of any person for appointment pursuant to subsection (2) of this section, the Chief Censor shall have regard not only to the person’s personal attributes but also to the person’s knowledge of or experience in the dif­ ferent aspects of matters likely to come before the Classiﬁca­ tion Ofﬁce.
Clause 1 of Schedule 5 of the Crown Entities Act 2004 does not apply.

Compare: 1983 No 130 s 5(1), (4); 1987 No 85 s 16(2) Subsection (1) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsection (3A) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsection (5) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
(2) Term of ofﬁce 81 (1) A person appointed under section 80 may be appointed for any period not exceeding 3 years, and may from time to time be reappointed for any period not exceeding 3 years.

Subsection (1) applies despite section 32(1)(b) of the Crown Entities Act 2004.

Clause 2 of Schedule 5 of the Crown Entities Act 2004 does not apply.

Section 81 was substituted, as from 24 March 1999, by section 2 Films, Videos, and Publications Classiﬁcation Amendment Act 1999 (1999 No 13).
(3) 82 83 Section 81 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Continuation in ofﬁce after term expires [Repealed] Section 82 was repealed, as from 25 January 2005, by section 200 Crown En­ tities Act 2004 (2004 No 115).

Vacation of ofﬁce as chairperson and deputy chairperson Clauses 3 and 4 of Schedule 5 of the Crown Entities Act 2004 do not apply.
Section 83 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

69 Part 6 s 84 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Holding of other ofﬁces 84 (1) Neither the Chief Censor nor the Deputy Chief Censor may be (2) 85 (1) (2) (3) (4) a member of a local authority.

This section does not limit section 30 of the Crown Entities Act 2004.
Section 84 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Administration of Classiﬁcation Ofﬁce The Chief Censor is responsible for matters of administration in relation to the Classiﬁcation Ofﬁce, including— (a) the allocation of spheres of responsibility between the Chief Censor and the Deputy Chief Censor; and (b) the allocation of duties among the classiﬁcation ofﬁcers.

In other respects, section 25 of the Crown Entities Act 2004 ap­ plies.
Subject to subsection (1), the board may delegate the statutory functions and powers of the Classiﬁcation Ofﬁce only to the Chief Censor, the Deputy Chief Censor, or a classiﬁcation of­ ﬁcer.

In other respects, section 73 of the Crown Entities Act 2004 ap­ plies.

Section 85 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Exercise of powers by Deputy Chief Censor 86 (1) On the occurrence from any cause of a vacancy in the ofﬁce of Chief Censor, and in the case of absence from duty of the person appointed as Chief Censor (from whatever cause aris­ ing), and for as long as any such vacancy or absence continues, the Deputy Chief Censor shall have and may exercise all the powers, duties, and functions of the Chief Censor under this Act.
The fact that the Deputy Chief Censor exercises any power, duty, or function of the Chief Censor shall be conclusive evi­ dence of his or her authority to do so.

Clause 5(2) of Schedule 5 of the Crown Entities Act 2004 does not apply.

(2) (3) 70 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 6 s 88 Subsection (3) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
87 (1) Chief Censor may delegate powers The Chief Censor may, from time to time, delegate any of his or her powers and functions under this Act (other than this power of delegation) to the Deputy Chief Censor.

(2) Any such delegation may be made subject to such restrictions and conditions as the Chief Censor thinks ﬁt, and may be made either generally or in relation to any particular case or class of cases.
Subject to any restrictions or conditions imposed by the Chief Censor, the Deputy Chief Censor may exercise or perform the delegated powers in the same manner and with the same effect as if they had been conferred by this section and not by dele­ gation.

(3) (4) Where the Deputy Chief Censor purports to act pursuant to any such delegation, he or she shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
(5) Any delegation under this section may be revoked at any time, and no delegation of any power or function shall prevent the exercise of that power or function by the Chief Censor.

(6) Until any such delegation is revoked, it shall continue in force according to its tenor.

In the event of the Chief Censor ceasing to hold ofﬁce, it shall continue to have effect as if made by the Chief Censor’s successor in ofﬁce.
88 (1) (2) Information Unit There shall be a unit within the Classiﬁcation Ofﬁce called the Information Unit.
The functions of the Information Unit are as follows: (a) To provide the Classiﬁcation Ofﬁce with such research services as may be necessary to enable the Classiﬁca­ tion Ofﬁce to perform its functions effectively: To disseminate to the public information about— (i) The functions and powers of the Classiﬁcation Ofﬁce; and (b) 71 Part 6 s 89 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (c) (ii) The procedures for the classiﬁcation of publica­ tions: To receive inquiries and complaints concerning the op­ eration of the classiﬁcation system established under this Act.
Annual report [Repealed] Section 89 was repealed, as from 25 January 2005, by section 200 Crown En­ tities Act 2004 (2004 No 115).

Further provisions relating to Classiﬁcation Ofﬁce The provisions set out in Schedule 1 to this Act shall have effect in relation to the Classiﬁcation Ofﬁce.

Film and Literature Board of Review Film and Literature Board of Review There is hereby established a Board called the Film and Lit­ erature Board of Review.
Function The function of the Board is to review the classiﬁcation of any publication referred to it under section 41(3) of this Act or submitted to it in accordance with Part 4 of this Act.

Compare: 1983 No 130 s 27; 1987 No 85 s 33 89 90 91 92 93 Membership (1) (2) The Board shall consist of 9 members.

The members of the Board shall be appointed by the Governor­ General on the recommendation of the Minister acting with the concurrence of the Minister of Women’s Affairs and the Minister of Justice.
(3) One member of the Board shall be appointed as President and another shall be appointed as Deputy President.

(4) No person shall be appointed as the President of the Board unless that person has held a practising certiﬁcate as a barrister or solicitor for at least 7 years, whether or not that person holds or has held judicial ofﬁce.
72 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 6 s 95 (5) In making any recommendation to the Governor­General under subsection (2) of this section, the Minister shall have regard to the need to ensure that the membership of the Board includes persons with knowledge of, or experience in, the different aspects of matters likely to come before the Board.
(6) No act or proceeding of the Board, or of any person acting as a member of the Board, shall be invalidated because there was a vacancy in the membership of the Board at the time of the act or proceeding, or because of the subsequent discovery that there was a defect in the appointment of a person so acting, or that the person was incapable of being, or had ceased to be, a member.
94 (1) Term of ofﬁce Subject to section 96 of this Act, every member of the Board may be appointed for any period not exceeding 3 years, and may be reappointed for one further period not exceeding 3 years.

(2) Nothing in subsection (1) of this section prevents the appoint­ ment under section 93 of this Act of any person who has pre­ viously held ofﬁce under that section, but no such person shall be so appointed unless at least 3 years have elapsed since that person last held ofﬁce under that section.
95 Continuation in ofﬁce after term expires Notwithstanding section 94 of this Act, every member of the Board whose term of ofﬁce has expired shall, unless he or she sooner dies or vacates ofﬁce under section 96 of this Act, continue to hold ofﬁce, by virtue of the appointment for the term that has expired, until— (a) (b) A successor to that member is appointed; or (c) That member is informed in writing by the Minister that the member is not to be reappointed and is not to hold ofﬁce until a successor is appointed.
That member is reappointed; or Paragraph (b) was amended, as from 22 February 2005, by section 22 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the word “appointed” for the word “reappointed”.
73 Part 6 s 96 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Extraordinary vacancies 96 (1) Any member of the Board may at any time be removed from ofﬁce by the Governor­General on the recommendation of the Minister for inability to perform the duties of ofﬁce, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor­General.
(2) Any member of the Board may at any time resign his or her (3) 97 (1) (2) (3) ofﬁce by giving written notice to that effect to the Minister.

If a member dies, resigns, or is removed from ofﬁce, the va­ cancy so created shall be ﬁlled in the same manner as the ap­ pointment of the member vacating ofﬁce.
Appointment of deputies If the President of the Board is unable by reason of illness, absence from New Zealand, or other sufﬁcient cause to at­ tend any meeting of the Board or to adjudicate on any particu­ lar matter, the Deputy President shall act as the President and shall, while so acting, have all the powers of the President at that meeting or for the purposes of adjudicating on that matter.
The fact that the Deputy President exercises any power, duty, or function of the President shall be conclusive evidence of the Deputy President’s authority to do so.
If both the President and the Deputy President of the Board are unable by reason of illness, absence from New Zealand, or other sufﬁcient cause to attend any meeting of the Board or to adjudicate on any particular matter, the Minister may appoint any other member of the Board to act in the place of the President at that meeting or for the purposes of adjudicating on that matter, upon and subject to such terms and conditions (if any) as the Minister may specify.
(4) Any person appointed under subsection (3) of this section shall, subject to any terms and conditions speciﬁed by the Minister, have all the powers of the President at that meeting or for the purposes of adjudicating on that matter.
If any member of the Board (other than the President) is un­ able by reason of illness, absence from New Zealand, or other sufﬁcient cause to attend any meeting of the Board, the Minis­ ter may appoint any person to act in the place of that member (5) 74 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 6 s 100 at that meeting, upon and subject to such terms and conditions (if any) as the Minister may specify.
(6) No appointment of any person under this section and no acts done by that person while acting as the President or any other member of the Board, and no act done by the Board while any person is acting as such, shall in any proceedings be questioned on the ground that the occasion of that person’s appointment had not arisen or had ceased.
Compare: 1983 No 130 s 26; 1987 No 85 s 32 98 Application of certain Acts to members No person shall be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason only of that person’s appointment as a member of the Board.
99 Fees and travelling allowances (1) A member of the Board is entitled— (a) (b) to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and in accordance with the fees framework, to be reim­ bursed for actual and reasonable travelling and other expenses incurred in carrying out his or her ofﬁce as a member.
(2) For the purposes of subsection (1)(b), fees framework means the framework determined by the Government from time to time for the classiﬁcation and remuneration of statutory and other bodies in which the Crown has an interest.

Section 99 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

100 Meetings of Board (1) (2) The Board of Review shall meet for the conduct of its business at such times and places as it considers necessary.
Subject to section 101 of this Act, every review shall be con­ ducted by the President and at least 4 other members of the Board.
75 Part 6 s 101 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (3) (4) Every question before a meeting of the Board as constituted under subsection (2) of this section or under section 101 of this Act shall be determined by the opinion of the majority of members at the meeting, and when the members are equally divided in their opinions, that of the person who is presiding at the meeting shall prevail.
Subject to the provisions of this Act, the Board shall determine its own procedure.

101 Board may sit in divisions (1) (2) The President may, from time to time, if he or she considers it appropriate in a particular case or class of case, determine that the Board shall sit in divisions, and all the powers of the Board may be exercised by any such division.
Each division shall consist of not fewer than 3 members of the Board who are for the time being assigned to that division by the President of the Board, together with the President or Deputy President of the Board, as the President of the Board determines.

The President of the Board shall determine in each case which division of the Board shall conduct a particular review.
(4) A division of the Board may exercise any powers of the Board even though another division of the Board is exercising any powers of the Board at the same time.

Compare: 1991 No 71 s 125 (3) 102 Provision of administrative services to Board The Secretary shall arrange for there to be furnished to the Board such secretarial, recording, and other services as may be necessary to enable the Board to exercise its functions and powers.
Inspectors of publications Inspectors of Publications The Secretary may from time to time appoint under the State Sector Act 1988 such number of persons to be Inspectors of Publications as are required for the purposes of this Act.
103 (1) 76 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 6 s 105 (2) Notwithstanding subsection (1) of this section, the Secretary may from time to time appoint any suitable person to be an Inspector of Publications for the purposes of this Act.

Every member of the Police shall be deemed to be an Inspector for the purposes of this Act.
Compare: 1983 No 130 s 67; 1987 No 85 s 66; 1990 No 58 s 10 (3) 104 (1) Inspectors who are not public servants Every person appointed under section 103(2) of this Act— (a) Shall be appointed on such terms and conditions as the Secretary thinks ﬁt: (b) May be paid, out of money appropriated by Parliament for the purpose, such remuneration as the Secretary from time to time determines.
(2) No person appointed under section 103(2) of this Act shall by reason only of that appointment be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956.

For the purposes of the Ombudsmen Act 1975 and the Ofﬁcial Information Act 1982, every person who holds ofﬁce under section 103(2) of this Act shall be deemed to be employed in the Department of Internal Affairs.
(3) 105 Authority to act as Inspector (1) (2) (3) The Secretary shall issue to every person appointed as an Inspector a warrant authorising that person to exercise the powers conferred on Inspectors under sections 106 to 108 of this Act.

Every such warrant shall contain— (a) (b) (c) A reference to this section; and The full name of the Inspector; and A reference to the powers set out in section 106 of this Act.
The production by an Inspector of— (a) (b) Any evidence that that person is a member of the Po­ A warrant issued under this section; or lice— 77 Part 7 s 106 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (4) shall, in the absence of evidence to the contrary, be sufﬁcient authority for any such Inspector to do anything authorised by this Act.
Every person (other than a member of the Police) who ceases to hold ofﬁce as an Inspector shall surrender to the Secretary the warrant issued to that person under subsection (1) of this section.
Compare: 1983 No 130 s 68; 1987 No 85 s 67; 1990 No 58 s 10(2)(c) Part 7 Search and seizure 106 Powers of Inspectors (1) Every Inspector may enter any premises (not being a private residence) in which— (a) (b) (c) Films are offered for public supply; or Publications are publicly displayed; or Film is exhibited to the public or in which the Inspector has reason to believe that ﬁlm is being exhibited to the public— for the purpose of ensuring that— (d) The provisions of this Act, and of any regulations made under this Act, relating to the labelling of ﬁlms; and Any conditions imposed pursuant to section 27 of this Act— (e) are being complied with.
(3) (2) An Inspector shall not enter any such premises at any time when those premises are not open to the public, unless accom­ panied by, or with the knowledge of, the owner or occupier of the premises into which entry is intended, or the representative or agent or employee of that person.
Every Inspector shall, on entering any premises pursuant to subsection (1) of this section, and at any other time when re­ quired to do so by the owner or occupier of the premises or by that person’s representative, agent, or employee, produce the warrant issued to the Inspector under section 105 of this Act or, in the case of a member of the Police, evidence that that person is a member of the Police.
78 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 7 s 107 (4) In the exercise of the powers conferred by subsection (1) of this section, an Inspector may— (a) Require the production for inspection by that Inspector of any document that relates to the labelling or classi­ ﬁcation of any ﬁlm, or the classiﬁcation of any publi­ cation that is a restricted publication, and that is issued under or required by this Act, and may take copies of or extracts from any such document; and (b) Demand any information that the Inspector may reason­ ably require for the purposes of the inspection.
(5) No person shall be required to answer any question by an In­ spector if the answer would or could tend to incriminate that person, and that person shall be informed of that right before an Inspector exercises the power to demand information con­ ferred by this section.
Compare: 1983 No 130 s 69(1)­(5); 1987 No 85 s 68(1)­(5); 1990 No 58 s 10(2)(d) Inspector may seize publications 107 (1) Without limiting section 106 of this Act, where an Inspector discovers any person offering for public supply, or exhibiting to the public, any ﬁlm (not being a ﬁlm that is exempted, by section 7 or section 8 of this Act, from the provisions of section 6 of this Act), and— (a) The Inspector believes, on reasonable grounds, that no label has been issued under this Act in respect of that ﬁlm; or The ﬁlm is being offered for public supply, or exhibited to the public, in contravention of subsection (1)(b) or subsection (2)(b) or subsection (3) of section 120 of this Act,— (b) the Inspector may seize the ﬁlm, and any cassette, case, or other container in or on which that ﬁlm is kept or offered for public supply, and deliver them to the Secretary.
(2) Without limiting section 106 of this Act, where— (a) (b) An Inspector discovers any person publicly displaying any publication; and The Inspector believes, on reasonable grounds,— 79 Part 7 s 108 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (i) (ii) That the publication is a restricted publication or, by virtue of a serial publication order, is to be treated as a restricted publication; and That the publication is being publicly displayed in contravention of section 130 or section 133 of this Act,— the Inspector may seize the publication and deliver it to the Secretary.
(3) Without limiting section 106 of this Act, where— (a) (b) Any advertising poster; or An Inspector discovers any person publicly display­ ing— (i) (ii) Any ﬁlm poster— relating to a restricted publication or a publication that, by virtue of a serial publication order, is to be treated as a restricted publication; and The Inspector believes, on reasonable grounds, that the poster is being publicly displayed in contravention of section 130 or section 133 of this Act,— the Inspector may seize the poster and deliver it to the Secre­ tary.
Subject to subsection (5) of this section, the Secretary may retain any publication, advertising poster, or ﬁlm poster deliv­ ered to him or her under subsection (1) or subsection (2) or subsection (3) of this section, and the publication, advertising poster, or ﬁlm poster shall subsequently be dealt with in ac­ cordance with section 118 of this Act; and the provisions of that section, with any necessary modiﬁcations, shall apply ac­ cordingly.
The Secretary may, at any time, return the publication, adver­ tising poster, or ﬁlm poster to the person entitled to it, subject to any such conditions relating to compliance with the provi­ sions of this Act with respect to the publication, advertising poster, or ﬁlm poster as the Secretary may specify.
Compare: 1983 No 130 s 69(6), (7); 1987 No 85 s 68(6) (4) (5) 108 Seizure of objectionable publications (1) Subject to subsection (2) of this section, where an Inspector or a member of the Police, in the course of carrying out his 80 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 7 s 109A or her lawful duties, discovers any publication that he or she believes, on reasonable grounds, to be objectionable, that per­ son may, without further authority than this section, seize that publication.
(2) Nothing in subsection (1) of this section applies to any publi­ cation that is in the possession of any person in circumstances in which, by virtue of subsection (4) or subsection (5) of sec­ tion 131 of this Act, the possession of that publication by that person is not an offence against subsection (1) of that section.
109 Search warrants for offences against speciﬁed sections (other than sections 126 and 131A) A District Court Judge, Justice, or Community Magistrate, or a Registrar (not being a member of the police) may, on an application in writing made on oath, issue a search warrant if satisﬁed that there are reasonable grounds for believing that there is in or on any place or thing— (a) any objectionable publication that there are reasonable grounds to believe is being kept for the purpose of being so dealt with as to constitute an offence against section 123 or section 124 or section 127 or section 129; or any thing that there are reasonable grounds to believe will be evidence of the commission of an offence of that kind; or any thing that there are reasonable grounds to believe is intended to be used for the purpose of committing an offence of that kind.
(b) (c) Subsection (1) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76) by substituting the words “, Justice, or Community Magistrate” for the words “or Justice”.

Section 109 was substituted, as from 22 February 2005, by section 23(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
109A Search warrants from District Court Judges for offences against sections 126 and 131A (1) A District Court Judge may, on an application in writing made on oath, issue a search warrant if satisﬁed— (a) that there are reasonable grounds for believing that there is in or on any place or thing— 81 Part 7 s 109B Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (i) (ii) (iii) (iv) a publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 126 (offences involving knowledge in relation to restricted publications); or any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126; or an objectionable publication that there are rea­ sonable grounds to believe is being so dealt with as to constitute an offence against section 131A (offences relating to possession of objec­ tionable publications and involving knowledge); or any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A; and (2) (b) that in all the circumstances it is reasonable to do so.
(b) In considering whether to issue a warrant under this section, the District Court Judge must have regard to— (a) the nature and seriousness of the alleged offending to which the application relates; and any information provided by the applicant about the im­ portance, to the investigation of the offence, of the issue of a warrant; and (c) any other matter the Judge considers relevant.
Sections 109A to 109C were inserted, as from 22 February 2005, by section 23(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
109B Search warrants from Registrars, etc, for offences against section 126 or section 131A A Justice, Community Magistrate, or Registrar (not being a member of the police) may, on an application in writing made on oath, issue a search warrant if satisﬁed— that, in the particular case,— (a) (i) that all reasonable efforts have been made to ob­ tain a warrant under section 109A; but that no District Court Judge is available to deal with an application under section 109A; and (ii) 82 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 7 s 110 (iii) that delaying a search until a warrant under sec­ tion 109A could be obtained would create a real risk that the purpose of that search would be frus­ trated; and (b) that there are reasonable grounds for believing that there is in or on any place or thing— (i) a publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 126 (offences involving knowledge in relation to restricted publications); or any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126; or an objectionable publication that there are rea­ sonable grounds to believe is being so dealt with as to constitute an offence against section 131A (offences relating to possession of objec­ tionable publications and involving knowledge); or any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A.
(ii) (iii) (iv) Sections 109A to 109C were inserted, as from 22 February 2005, by section 23(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

109C Who may apply for search warrants An application under section 109 or section 109A or section 109B may be made by an Inspector or a member of the police.

Sections 109A to 109C were inserted, as from 22 February 2005, by section 23(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
110 Form and content of search warrant (1) (2) Every search warrant shall be in the prescribed form.

Every search warrant shall be directed generally to every In­ spector and every member of the Police.

83 Part 7 s 111 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (3) (4) (b) Every search warrant shall be subject to such special condi­ tions (if any) as the person issuing the warrant may specify in the warrant.
Every search warrant shall contain the following particulars: The place or thing that may be searched pursuant to the (a) warrant: The offence or offences in respect of which the warrant is issued: A description of the kind of property that is authorised to be seized: The period during which the warrant may be executed, being a period not exceeding 14 days from the date of issue: Any conditions speciﬁed pursuant to subsection (3) of this section.
(d) (c) (e) Compare: 1957 No 87 s 198(2); 1991 No 120 s 31 111 Powers conferred by warrant (1) A search warrant may be executed by any Inspector or any member of the Police.
Subject to any special conditions speciﬁed in the warrant pur­ suant to section 110(3) of this Act, every search warrant shall authorise the person executing the warrant— (a) To enter and search the place or thing speciﬁed in the warrant at any time by day or night during the currency of the warrant; and To use such assistants as may be reasonable in the cir­ cumstances for the purpose of the entry and search; and To use such force as is reasonable in the circumstances for the purpose of effecting entry, and for breaking open anything in or on the place searched; and to search for and seize anything referred to— (i) in section 109(a) to (c), if the warrant is issued under section 109; or in section 109A(1)(a)(i) or (ii), if the warrant is issued under section 109A in respect of an of­ fence against section 126; or (ii) (b) (c) (d) (2) 84 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 7 s 112 (iii) (iv) (v) in section 109A(1)(a)(iii) or (iv), if the warrant is issued under section 109A in respect of an of­ fence against section 131A; or in section 109B(b)(i) or (ii), if the warrant is is­ sued under section 109B in respect of an offence against section 126; or in section 109B(b)(iii) or (iv), if the warrant is is­ sued under section 109B in respect of an offence against section 131A.
(3) (4) Every person called upon to assist any person executing a search warrant shall have the powers described in paragraphs (c) and (d) of subsection (2) of this section.

The power to enter and search any place or thing pursuant to a search warrant may be exercised on one occasion only.

Compare: 1957 No 87 s 198(2)­(5); 1991 No 120 s 32 Subsection (2)(d) was substituted, as from 22 February 2005, by section 23(3) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
111A Power to stop vehicles If it is necessary for a member of the Police to stop a vehicle for the purpose of exercising a search power conferred by sec­ tion 111(2), sections 314B to 314D of the Crimes Act 1961 ap­ ply with any necessary modiﬁcations as if references in those sections to a statutory search power are references to section 111(2).

Section 111A was inserted, as from 1 January 1998, by section 25 Crimes Amendment Act (No 2) 1997 (1997 No 93).
112 Person executing warrant to produce evidence of authority Every person executing any search warrant— (a) (b) Shall have that warrant with him or her; and Shall produce it on initial entry and, if requested, at any subsequent time; and Shall identify himself or herself to any person in or on the place or thing to be searched; and (c) 85 Part 7 s 113 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (d) (e) (f) If he or she is a member of the Police who is not in uni­ form, shall produce evidence that he or she is a member of the Police; and If he or she is an Inspector (not being a member of the Police), shall produce the warrant issued to that person under section 105 of this Act; and Shall, if requested at the time of the execution of the warrant or at any subsequent time, provide a copy of the warrant within 7 days after the request is made.
Compare: 1991 No 120 s 33 113 Notice of execution of warrant (1) Where any Inspector or any member of the Police enters any place or thing under the authority of a search warrant and is unable, despite reasonable efforts, to ﬁnd in or on that place or thing the owner or occupier of the place or thing, that Inspector or member of the Police shall, after the entry and before leav­ ing the place or thing, leave in or on the place or thing a written notice addressed to the owner or occupier, which notice shall state— (a) (b) The date and time of the entry; and The Inspector or member of the Police who was in charge of the entry; and (c) The authority under which entry was made; and (d) Where any inquiries regarding the entry may be made.
Every Inspector and every member of the Police who executes a search warrant shall, not later than 7 days after the seizure of any property pursuant to that warrant, give to the owner or occupier of the place or thing searched, and to every other person whom the Inspector or member of the Police has reason to believe may have an interest in the property seized, a written notice specifying— (a) (b) The date and time of the execution of the warrant; and The identity of the person who executed the warrant; and The property seized under the warrant; and The place or thing from which the property was seized; and (c) (d) (2) 86 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 7 s 116 The place where the property is held.
(e) Compare: 1991 No 120 s 34 114 Custody of property seized Where property is seized under section 108 of this Act or pur­ suant to a search warrant, the property shall be kept in the cus­ tody of an Inspector or a member of the Police, except while it is being used in evidence or is in the custody of any body or person for the purposes of any proceedings under this Act, until it is dealt with in accordance with sections 115 to 118 or section 136 of this Act.
Compare: 1957 No 85 s 199(1); 1991 No 120 s 35 115 (1) (2) (3) Summons to be issued Subject to section 136(2) of this Act, where any publication is seized under section 108 of this Act, a summons shall be issued calling on the person from whom it was seized to appear before a District Court presided over by a District Court Judge to show cause why the publication should not be destroyed.
Subject to section 136(2) of this Act, where any publication is seized under a search warrant, a summons shall be issued calling on the owner or occupier of the place or thing searched to appear before a District Court presided over by a District Court Judge to show cause why the publication should not be destroyed.
It shall not be necessary to issue a summons under subsection (1) or subsection (2) of this section in respect of any publica­ tion that the Classiﬁcation Ofﬁce or the Board has classiﬁed as an unrestricted publication or as a restricted publication.
Compare: 1963 No 22 s 25(2); 1987 No 85 s 57(2), (2A); 1990 No 59 s 9 116 Disposal of publications seized (1) Subject to subsections (2) and (3) of this section, if, on the hearing of a summons issued pursuant to section 115 of this Act in respect of a publication, the court is satisﬁed, after ref­ erence to the Classiﬁcation Ofﬁce if necessary, that the publi­ cation is objectionable, it may order the publication to be de­ stroyed at the expiry of 10 working days from the making of 87 Part 7 s 117 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (2) the order, and the publication shall in the meantime be im­ pounded.
The court shall not make an order under subsection (1) of this section for the destruction of a publication if it considers it necessary that the publication be preserved as evidence in any further proceedings.
(3) Notwithstanding that the court is satisﬁed that the publication to which the summons relates is objectionable, the court may order the return of the publication to the person from whom it was seized (in the case of a publication seized under section 108 of this Act) or to the owner or occupier of the place or thing searched (in the case of a publication seized under a search warrant) if the court is satisﬁed that, by virtue of subsection (4) or subsection (5) of section 131 of this Act, the possession of that publication by that person is not an offence against section 131(1) of this Act.
If, on the hearing of a summons issued pursuant to section 115 of this Act in respect of a publication, the court is sat­ isﬁed that the publication is an unrestricted publication or a restricted publication, it shall forthwith direct it to be returned to the person from whom it was seized (in the case of a publi­ cation seized under section 108 of this Act) or to the owner or occupier of the place or thing searched (in the case of a publi­ cation seized under a search warrant).
Compare: 1963 No 22 s 25(3), (4); 1987 No 85 s 57(3), (4) (4) 117 Appeal against order for destruction (1) Any person aggrieved by an order made under section 116(1) of this Act for the destruction of any publication may (whatever the amount involved) appeal from that order in the manner provided by the Summary Proceedings Act 1957, and until such appeal is determined or abandoned the order shall be suspended and shall not be carried into effect.
(2) Nothing in subsection (1) of this section confers on any person any right to appeal to the High Court, other than under section 58 of this Act, against any decision of the Classiﬁcation Ofﬁce or the Board in respect of any publication.
Compare: 1963 No 22 s 25(5); 1987 No 85 s 57(5), (6) 88 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 7 s 118 118 Disposal of things seized (1) (2) This section shall apply with respect to anything seized under a search warrant, except where that thing is dealt with in ac­ cordance with sections 115 to 117 of this Act.
In any proceedings for an offence relating to anything seized under a search warrant, the court may order, either at the trial or hearing or on an application, that the thing be delivered to the person appearing to the court to be entitled to it, or that it be otherwise disposed of in such manner as the court thinks ﬁt.
(3) Any Inspector or any member of the Police may at any time, unless an order has been made under subsection (2) of this section, return the thing to the person from whom it was seized, or apply to a District Court Judge for an order as to its disposal.

On any such application, the District Court Judge may make any order that a court may make under subsection (2) of this section.
If proceedings for an offence relating to the thing are not brought within a period of 3 months of seizure, any person claiming to be entitled to the thing may, after the expiration of that period, apply to a District Court Judge for an order that it be delivered to him or her.

On any such application, the District Court Judge may adjourn the application, on such terms as he or she thinks ﬁt, for proceedings to be brought, or may make any order that a court may make under subsection (2) of this section.
(4) (5) Where any person is convicted in any proceedings for an of­ fence relating to anything in respect of which a search warrant has been issued under section 109 or section 109A or section 109B enabling seizure, and any order is made under this sec­ tion, the operation of the order shall be suspended— (a) In any case until the expiration of the time prescribed by the Summary Proceedings Act 1957 or, as the case may require, the time prescribed by the Crimes Act 1961 for the ﬁling of notice of appeal or an application for leave to appeal; and (b) Where notice of appeal is ﬁled within the time so pre­ scribed, until the determination of the appeal; and (c) Where application for leave to appeal is ﬁled within the time so prescribed, until the application is determined 89 Part 7 s 118A Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 and, where leave to appeal is granted, until the deter­ mination of the appeal.
(6) Where the operation of any such order is suspended until the determination of the appeal, the court determining the appeal may, by order, cancel or vary the order.

Compare: 1957 No 87 s 199(3) to (5); 1963 No 22 s 25(7); 1987 No 85 s 57(8); 1991 No 69 s 337 Subsection (5) was amended, as from 22 February 2005, by section 23(4) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the words “or section 109A or section 109B” for the words “of this Act”.
118A Application of Customs and Excise Act 1996 (1) Sections 137, 139, 140, 143, 144, 148, 149B, 152, and 165 to 167 of the Customs and Excise Act 1996 apply to offences against this Act concerning the importation or exportation of objectionable publications to the same extent as those sec­ tions apply to offences against section 209 of the Customs and Excise Act 1996 concerning the importation or exportation of objectionable publications.
Section 161 of the Customs and Excise Act 1996 applies to an investigation of an offence against this Act concerning the importation or exportation of objectionable publications to the same extent as that section applies to an investigation of an offence against that Act; and section 162 of that Act applies accordingly.
(2) (3) A Customs ofﬁcer may arrest a person without warrant in ac­ cordance with section 174(1) of the Customs and Excise Act 1996, as if the person were suspected of an offence against section 209 of that Act, if the Customs ofﬁcer has reason­ able cause to suspect that the person has committed an offence against section 124(1) of this Act involving— (a) the importation into New Zealand of an objectionable publication for the purposes of supply or distribution; or the supply or distribution, by way of exportation from New Zealand, of an objectionable publication.
Section 174(3) and (4) of the Customs and Excise Act 1996 ap­ plies to an arrest by a Customs ofﬁcer under subsection (3).

(b) (4) 90 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 8 s 120 (5) Nothing in this section limits the application of any provisions of the Customs and Excise Act 1996 that confer powers (for example, powers relating to prohibited goods).
Section 118A was inserted, as from 22 February 2005, by section 24 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

119 No action to lie No action shall lie against any person for any act done in good faith in pursuance or intended pursuance of any provision of this Part of this Act or of any warrant or order issued or made in pursuance or intended pursuance of any such provision.
Compare: 1963 No 22 s 25(6); 1987 No 85 s 57(7) Part 8 Offences Offences relating to labelling 120 Non­compliance with labelling requirements (1) Every person commits an offence against this Act who sup­ plies to the public or offers for supply to the public— (a) Any ﬁlm in respect of which no label has been issued under this Act; or (b) Any ﬁlm that, in contravention of regulations made under this Act, does not have afﬁxed either to it or to any cassette, case, or other container in or on which that ﬁlm is supplied to the public or offered for supply to the public, the label issued under this Act in respect of that ﬁlm.
(2) (b) Every person commits an offence against this Act who— (a) Exhibits to the public any ﬁlm in respect of which no label has been issued under this Act; or In contravention of regulations made under this Act,— Fails to display, in the prescribed form and man­ (i) ner, the contents of any label issued under this Act in respect of a ﬁlm; or Fails to advertise, in the prescribed form and manner, the contents of any such label.
(ii) (3) Every person commits an offence against this Act who sup­ plies to the public or offers for supply to the public any ﬁlm at 91 Part 8 s 121 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 a time when that ﬁlm, or the cassette, case, or other container in or on which that ﬁlm is supplied to the public or offered for supply to the public, has afﬁxed to it, otherwise than in accordance with regulations made under this Act, the label is­ sued under this Act in respect of that ﬁlm.
(5) (4) Nothing in this section shall apply in relation to the public sup­ ply or public exhibition of a ﬁlm that is exempted by section 7 or section 8 of this Act from the requirements of section 6 of this Act.

Every person who commits an offence against subsection (1) or subsection (2) or subsection (3) of this section is liable to a ﬁne not exceeding,— (a) (b) Compare: 1983 No 130 s 24; 1987 No 85 s 14 In the case of an individual, $3,000: In the case of a body corporate, $10,000.
121 Unlawful issue of labels (1) Every person commits an offence against this Act who, not being the labelling body, issues or purports to issue any label that is intended or is likely, by reason of its wording or appear­ ance, or in any other manner, to cause any person to believe, contrary to the fact, that the label was issued under this Act.
Every person who commits an offence against this section is liable to a ﬁne not exceeding,— (a) (b) Compare: 1987 No 85 s 13(4) In the case of an individual, $3,000: In the case of a body corporate, $10,000.
(2) Offences involving objectionable or restricted publications 122 Meaning of distribute in sections 123 to 132 (1) In sections 123 to 132, unless the context otherwise requires, distribute, in relation to a publication, means— to deliver, give, or offer the publication; or (a) to provide access to the publication (for example, to (b) provide access by means of a public data network to digital content that is or includes the publication).
92 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 8 s 122A (2) However, a person does not distribute a publication unless the (3) (4) person— (a) (b) intends, or knows of, the act of distribution; and knows what, in general terms, the publication is or con­ tains.
To avoid doubt, to distribute, in relation to a publication, does not include to facilitate access to the publication by providing only some or all of the means necessary for— (a) (b) delivery of the publication in physical form; or transmission (other than by broadcasting) of the con­ tents of the publication.
Examples of a person facilitating access to a publication in the ways referred to in subsection (3) are— (a) a postal operator or courier providing only some or all of the means necessary for delivering the publication in physical form; and a network operator or service provider providing only a network or facility through which the contents of the publication are transmitted.
(b) Section 122 was substituted, as from 22 February 2005, by section 25 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
122A Deﬁnitions for section 122 In section 122,— courier means a person carrying on business as a courier digital content— (a) means information that is kept on a data storage device and accessed, or available for access, through a public data network; but does not include email, or information that is transmit­ ted in the form of a broadcasting service (b) network operator has the same meaning as in section 3(1) of the Telecommunications (Interception Capability) Act 2004 postal operator has the same meaning as in section 2(1) of the Postal Services Act 1998 public data network has the same meaning as in section 5 of the Telecommunications Act 2001 93 Part 8 s 123 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 service provider— (a) means a person providing Internet access, email access, or both of those facilities, by means of a public data network; but does not include a network operator.
(b) Section 122A was inserted, as from 22 February 2005, by section 25 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
123 Offences of strict liability relating to objectionable (1) (2) (3) (c) publications Every person commits an offence against this Act who— (a) Makes an objectionable publication; or (b) Makes a copy of an objectionable publication for the purposes of supply, distribution, display, or exhibition to any other person; or imports into New Zealand an objectionable publication for the purposes of supply or distribution to any other person; or supplies or distributes (including in either case by way of exportation from New Zealand) an objectionable publication to any other person; or has in that person’s possession, for the purposes of sup­ ply or distribution to any other person, an objectionable publication; or in expectation of payment or otherwise for gain, or by way of advertisement, displays or exhibits an objection­ able publication to any other person.
(d) (e) (f) Every person who commits an offence against subsection (1) is liable,— (a) in the case of an individual, to a ﬁne not exceeding $10,000: in the case of a body corporate, to a ﬁne not exceeding $30,000.

(b) It shall be no defence to a charge under subsection (1) of this section that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable.
(4) Without limiting the generality of this section, a publication may be— 94 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 8 s 124 (a) (b) (c) supplied (within the meaning of that term in section 2) for the purposes of any of paragraphs (b) to (e) of sub­ section (1); or distributed (within the meaning of that term in section 122) for the purposes of any of paragraphs (b) to (e) of subsection (1); or imported into New Zealand for the purposes of para­ graph (c) of subsection (1),— not only in a physical form but also by means of the electronic transmission (whether by way of facsimile transmission, elec­ tronic mail, or other similar means of communication, other than by broadcasting) of the contents of the publication.
Compare: 1963 No 22 s 21(1)(a)­(c), (e), (h), (i), (2); 1982 No 27 s 3(1); 1987 No 85 ss 51(1)(a)­(d), (g), (i), (2), 70(3) Subsection (1)(c) to (f) was substituted, as from 22 February 2005, by sec­ tion 26(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

Subsection (2) was substituted, as from 22 February 2005, by section 26(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
Subsection (4)(a) and (b) was substituted, as from 22 February 2005, by sec­ tion 26(3) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

Subsection (4)(c) was inserted, as from 22 February 2005, by section 26(3) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
124 Offences involving knowledge in relation to objectionable (1) (2) publications Every person commits an offence against this Act who does any act mentioned in section 123(1) of this Act, knowing or having reasonable cause to believe that the publication is ob­ jectionable.

Every person who commits an offence against subsection (1) is liable,— (a) in the case of an individual, to imprisonment for a term not exceeding 10 years: in the case of a body corporate, to a ﬁne not exceeding $200,000.
(b) Compare: 1963 No 22 s 22(1)(a), (2); 1987 No 85 s 52(1)(a), (2) Subsection (2) was substituted, as from 22 February 2005, by section 27 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
95 Part 8 s 124A Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 124A Where distribution, importation, etc, not an offence (1) Nothing in section 123 or section 124 makes it an offence for a person referred to in any of paragraphs (a) to (l) of section 131(4) to do any or all of the following things for the purpose of, and in connection with, his or her ofﬁcial duties: (a) (b) import a publication into New Zealand (whether with the involvement of an overseas ofﬁcial or not): export a publication from New Zealand to an overseas ofﬁcial: distribute a publication to a person referred to in any of paragraphs (a) to (l) of section 131(4) if that person takes possession of the publication for the purpose of, and in connection with, his or her ofﬁcial duties: (d) make a copy of a publication for the purposes of distri­ (c) (2) (3) (4) (e) bution of the kind speciﬁed in paragraph (c): be in possession of a publication for the purposes of distribution of the kind speciﬁed in paragraph (c).
In subsection (1), overseas ofﬁcial means a person in a coun­ try other than New Zealand who holds an ofﬁce in that coun­ try that corresponds to an ofﬁce referred to in section 131(4), and who is exercising or performing the duties, functions, or powers of that ofﬁce.
This subsection applies to a charge under section 123 or sec­ tion 124 that the defendant— (a) (b) made a copy of a publication for the purposes of distri­ distributed a publication; or (c) bution to any other person; or possessed a publication for the purposes of distribution to any other person.
It is a defence to a charge to which subsection (3) applies if the defendant proves that the act to which that charge relates was done, in good faith, in accordance with any of paragraphs (a) to (f) of section 131(5).

Section 124A was inserted, as from 22 February 2005, by section 28 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
125 Offences of strict liability involving restricted publications Every person commits an offence against this Act who— (1) 96 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 8 s 126 (a) Supplies, distributes, exhibits, displays, or otherwise deals with a restricted publication otherwise than in ac­ cordance with the classiﬁcation assigned to that publi­ cation under this Act; or (b) Delivers to any person any restricted publication with intent that it should be dealt with by that person or any other person in such manner as to constitute an offence against this section.
In the case of an individual, $3,000: In the case of a body corporate, $10,000.

Every person who commits an offence against subsection (1) of this section is liable to a ﬁne not exceeding,— (a) (b) It shall be no defence to a charge under subsection (1) of this section that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was a restricted publication.
Compare: 1963 No 22 s 21(1)(g), (h) (2) (3) 126 Offences involving knowledge in relation to restricted (1) publications Every person commits an offence against this Act who— (a) Does any act mentioned in section 125(1) of this Act knowing or having reasonable cause to believe that the publication is a restricted publication; or Supplies, distributes, exhibits, or displays to any person under the age of 18 years any publication— (i) (b) (ii) That is objectionable if made available to a per­ son of the age of the person to whom it is so sup­ plied, distributed, exhibited, or displayed; and That the person so supplying, distributing, ex­ hibiting, or displaying it knows is likely to be classiﬁed under this Act as objectionable if made available to a person of the age of the other per­ son.
(2) Every person who commits an offence against subsection (1) of this section is liable,— (a) In the case of an individual, to imprisonment for a term not exceeding 3 months or to a ﬁne not exceeding $10,000: 97 Part 8 s 127 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (b) In the case of a body corporate, to a ﬁne not exceeding $25,000.
Compare: 1963 No 22 s 22(1)(ab), (2); 1972 No 136 s 8(1); 1987 No 85 s 52(1)(b) 127 Exhibition to persons under 18 (1) (2) (3) (4) (5) Every person commits an offence against this Act who exhibits or displays an objectionable publication to any person under the age of 18 years.

Every person who commits an offence against subsection (1) is liable,— (a) in the case of an individual, to a ﬁne not exceeding $10,000: in the case of a body corporate, to a ﬁne not exceeding $30,000.
(b) It shall be no defence to a charge under subsection (1) of this section that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable.

Every person commits an offence against this Act who exhibits or displays an objectionable publication to any person under the age of 18 years knowing or having reasonable cause to believe that the publication is objectionable.
Every person who commits an offence against subsection (4) is liable,— (a) in the case of an individual, to imprisonment for a term not exceeding 10 years: in the case of a body corporate, to a ﬁne not exceeding $200,000.

(b) Subsection (2) was substituted, as from 22 February 2005, by section 29(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
Subsection (5) was substituted, as from 22 February 2005, by section 29(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
128 Circumstances when exhibition or display not an offence Nothing in section 123 or section 124 of this Act applies to the exhibition or display, to any person, of any publication where the publication is exhibited or displayed to that person— 98 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 8 s 130 (a) (b) (c) For educational or professional purposes; and By or at the direction of the Chief Censor; and At premises occupied by the Classiﬁcation Ofﬁce.
129 Offences in public place (1) (2) Every person commits an offence against this Act who exhibits or displays an objectionable publication in or within view of a public place.

It shall be no defence to a charge under subsection (1) of this section that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable.
(2A) Every person who commits an offence against subsection (1) is liable,— (a) (b) in the case of an individual, to a ﬁne not exceeding $10,000: in the case of a body corporate, to a ﬁne not exceeding $30,000.

(3) (4) Every person commits an offence against this Act who dis­ tributes an objectionable publication to any person in a public place knowing or having reasonable cause to believe that the publication is objectionable.
Every person who commits an offence against subsection (3) is liable,— (a) in the case of an individual, to imprisonment for a term not exceeding 1 year or to a ﬁne not exceeding $20,000: in the case of a body corporate, to a ﬁne not exceeding $50,000.
(b) Compare: 1963 No 22 ss 21(1)(i), (2), 22(1)(e), (2); 1972 No 136 s 7(2); 1987 No 85 ss 51(1)(h), (2), (3), 52(1)(d), (2) Subsection (2A) was inserted, as from 22 February 2005, by section 30(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

Subsection (4) was substituted, as from 22 February 2005, by section 30(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
130 Breach of conditions on display of restricted publications (1) Every person commits an offence against this Act who— 99 Part 8 s 131 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (a) (b) Publicly displays any restricted publication or any ﬁlm poster or advertising poster otherwise than in accord­ ance with any condition or conditions imposed pursuant to section 27 of this Act in respect of that publication or poster; or Publicly displays any restricted publication or any ﬁlm poster or advertising poster in contravention of any such condition.
In the case of an individual, $5,000: In the case of a body corporate, $15,000.

Every person who commits an offence against subsection (1) of this section is liable to a ﬁne not exceeding,— (a) (b) It shall be no defence to a charge under this section that the defendant had no knowledge of the condition or conditions applicable to the publication or poster to which the charge re­ lates.
(2) (3) 131 Offence to possess objectionable publication (1) Subject to subsections (4) and (5) of this section, every per­ son commits an offence against this Act who, without lawful authority or excuse, has in that person’s possession an objec­ tionable publication.
Every person who commits an offence against subsection (1) of this section is liable to a ﬁne not exceeding,— (a) (b) It shall be no defence to a charge under subsection (1) of this section that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable.

In the case of an individual, $2,000: In the case of a body corporate, $5,000.
(2) (3) (4) Nothing in subsection (1) of this section makes it an offence for any of the following persons to be in possession of an objec­ tionable publication, where such possession is for the purpose of and in connection with the person’s ofﬁcial duties: (a) (b) (c) The Chief Censor: The Deputy Chief Censor: Any classiﬁcation ofﬁcer: 100 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 8 s 131 (d) Any person holding ofﬁce pursuant to clause 2 of (e) (f) Schedule 1 to this Act: Any member of the Board: The labelling body or any person who is carrying out the functions of the labelling body: (5) (k) (g) Any Inspector: (h) Any member of the Police: Any ofﬁcer of the Customs: (i) Any Judge of the High Court, or District Court Judge, (j) Coroner, Justice, or Community Magistrate: In relation to any publication delivered to the National Librarian pursuant to Part 4 of the National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003, the National Librarian, any other employee of the National Library Department, or any person employed in the Parliamentary Library: Any other person in the service of the Crown.
(l) It is a defence to a charge under subsection (1) of this section if the defendant proves that the defendant had possession of the publication to which the charge relates, in good faith,— (a) For the purpose or with the intention of delivering it into the possession of a person lawfully entitled to have possession of it; or For the purposes of any proceedings under this Act or any other enactment in relation to the publication; or For the purpose of giving legal advice in relation to the publication; or For the purposes of giving legal advice, or making rep­ resentations, in relation to any proceedings; or In accordance with, or for the purpose of, complying with any decision or order made in relation to the pub­ lication by the Chief Censor, the Classiﬁcation Ofﬁce, the Board, or any court, Judge, Justice, or Community Magistrate; or In connection with the delivery of the publication to the National Librarian in accordance with Part 4 of the National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003.
(b) (c) (d) (e) (f) 101 Part 8 s 131A Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (7) (6) Nothing in subsection (5) of this section shall prejudice any defence that it is open to a person charged with an offence against this section to raise apart from that subsection.

For the avoidance of doubt, in this section the term proceed­ ings includes proceedings before the Classiﬁcation Ofﬁce.
Subsection (4)(j) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by substituting the words “, Justice, or Community Magistrate” for the words “or Justice”.

Subsection (4)(k) was amended, as from 1 January 1995, by section 236(1) Copyright Act 1994 (1994 No 143) by substituting the words “section 30A of the National Library Act 1965” for the words “section 64 of the Copyright Act 1962”.
Subsections (4)(k) was amended, as from 6 May 2003, by section 46(1) National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003 (2003 No 19) by substituting the words “Part 4 of the National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003” for the words “section 30A of the National Library Act 1965”.
Subsection (5)(e) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by substituting the words “, Justice, or Community Magistrate” for the words “or Justice”.

Subsection (5)(f) was amended, as from 1 January 1995, by section 236(1) Copyright Act 1994 (1994 No 143) by substituting the words “section 30A of the National Library Act 1965” for the words “section 64 of the Copyright Act 1962”.
Subsection (5)(f) was amended, as from 6 May 2003, by section 46(1) National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003 (2003 No 19) by substituting the words “Part 4 of the National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003” for the words “section 30A of the National Library Act 1965”.
131A Offences relating to possession of objectionable publications and involving knowledge Every person commits an offence who does any act that con­ stitutes an offence against section 131(1), knowing or having reasonable cause to believe that the publication is objection­ able.
Every person who commits an offence against subsection (1) is liable,— (a) in the case of an individual, to imprisonment for a term not exceeding 5 years or to a ﬁne not exceeding $50,000: in the case of a body corporate, to a ﬁne not exceeding $100,000.
(b) (1) (2) 102 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 8 s 132A Section 131A was inserted, as from 22 February 2005, by section 31(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
132 Exhibiting parts of a publication A person may be convicted of exhibiting an objectionable pub­ lication if what is exhibited is in all the circumstances objec­ tionable, notwithstanding that it is a part only of a publication that is not objectionable or is a restricted publication.
Compare: 1963 No 22 s 22A; 1972 No 136 s 10; 1987 No 85 s 53 132A Aggravating factor to be taken into account in sentencing, (1) (2) (3) etc, for certain publications offences This section applies to an offence (the offence) if it is commit­ ted after the commencement of this section and it is an offence against— section 124(1); or (a) section 127(4); or (b) section 129(3); or (c) section 131A(1); or (d) (e) section 209(1A) of the Customs and Excise Act 1996.
In sentencing or otherwise dealing with an offender for the offence, the court must take into account as an aggravating factor the extent to which any publication that was the subject of the offence is objectionable because it does any or all of the following: (a) promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes: describes, depicts, or otherwise deals with sexual con­ duct with or by children, or young persons, or both: exploits the nudity of children, or young persons, or both.
(b) (c) In deciding for the purposes of subsection (2) to what extent (if any) a publication is objectionable because it does any or all of the things speciﬁed in subsection (2)(a) to (c), the court must have regard,— (a) if there is a subsisting decision of the Classiﬁcation Of­ ﬁce, or of the Board, to the reasons for the decision 103 Part 8 s 133 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (b) given by the Classiﬁcation Ofﬁce, under section 38, or by the Board, under section 55; and if the publication has been referred to the Classiﬁcation Ofﬁce under section 29(1) or section 41(3), to the report provided by the Classiﬁcation Ofﬁce to the court under section 30.
(4) Nothing in this section affects the application of the Sentencing Act 2002 in respect of the offence.

Section 132A was inserted, as from 22 February 2005, by section 32 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
Miscellaneous offences 133 Contravention of serial publication order or interim In the case of a individual, $3,000; or In the case of a body corporate, $10,000,— restriction order Every person commits an offence and is liable to a ﬁne not exceeding,— (a) (b) who acts in contravention of, or fails to comply with, section 37(5) or section 37(6) or section 49(3) or section 67(3) of this Act.
Compare: 1963 No 22 s 15A(5); 1972 No 136 s 5; 1986 No 90 s 2(3) 134 Obstruction of Inspector Every person commits an offence and is liable to a ﬁne not exceeding $1,000 who— (a) Obstructs an Inspector in the performance of that In­ spector’s duties under this Act; or Fails to comply with any requirement of an Inspector under subsection (4) of section 106 of this Act, other­ wise than on the ground set out in subsection (5) of that section.
(b) Compare: 1983 No 130 s 69(8); 1987 No 85 s 68(7) 135 Failure to surrender warrant Every person commits an offence and is liable to a ﬁne not exceeding $1,000 who fails to comply with section 105(4) of this Act.
104 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 8 s 136 Miscellaneous provisions 136 Disposal and forfeiture following conviction (1) Where any person is convicted of an offence against this Act or against any regulations made under this Act, the convicting court may, if it is satisﬁed, after reference to the Classiﬁca­ tion Ofﬁce if necessary, that any publication the subject of the prosecution is objectionable, order that the publication be de­ stroyed at the expiration of 10 working days from the making of the order, and the publication shall in the meantime be im­ pounded.
It shall not be necessary to issue a summons under subsection (1) or subsection (2) of section 115 of this Act in respect of any publication that is the subject of an order made under sub­ section (1) of this section.
(2) (3) On the conviction of any person of an offence against section 123 or section 124 of this Act involving the making or copying of an objectionable publication, the convicting court may, in addition to or instead of passing any other sentence or making any other order in respect of the offence, order that any equip­ ment, goods, or other thing used in respect of the commission of the offence be forfeited to the Crown; and anything so for­ feited shall be sold, destroyed, or otherwise disposed of as the Minister directs.
Before making an order under subsection (1) or subsection (3) of this section, the court shall give— The person convicted; and (a) (b) Any other person who, in the opinion of the court, would be directly affected by the making of the order— (4) (5) (6) an opportunity to be heard.

If the court is satisﬁed that the publication that was the subject of the prosecution should be restored to a person other than the person convicted it may so direct.
Section 117 of this Act shall apply for the purposes of this section with such modiﬁcations as are necessary.
Compare: 1963 No 22 s 25A; 1972 No 136 s 11; 1987 No 85 s 58; 1990 No 59 s 10 105 Part 8 s 137 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 137 No action to lie No action shall lie against any person for any act done in good faith in pursuance or intended pursuance of section 136 of this Act or of any order made in pursuance or intended pursuance of that section.
Compare: 1963 No 22 s 25A(6); 1972 No 136 s 11; 1987 No 85 s 57(7) (2) 138 Liability of employers and principals (1) In this section, the term illegal action means the supply, dis­ tribution, display, exhibition, advertisement, or making avail­ able of an objectionable publication contrary to the provisions of this Act.
Subject to subsection (4) of this section, any illegal action done by a person as the employee of another person shall, for the purposes of this Act, be treated as done by that other person as well as by the ﬁrst­mentioned person, whether or not it was done with that other person’s knowledge or approval.
(3) Any illegal action done by a person as the agent of another person shall, for the purposes of this Act, be treated as done by that other person as well as by the ﬁrst­mentioned person, unless it is done without that other person’s express or implied authority, precedent or subsequent.
In any proceedings (being proceedings for an offence against this Act) against any person in respect of an illegal action al­ leged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she or it took such steps as were reasonably practicable to prevent the em­ ployee from doing that illegal action, or from doing as an em­ ployee of that person acts of a class, category, or description that includes illegal actions.
Compare: 1963 No 22 s 23; 1972 No 136 s 9; 1987 No 85 s 55; 1993 No 28 s 126 (4) 139 Directors and ofﬁcers of bodies corporate Where any body corporate is convicted of an offence against this Act or any regulations made under this Act, every director and every ofﬁcer concerned in the management of the body corporate shall be guilty of the offence where it is proved that 106 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 8 s 141A the act that constituted the offence took place with that per­ son’s knowledge, authority, permission, or consent.
Compare: 1963 No 22 s 28; 1987 No 85 s 60 140 Evidence of publication, etc Where, in the case of any prosecution for an offence against this Act or any regulations made under this Act, the publica­ tion that is the subject of the prosecution, or any package in which the publication is kept, contains or bears a statement that the publication was supplied, distributed, published, made, or copied by any person, that statement may be received as suf­ ﬁcient evidence of the fact so stated unless the contrary is proved.
Compare: 1963 No 22 s 24; 1987 No 85 s 56 141 Relief from contracts Notwithstanding anything in any contract, whether entered into before or after the commencement of this section, no per­ son shall be liable for breach of contract by reason only of that person rejecting any publication delivered to that person or of that person refusing to accept delivery of, or deal in, any pub­ lication in any case where— (a) That person reasonably and in good faith believes that that person’s acceptance of delivery of, or that person’s possession of or dealing in, that publication may render that person guilty of an offence against this Act; and That person gives to the person from whom that person received or is to receive delivery of that publication no­ tice in writing of that person’s rejection or refusal of the publication, and of the reason for that rejection or re­ fusal, as soon as practicable after that person becomes aware of the nature of the publication in question.
(b) Compare: 1963 No 22 s 26; 1987 No 85 s 59 141A Offences punishable on conviction on indictment Every offence against any of the following sections of this Act is punishable on conviction on indictment: (a) section 124(1) (offences involving knowledge in rela­ tion to objectionable publications): 107 Part 8 s 142 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (b) (c) section 127(4) (offence of exhibiting or displaying ob­ jectionable publication to person under age of 18 years knowing or having reasonable cause to believe that pub­ lication is objectionable): section 131A(1) (offences relating to possession of ob­ jectionable publications and involving knowledge).
Section 141A was inserted, as from 22 February 2005, by section 33(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

142 Offences punishable on summary conviction Every offence against this Act or any regulations made under this Act and that is not an offence against a section speciﬁed in section 141A(a) to (c) is punishable on summary conviction.
Section 142 was amended, as from 22 February 2005, by section 33(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the words “and that is not an offence against a section speciﬁed in section 141A(a) to (c) is” for the words “shall be”.
143 Extending time for taking prosecutions Notwithstanding anything in section 14 of the Summary Proceedings Act 1957, any information in respect of any offence against this Act may be laid at any time within 2 years after the time when the matter of the information arose.
Compare: 1963 No 22 s 28A; 1972 No 136 s 13; 1987 No 85 s 61 (2) 144 Leave of Attorney­General to prosecute (1) No prosecution for an offence against any of sections 123 to 129 of this Act or against section 131 or section 131A or sec­ tion 133 of this Act shall be commenced except with the leave of the Attorney­General.
The Attorney­General may delegate the powers of the Attor­ ney­General under subsection (1) of this section to the Com­ missioner of Police in respect of offences concerning any par­ ticular class of publications.

The Commissioner of Police, in purporting to act under any delegation under subsection (2) of this section, shall, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation.
(3) 108 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 8 s 145 (4) Any such delegation may be at any time revoked by the Attor­ ney­General, in whole or in part, but that revocation shall not affect in any way anything done under the delegated authority.

(5) No such delegation shall prevent the exercise by the Attorney­ General of any power under subsection (1) of this section.
Compare: 1963 No 22 s 29; 1987 No 85 s 62 Subsection (1) was amended, as from 22 February 2005, by section 31(2) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by inserting the words “or section 131A” after the expression “section 131”.
145 Delegation of powers by Commissioner of Police (1) The Commissioner of Police may from time to time, by writ­ ing under the Commissioner’s hand, either generally or partic­ ularly, delegate to such member or members of the Police, of a level of position not less than Inspector, as the Commissioner thinks ﬁt, all or any of the powers delegated to the Commis­ sioner under section 144 of this Act.
Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accord­ ance with the terms of the delegation in the absence of proof to the contrary.

Subject to subsection (1) of this section, any delegation under this section may be made to a speciﬁed member of the Police or to members of the Police of a speciﬁed level of position or class, or may be made to the holder or holders for the time being of a speciﬁed ofﬁce or class of ofﬁces.
Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Commissioner of Police.

(2) (3) (4) (5) Any such delegation shall, until revoked, continue in force ac­ cording to its tenor, notwithstanding the fact that the Commis­ sioner of Police by whom it was made may have ceased to hold ofﬁce, and shall continue to have effect as if made by the suc­ cessor in ofﬁce of that Commissioner.
The revocation of any such delegation shall not affect in any way anything done under the delegated authority.

Compare: 1963 No 22 s 30; 1987 No 85 s 63 (6) Section 145(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

109 Part 8 s 145A Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Section 145(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
145A Extraterritorial jurisdiction for certain offences as required by Optional Protocol In this section and sections 145B and 145C,— child pornography means— (a) a representation, by any means, of a person who is or appears to be under 18 years of age engaged in real or simulated explicit sexual activities; or a representation of the sexual parts of a person of that kind for primarily sexual purposes (b) Optional Protocol means the Optional Protocol to the Con­ vention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, adopted by the General Assembly of the United Nations at New York on 25 May 2000 relevant offence means an offence against— (a) section 124(1); or (b) section 127(4); or (c) section 129(3); or (d) section 131A(1); or section 209(1A) of the Customs and Excise Act 1996.
(e) Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for a relevant offence that involves child pornography if the person to be charged— (a) (b) has been found in New Zealand; and has not been extradited on the grounds that he or she is a New Zealand citizen.
This section does not affect the application of any section re­ ferred to in paragraphs (a) to (e) of the deﬁnition of relevant offence in subsection (1) in respect of— (a) (b) acts that occurred wholly within New Zealand; or an offence that, under section 7 of the Crimes Act 1961, is deemed to be committed in New Zealand; or acts to which section 8 of that Act applies; or acts that, under section 8A of that Act, are deemed to have taken place within New Zealand.
(c) (d) (1) (2) (3) 110 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 8 s 145C Sections 145A to 145C were inserted, as from 22 February 2005, by section 34(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
145B Attorney­General’s consent required where jurisdiction (1) claimed under section 145A Proceedings for a relevant offence cannot be brought in a New Zealand court against a person without the Attorney­General’s consent, if jurisdiction over the person is claimed by virtue of section 145A.
(2) A person over whom jurisdiction is claimed by virtue of sec­ tion 145A may be arrested for a relevant offence, or a warrant for the person’s arrest for the offence may be issued and exe­ cuted, and the person may be remanded in custody or on bail, even though the Attorney­General’s consent to the bringing of proceedings against the person has not been obtained.
Sections 145A to 145C were inserted, as from 22 February 2005, by section 34(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
145C Offences deemed to be included in extradition treaties (1) For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, every relevant offence that involves child pornography is deemed to be an offence described in any extradition treaty— concluded before the commencement of section 34 of (a) the Films, Videos, and Publications Classiﬁcation Amendment Act 2005; and for the time being in force between New Zealand and any foreign country that is a party to the Optional Proto­ col. (b) (2) A person whose surrender is sought from New Zealand in re­ spect of an act that amounts to an offence deemed by subsec­ tion (1) to be an offence described in an extradition treaty is liable to be surrendered in accordance with the Extradition Act 1999 and the applicable extradition treaty, whether the act oc­ curred before or after the commencement referred to in sub­ section (1)(a).
(3) However, subsection (2) does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, 111 Part 9 s 146 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 would not, at the time that it occurred, have constituted an offence under New Zealand law.
(5) (4) A certiﬁcate given and signed by the Minister of Foreign Af­ fairs and Trade that a foreign country is a party to the Optional Protocol is, in the absence of proof to the contrary, sufﬁcient evidence of that fact.
For the purposes of this section, child pornography, Op­ tional Protocol, and relevant offence have the meanings given to them by section 145A(1), and foreign country includes a territory— (a) for whose international relations the Government of a foreign country is responsible; and to which the extradition treaty and the Optional protocol extend.

(b) Sections 145A to 145C were inserted, as from 22 February 2005, by section 34(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).
Part 9 Miscellaneous provisions General 146 Classiﬁcation Ofﬁce may require soundtrack to be translated into English (1) Where,— (a) In respect of any ﬁlm submitted to it under— (i) (ii) Section 12 of this Act; or Section 42 of this Act by the owner, maker, au­ thorised distributor, or publisher of the ﬁlm,— the Classiﬁcation Ofﬁce is required, pursuant to section 24 of this Act, to take into consideration the content of any accompanying soundtrack; and That soundtrack, or part of that soundtrack (other than isolated words or phrases), is not in the English lan­ guage or the Maori language,— (b) the Classiﬁcation Ofﬁce may— (c) Require the person who submitted that ﬁlm to supply to the Classiﬁcation Ofﬁce an English translation, by a 112 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 9 s 147 translator approved by the Classiﬁcation Ofﬁce, of that soundtrack, or part of that soundtrack; or (d) With the consent of the person who submitted that ﬁlm, arrange for an English translation to be made of that soundtrack, or part of that soundtrack.
(2) Where the Classiﬁcation Ofﬁce arranges for the translation of a soundtrack, or part of a soundtrack, pursuant to subsection (1)(d) of this section, the Classiﬁcation Ofﬁce may require the person who submitted the ﬁlm to which that soundtrack relates to meet all or part of the costs of that translation, and such costs shall be recoverable under this section as a debt due to the Classiﬁcation Ofﬁce.
(3) Where, in respect of any ﬁlm submitted to the Classiﬁcation Ofﬁce under section 12 or section 42 of this Act,— (a) The person who submitted that ﬁlm is required, pur­ suant to subsection (1)(c) of this section, to supply to the Classiﬁcation Ofﬁce an English translation of the soundtrack, or part of the soundtrack, accompanying that ﬁlm, and that person refuses or fails, within such reasonable period as the Classiﬁcation Ofﬁce may al­ low, to supply that translation; or The person who submitted that ﬁlm is required, pur­ suant to subsection (2) of this section, to meet all or part of the costs of translating the soundtrack, or part of the soundtrack, accompanying that ﬁlm, and that per­ son refuses or fails, within such reasonable period as the Classiﬁcation Ofﬁce may allow, to comply with that re­ quirement,— (b) the submission of that ﬁlm to the Classiﬁcation Ofﬁce shall be deemed to have been withdrawn, and the Classiﬁcation Ofﬁce shall notify the person who submitted that ﬁlm accordingly.
Compare: 1987 No 85 s 21A; 1990 No 59 s 5 147 Printed matter to be marked with name and address of (1) publisher or wholesale distributor Except as provided in subsection (4) of this section, no person shall publish any printed matter in New Zealand, unless each separate article is printed or stamped with that person’s name and address.
113 Part 9 s 148 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (2) Except as provided in subsection (3) or subsection (4) of this section, no wholesale distributor shall sell or distribute any printed matter published elsewhere than in New Zealand, un­ less each separate article so sold or distributed is printed or stamped with that person’s name and address.
(3) Nothing in subsection (2) of this section shall apply with re­ spect to— (a) Any book bearing the name of the publisher, if the name and address of the publisher have been notiﬁed by the wholesale distributor to the Secretary for Justice as those of a publisher of books imported by the dis­ tributor: (b) Any magazine, newspaper, or periodical the title of which has been notiﬁed by the wholesale distributor to the Secretary for Justice as the title of a magazine, newspaper, or periodical imported by the distributor.
The Minister of Justice may from time to time, by notice in the Gazette, grant exemptions from compliance with the pro­ visions of subsection (1) or subsection (2) of this section in respect of any printed matter or class of printed matter speci­ ﬁed or described in the notice, and may from time to time in like manner amend or revoke any such notice.
Every person commits an offence and is liable to a ﬁne not ex­ ceeding $500 who acts in contravention of, or fails to comply with, any provision of this section.

Compare: 1963 No 22 s 27 Subsection (3)(b) was amended, as from 27 April 1995, by section 4(4) News­ papers and Printers Act Repeal Act 1995 (1995 No 13) by inserting the word “, newspaper,”.
(4) (5) 148 Fees charged by Classiﬁcation Ofﬁce to be reasonable Any fee charged under section 15(6) or section 38(3) or section 40(4) of this Act for a copy of any document shall be no more than is reasonably required to recover the costs of making that copy.
114 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 9 s 149 149 Regulations Regulations The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) Prescribing the forms of applications, warrants, and other documents required under this Act: Prescribing the matters in respect of which fees are payable under this Act; prescribing the amounts of the fees or the method by which they are to be assessed; and prescribing the persons to whom the fees are to be paid: Exempting or providing for the exemption of any per­ son or class of persons from liability to pay any fees payable under this Act: (b) (c) (e) (d) Authorising the waiver, refund, or remission, in such circumstances as in accordance with the regulations the Secretary or the Chief Censor or the Board thinks ﬁt, of the whole or any part of any fees payable under this Act: Prescribing the manner in which any notice or other document required by this Act to be given or served by, or to or on, any person is to be so given or served: Prescribing the procedures relating to— (i) (ii) The examination of ﬁlms by the labelling body: The issue of labels in respect of ﬁlms for the purposes of this Act: (f) (g) (h) Prescribing the kinds of ratings to be assigned to ﬁlms under this Act: Prescribing the circumstances in which the labelling body may not assign a rating to a ﬁlm: (ha) prescribing, as contemplated by sections 12(1A) and 71(ba), the circumstances
 in which, on an application under section 9(1) in respect of the ﬁlm, the labelling body may, without a direction of the Classiﬁcation Of­ ﬁce under section 36 in respect of the ﬁlm, issue a label (containing the classiﬁcation of, and any description given to, the item) in respect of a ﬁlm— (i) an item on which has been classiﬁed under this Act as a restricted publication; and 115 Part 9 s 149 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (ii) all other material on
 which is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating: (i) (j) Prescribing the form and content of labels to be used for the purposes of this Act, and regulating— (i) The afﬁxing of such labels to ﬁlms that are sup­ plied to the public or offered for supply to the public, and to the cassettes, cases, or other con­ tainers in or on which such ﬁlms are kept: The public display or advertising, in respect of ﬁlms exhibited to the public, of the content of such labels: (ii) (iii) The afﬁxing of such labels to, or the display of such labels on, or the inclusion of the content of such labels in, any posters or other advertising material used or intended for use in relation to the advertising of any ﬁlm to the public: Requiring the display, on premises where ﬁlms are sup­ plied to the public, offered for supply to the public, or exhibited to the public, of posters and advertising ma­ terial explaining the ratings and classiﬁcations assigned to ﬁlms under this Act: (k) (ja) Requiring the display, on premises where ﬁlms to which regulations made under paragraph (nd) apply are sup­ plied to the public or offered for supply to the public, of posters and advertising material explaining the rat­ ings and classiﬁcations under the Video Recordings Act 1987, and their equivalent ratings and classiﬁcations under this Act: Prescribing the procedures relating to the examination and approval of ﬁlm
 posters by the labelling body and the Classiﬁcation Ofﬁce: Prescribing the form and content of the register to be kept pursuant to section 39 of this Act: Prescribing the form and content of the lists to be pro­ duced pursuant to section 40 of this Act: Providing for the dissemination, by the labelling body, of notice of the rating and description (if any) assigned (m) (n) (l) 116 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 9 s 149 by it to any ﬁlm, and for the
 labelling body to charge a reasonable fee for supplying to any person a copy of any such notice: (na) Prescribing, in relation to— (i) Ratings and classiﬁcations under Recordings Act 1987; and (ii) Classiﬁcations under the Films Act 1983,— their equivalent ratings and classiﬁcations under this Act: the Video (nb) Providing for the assigning of a rating or a classiﬁcation to a ﬁlm in any case where, because decisions have been made in respect of that ﬁlm under both the Films Act 1983 and the Video Recordings Act 1987, it is not other­ wise possible to assign one equivalent rating or classi­ ﬁcation to that ﬁlm: (nc) Providing that ﬁlm posters in respect of which an ap­ proval given pursuant to the Films Act 1983 before 1 October 1994 is subsisting at that date are deemed, for the purposes of any regulations made pursuant to para­ graph (k), to be approved under any such regulations: (nd) Providing, in relation to any ﬁlm in respect of which a decision has been made under the Video Recordings Act 1987, that unless a label has been issued under this Act in respect of the ﬁlm, compliance with all or any of the requirements of the Video Recordings Act 1987 with respect to the labelling of a video recording is regarded as compliance with all or any of the requirements of this Act with respect to the public supply of that ﬁlm: Prescribing offences in respect of the contravention of or non­compliance with any provision of any regula­ tions made under this section, and prescribing ﬁnes, not exceeding $2,000, that may, on summary conviction, be imposed in respect of any such offences: Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for their due administration.
(p) (o) Compare: 1983 No 130 s 75; 1987 No 85 s 69; 1990 No 58 s 11; 1990 No 59 s 11 Paragraph (ha) was inserted, as from 22 February 2005, by section 35 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2).

117 Part 9 s 150 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Paragraph (ja) was inserted, as from 24 March 1999, by section 3(1) Films, Videos, and Publications Classiﬁcation Amendment Act 1999 (1999 No 13).
See section 7 of that Act as to the savings provisions in relation to regulations.

Paragraphs (na) to (nc) were inserted, as from 28 July 1997, by section 2 Films, Videos, and Publications Classiﬁcation Amendment Act 1997 (1997 No 44).

See section 5 Films, Videos, and Publications Classiﬁcation Amendment Act 1997 (1997 No 44) as to the savings provisions in relation to regulations.
Paragraph (nd) was inserted, as from 24 March 1999, by section 3(2) Films, Videos, and Publications Classiﬁcation Amendment Act 1999 (1999 No 13).

See section 7 of that Act as to the savings provisions in relation to regulations.

Consequential amendments, repeals, and revocation 150 Consequential amendments, repeals, and revocation (1) The enactments speciﬁed in Schedule 2 to this Act are hereby amended in the manner indicated in that Schedule.
The enactments speciﬁed in Schedule 3 to this Act are hereby repealed.

The Films Order 1986 (SR 1986/116) is hereby consequen­ tially revoked.

Part 10 Transitional provisions Indecent Publications Act 1963 Interpretation In sections 152 to 159 of this Act, unless the context otherwise requires,— Book has the same meaning as it has in the Indecent Publica­ tions Act 1963 Tribunal means the Indecent Publications Tribunal consti­ tuted under the Indecent Publications Act 1963.
(2) (3) 151 152 Decisions under Indecent Publications Act 1963 (1) This section applies to every decision made under the Indecent Publications Act 1963 by the Tribunal or the High Court upon any book or sound recording and that, immediately before the commencement of this section, is (subject to sections 18(2) and 20 of that Act) conclusive evidence in any proceedings 118 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 10 s 152 (2) (3) (4) (5) (other than proceedings under section 19 of that Act) of the classiﬁcation or character of that book or sound recording.
Subject to this section and to section 155 of this Act, every decision to which this section applies shall be deemed for the purposes of sections 41 and 42 of this Act to be a decision made under section 23 of this Act by the Classiﬁcation Of­ ﬁce on the date of the making of that decision under the Inde­ cent Publications Act 1963, and for those purposes the book or sound recording to which the decision relates shall be deemed to have the classiﬁcation that corresponds as near as may be to the classiﬁcation or character assigned to it by that decision under that Act.
For the purposes of section 39 of this Act, where notice of a decision to which this section applies has been published in the Gazette, that decision shall be deemed to have been entered in, and to form part of, the register.
For the purposes of the application of sections 41 and 42 of this Act to any decision to which this section applies, sections 41(2), 42(1), and 42(2) of this Act shall be read as if, for the words “in accordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1)” as they appear in each of those provisions, there were substituted in each case the word “made”.
Subject to section 155 of this Act, where, in respect of a de­ cision to which this section applies (being a decision of the Tribunal), the period of 28 days referred to in section 19(1) of the Indecent Publications Act 1963 within which any party to the proceedings before the Tribunal is entitled to appeal to the High Court against that decision has not, at the date of the commencement of this section, expired, and no such appeal has been lodged before that date,— (a) There shall be no right of appeal under that Act against that decision; but (b) Any party to those proceedings may, within 30 working days after that date, apply under section 47 of this Act to have the book or sound recording to which the deci­ sion relates reviewed by the Board, and the provisions of this Act shall apply accordingly with all necessary modiﬁcations.
119 Part 10 s 153 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (6) Notwithstanding that a decision to which this section applies is deemed to be a decision of the Classiﬁcation Ofﬁce, but subject to subsection (5) of this section, nothing in subsection (2) of this section shall be construed so as to entitle any person to make an application under section 47 of this Act in relation to the book or sound recording to which the decision relates.
Subsection (4) was amended, as from 22 February 2005, by section 36 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the words “in accordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1)” for the words “recorded in any list produced in accordance with section 40 of this Act”.
153 Proceedings pending or in train before Indecent (1) Publications Tribunal Subject to section 155 of this Act, this section applies where, before the commencement of this section,— (a) A book or sound recording has been submitted to the Tribunal under section 14 or section 20 of the Indecent Publications Act 1963; or (b) Under section 19A of that Act, the High Court has referred a matter back to the Tribunal for reconsider­ ation,— and those proceedings are pending before the Tribunal at the commencement of this section.
(2) Where this section applies, and the proceedings have not com­ (b) menced, the following provisions shall apply: (a) The Tribunal shall refer the matter to the Classiﬁcation Ofﬁce: The Classiﬁcation Ofﬁce shall deal with the matter as if the book or sound recording had been submitted to the Classiﬁcation Ofﬁce under section 13 of this Act, and the provisions of this Act (including Parts 4 and 5) shall apply accordingly with all necessary modiﬁcations.
(3) Where this section applies, and the proceedings have com­ menced, the following provisions shall apply: (a) The proceedings shall continue as if this Act had not been passed: 120 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 10 s 154 (b) (c) Section 152 of this Act shall apply in respect of the decision of the Tribunal as if it were a decision to which that section applied: Except where the decision of the Tribunal is made on a matter that has been referred back to it by the High Court under section 19A of the Indecent Publications Act 1963, section 47 of this Act shall apply in respect of the decision of the Tribunal as if it were a decision of the Classiﬁcation Ofﬁce, and the provisions of this Act shall apply accordingly with all necessary modiﬁcations.
154 Proceedings pending or in train before High Court Subject to section 155 of this Act, where, at the commence­ ment of this section, any proceedings under section 19 or sec­ tion 20(2) of the Indecent Publications Act 1963 are pending before the High Court, the following provisions shall apply: (a) The proceedings shall continue as if this Act had not been passed: If, in the case of an appeal under section 19 of the In­ decent Publications Act 1963, the High Court decides that the matter ought to be referred back to the Tribunal pursuant to section 19A of that Act, the Court shall, in­ stead of exercising that power, refer the matter to the Classiﬁcation Ofﬁce, and in any such case— (i) (b) The Classiﬁcation Ofﬁce shall deal with the mat­ ter as if the book or sound recording to which the appeal relates had been submitted to the Classiﬁ­ cation Ofﬁce under section 13 of this Act, and the provisions of this Act (including Parts 4 and 5) shall apply accordingly with all necessary modi­ ﬁcations; and The proceedings before the High Court shall be deemed to be ﬁnally determined by virtue of this section: (ii) (c) Subject to paragraph (b) of this section, section 152 of this Act shall apply in respect of the decision of the High Court as if it were a decision to which that section applied.
121 Part 10 s 155 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 155 Question of indecency arising in court proceedings (1) Notwithstanding anything in sections 152 to 154 of this Act, this section applies in the following cases: (a) Where, before the commencement of this section, a book or sound recording has been referred to the Tri­ bunal under section 12 or section 18(2) of the Indecent Publications Act 1963, and, at the commencement of this section,— (i) (ii) Those proceedings are pending before the Tri­ bunal; or The Tribunal has made a decision in those pro­ ceedings but the period of 28 days referred to in section 19(1) of the Indecent Publications Act 1963 within which any party to the proceedings before the Tribunal is entitled to appeal to the High Court against that decision has not expired, and no such appeal has been lodged; or (iii) An appeal to the High Court against the decision of the Tribunal in respect of that referral is pend­ ing: (b) Where, before the commencement of this section, a book or sound recording has been referred to the High Court under section 18(2) of the Indecent Publications Act 1963, and, at the commencement of this section, those proceedings are pending before that Court: (c) Where, before the date of the commencement of this section, the question referred to in subsection (1) of sec­ tion 12 of the Indecent Publications Act 1963 has arisen in any civil or criminal proceedings and, by virtue of that section, that question would,
 before that date, have been required to be referred to the Tribunal for decision and report but has not been so referred before that date: (d) Where, on or after the date of the commencement of this section, the question referred to in subsection (1) of section 12 of the Indecent Publications Act 1963 arises in any civil or criminal proceedings (including proceedings for an offence against that Act or proceed­ ings under the Customs Act 1966) and, by virtue of that section, that question would, before that date, have been 122 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 10 s 157 required to be referred to the Tribunal for decision and report.
(2) Where this section applies, the following provisions shall ap­ ply: (a) (b) The provisions of the Indecent Publications Act 1963 (including those provisions that confer a right of appeal to the High Court against a decision of the Tribunal) shall continue and be in force for the purposes of dealing with the matter, as if this Act had not been passed: Except where a classiﬁcation has been given to the book or sound recording under this Act, section 152 of this Act shall apply in respect of the decision of the Tribunal or, as the case may be, the High Court on the matter as if it were a decision to which that section applied.
(3) Nothing in subsection (2)(b) of this section shall apply in re­ spect of a decision of the Tribunal in any case where that deci­ sion is superseded by a decision of the High Court on an appeal against the Tribunal’s decision.
156 Alteration of appeal period Notwithstanding anything in any of sections 152 to 155 of this Act, where, by virtue of any of those sections, any right of ap­ peal to the High Court under section 19 of the Indecent Publi­ cations Act 1963 against a decision of the Tribunal is preserved for the beneﬁt of, or conferred on, any person, then, for the pur­ poses of any such appeal (other than an appeal that has been lodged before the commencement of this section), subsection (1) of that section shall be read as if the words “or within such further period as the High Court may allow” were omitted.
157 Interim restriction orders to lapse In any case where, under section 153 or section 154 of this Act, any matter is required to be transferred to the Classiﬁcation Ofﬁce, any interim restriction order made under section 14A of the Indecent Publications Act 1963 by the Tribunal in respect of that matter shall, unless sooner revoked, lapse on the date of that transfer.
123 Part 10 s 158 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 158 Restriction orders deemed to be serial publication orders Every restriction order made under section 15A of the Indecent Publications Act 1963 that is in force immediately before the date of the commencement of this section— (a) Shall be deemed to be a serial publication order made under section 37 of this Act on terms that correspond as near as may be to the terms of the order immediately before that date; and (b) Unless it is sooner revoked under this Act, shall expire on the date on which the order would have expired if this Act had not been passed.
159 Exemptions (1) Every exemption granted under section 31 of the Indecent Publications Act 1963 that is in force immediately before the date of the commencement of this section— (a) Shall be deemed to be an exemption granted under sec­ tion 44 of this Act on terms that correspond as near as may be to the terms of the exemption immediately be­ fore that date; and Shall expire on the date on which the exemption would have expired if this Act had not been passed.
(b) (2) Where— (a) Before the commencement of this section, an applica­ tion has been made to the Minister of Justice for an ex­ emption under section 31 of the Indecent Publications Act 1963 in respect of any publication; and (b) At the date of the commencement of this section, that application is still subsisting and has not been ﬁnally determined,— that application shall be deemed to have lapsed on that date, but without prejudice to the right of the applicant to make an application under section 44 of this Act in respect of that pub­ lication.
124 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 10 s 161 Video Recordings Act 1987 160 Interpretation In sections 161 to 166 of this Act, unless the context otherwise requires,— Authority means the Video Recordings Authority established by section 16 of the Video Recordings Act 1987 Video Recordings Board of Review means the Video Recordings Board of Review established by section 31 of the Video Recordings Act 1987.
161 Classiﬁcation decisions under Video Recordings Act 1987 This section applies to every decision made under the Video (1) Recordings Act 1987 by the Authority or the Video Record­ ings Board of Review in respect of any video recording and that, immediately before the commencement of this section, is (subject to sections 29(2), 30, 36, and 41 of that Act) conclu­ sive evidence in any proceedings of the classiﬁcation or char­ acter of that video recording.
Subject to this section and to sections 164 and 171 of this Act, every decision to which this section applies shall be deemed for the purposes of sections 41 and 42 of this Act to be a de­ cision made under section 23 of this Act by the Classiﬁcation Ofﬁce on the date of the making of that decision under the Video Recordings Act 1987.
For the purposes of subsection (2) of this section, a decision to which this section applies shall,— (a) (2) (3) If the decision is that a video recording is not indecent, be deemed to be a decision that the video recording is unrestricted: If the decision is that a video recording is a restricted video recording within the meaning of the Video Recordings Act 1987, be deemed to be a decision that the video recording is a restricted video recording under this Act, with such classiﬁcation as is determined in accordance with regulations made under this Act: If the decision is that a video recording is indecent, be deemed to be a decision that the video recording is ob­ jectionable.
(b) (c) 125 Part 10 s 161 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (4) (5) (6) For the purposes of section 39 of this Act, every decision to which this section applies shall be deemed to have been en­ tered in, and to form part of, the register.
For the purposes of the application of sections 41 and 42 of this Act to any decision to which this section applies, sections 41(2), 42(1), and 42(2) of this Act shall be read as if, for the words “in accordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1)” as they appear in each of those provisions, there were substituted in each case the word “made”.
Subject to section 164 of this Act, where, in respect of a deci­ sion to which this section applies (being a decision of the Au­ thority), the period of 30 days prescribed by section 37(1)(b) of the Video Recordings Act 1987 within which an applica­ tion may be made under section 36 of that Act to the Video Recordings Board of Review in respect of the video record­ ing has not, at the date of the commencement of this section, expired, and no such application has been lodged before that date,— (a) There shall be no right to lodge an application under that section in respect of that video recording; but (b) Any person who would have been entitled to lodge an application under that section in respect of that video recording may, within 30 working days after that date, apply under section 47 of this Act to have the video recording to which the decision relates reviewed by the Board, and the provisions of this Act shall apply accord­ ingly with all necessary modiﬁcations.
(7) Notwithstanding that a decision to which this section applies is deemed to be a decision of the Classiﬁcation Ofﬁce, but subject to subsection (6) of this section, nothing in subsection (2) of this section shall be construed so as to entitle any person to make an application under section 47 of this Act in relation to the video recording to which the decision relates.
Subsection (5) was amended, as from 22 February 2005, by section 37 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the words “in accordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1)” for the words “recorded in any list produced in accordance with section 40 of this Act”.
126 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 10 s 163 162 Videos before labelling body Where, before the commencement of this section, an applica­ tion has been made under section 12 of the Video Recordings Act 1987 for the issue of a label in respect of any video record­ ing and, at the commencement of this section, the labelling body under that Act has not issued a label under section 13 of that Act in respect of that video recording,— (a) The application shall be determined under this Act as if it were an application made under section 9 of this Act; and The labelling body under the Video Recordings Act 1987 shall forthwith forward to the labelling body under this Act all material in its possession that relates to the application.
(b) 163 Proceedings pending before Authority or Board of Review Subject to section 164 of this Act, this section applies where, (1) before the commencement of this section,— (a) A video recording has been submitted to the Authority under section 15 or section 19 or section 30 of the Video Recordings Act 1987; or (b) An application has been made under section 36 of the Video Recordings Act 1987 for the review, by the Video Recordings Board of Review, of a video recording,— and, at the commencement of this section, that submission or, as the case may be, that application is pending before the Au­ thority or, as the case may be, the Video Recordings Board of Review.
(2) Where this section applies, the following provisions shall ap­ ply: (a) (b) The Authority or, as the case requires, the Video Recordings Board of Review shall refer the matter to the Classiﬁcation Ofﬁce: The Classiﬁcation Ofﬁce shall deal with the matter as if the video recording had been submitted to the Classiﬁ­ cation Ofﬁce under section 13 of this Act, and the pro­ visions of this Act (including Parts 4 and 5) shall apply accordingly with all necessary modiﬁcations: 127 Part 10 s 164 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (c) the Video The Authority or, as the case requires, Recordings Board of Review shall forthwith forward to the Classiﬁcation Ofﬁce all material in its possession that relates to the matter.
164 Question of indecency arising in court proceedings (1) Notwithstanding anything in sections 161 to 163 of this Act, this section applies in the following cases: (a) Where, before the commencement of this section, a video recording has been referred to the Authority under section 20 or section 29(3) of the Video Recordings Act 1987, and, at the commencement of this section,— (i) (ii) Those proceedings are pending before the Au­ thority; or The Authority has made a decision in those pro­ ceedings but the period of 30 days prescribed by section 37(1)(b) of the Video Recordings Act 1987 within which an application may be made under section 36 of that Act to the Video Record­ ings Board of Review in respect of the video recording has not expired, and no such applica­ tion has been lodged; or (iii) An application under section 36 of that Act in respect of that video recording is pending: (b) Where, before the commencement of this section, a video recording has been referred to the Video Record­ ings Board of Review under section 29(3) of the Video Recordings Act 1987, and, at the commencement of this section, those proceedings are pending before that Board: (c) Where, before the date of the commencement of this section, the question referred to in subsection (1) of sec­ tion 20 of the Video Recordings Act 1987 has arisen in any civil or criminal proceedings and, by virtue of that section, that question would, before that date, have been required to be referred to the Authority for decision but has not been so
 referred before that date: (d) Where, on or after the date of the commencement of this section, the question referred to in subsection (1) of sec­ 128 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 10 s 166 tion 20 of the Video Recordings Act 1987 arises in any civil or criminal proceedings (including proceedings for an offence against that Act or proceedings under the Customs Act 1966) and, by virtue of that section, that question would, before that date, have been required to be referred to the Authority for decision.
(2) Where this section applies, the following provisions shall ap­ ply: (a) (b) The provisions of the Video Recordings Act 1987 (in­ cluding Parts 3 and 4) shall continue and be in force for the purposes of dealing with the matter, as if this Act had not been passed: Except where a classiﬁcation has been given to the video recording under this Act, section 161 of this Act shall apply in respect of the decision of the Authority or, as the case may be, the Video Recordings Board of Review on the matter as if it were a decision to which that section applied.
(3) Nothing in subsection (2)(b) of this section shall apply in re­ spect of a decision of the Authority in any case where that decision is superseded by a decision of the Video Recordings Board of Review in accordance with section 38(10) of the Video Recordings Act 1987.
165 Proceedings before High Court or Court of Appeal For the avoidance of doubt, it is hereby declared that section 22 of the Acts Interpretation Act 1924 applies in respect of any proceedings under Part 4 of the Video Recordings Act 1987 that are pending before the High Court or the Court of Appeal at the commencement of this section.
166 Exemptions (1) Every exemption granted under section 64 of the Video Recordings Act 1987 that is in force immediately before the date of the commencement of this section— (a) Shall be deemed to be an exemption granted under sec­ tion 44 of this Act on terms that correspond as near as may be to the terms of the exemption immediately be­ fore that date; and 129 Part 10 s 167 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 (b) Shall expire on the date on which the exemption would have expired if this Act had not been passed.
(2) Where,— (a) Before the commencement of this section, an applica­ tion has been made to the Minister for an exemption under section 64 of the Video Recordings Act 1987 in respect of any publication; and (b) At the date of the commencement of this section, that application is still subsisting and has not been ﬁnally determined,— that application shall be deemed to have lapsed on that date, but without prejudice to the right of the applicant to make an application under section 44 of this Act in respect of that pub­ lication.
Films Act 1983 167 Interpretation In sections 168 to 170 of this Act, unless the context otherwise requires,— Chief Censor means the Chief Censor of Films under the Films Act 1983 Films Censorship Board of Review means the Films Censor­ ship Board of Review established by section 25 of the Films Act 1983.
168 Classiﬁcation decisions under Films Act 1983 (1) This section applies to every decision made under the Films Act 1983 by the Chief Censor or the Films Censorship Board of Review approving a ﬁlm for exhibition or refusing to ap­ prove a ﬁlm for exhibition, where that decision is subsisting immediately before the commencement of this section.
Subject to this section and to section 171 of this Act, every decision to which this section applies shall be deemed for the purposes of sections 41 and 42 of this Act to be a decision made under section 23 of this Act by the Classiﬁcation Ofﬁce on the date of the making of that decision under the Films Act 1983.
(2) 130 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 10 s 168 (3) (4) (5) (b) For the purposes of subsection (2) of this section, a decision to which this section applies shall,— (a) If the decision approves a ﬁlm for exhibition, be deemed to be a decision according the ﬁlm such classiﬁcation as is determined in accordance with regulations made under this Act: If the decision refuses to approve a ﬁlm for exhibition, be deemed to be a decision that the ﬁlm is objectionable.
For the purposes of section 39 of this Act, every decision to which this section applies shall be deemed to have been en­ tered in, and to form part of, the register.
For the purposes of the application of sections 41 and 42 of this Act to any decision to which this section applies, sections 41(2), 42(1), and 42(2) of this Act shall be read as if, for the words “in accordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1)” as they appear in each of those provisions, there were substituted in each case the word “made”.
(6) Where, in respect of a decision to which this section applies (being a decision of the Chief Censor), the period of 30 days prescribed by section 31(1)(a) of the Films Act 1983 within which an application may be made under section 30 of that Act to the Films Censorship Board of Review in respect of the ﬁlm has not, at the date of the commencement of this section, expired, and no such application has been lodged before that date,— (a) There shall be no right to lodge an application under that section in respect of that ﬁlm; but (b) Any person who would have been entitled to lodge an application under that section in respect of that ﬁlm may, within 30 working days after that date, apply under section 47 of this Act to have the ﬁlm to which the deci­ sion relates reviewed by the Board, and the provisions of this Act shall apply accordingly with all necessary modiﬁcations.
(7) Notwithstanding that a decision to which this section applies is deemed to be a decision of the Classiﬁcation Ofﬁce, but subject to subsection (6) of this section, nothing in subsection (2) of this section shall be construed so as to entitle any person 131 Part 10 s 169 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 to make an application under section 47 of this Act in relation to the ﬁlm to which the decision relates.
(8) Nothing in this section applies in respect of a decision of the Chief Censor under section 17 of the Films Act 1983.

Subsection (5) was amended, as from 22 February 2005, by section 38 Films, Videos, and Publications Classiﬁcation Amendment Act 2005 (2005 No 2) by substituting the words “in accordance with section 40(3), ﬁrst made open to inspection by the public in a list produced in accordance with section 40(1)” for the words “recorded in any list produced in accordance with section 40 of this Act”.
169 Proceedings pending before Chief Censor or Board of (1) Review This section applies where, before the commencement of this section,— (a) An application has been made to the Chief Censor under section 8 of the Films Act 1983 in respect of a ﬁlm; or (b) An application has been lodged under section 31 or sec­ tion 34 of the Films Act 1983 for the review or, as the case requires, the examination, by the Films Censorship Board of Review, of a ﬁlm,— and, at the commencement of this section, that application is pending before the Chief Censor or, as the case may be, the Films Censorship Board of Review.
(2) Where this section applies, the following provisions shall ap­ ply: (a) (b) (c) The Chief Censor or, as the case requires, the Films Censorship Board of Review shall refer the matter to the Classiﬁcation Ofﬁce: The Classiﬁcation Ofﬁce shall deal with the matter as if the ﬁlm had been submitted to the Classiﬁcation Ofﬁce under section 13 of this Act, and the provisions of this Act (including Parts 4 and 5) shall apply accordingly with all necessary modiﬁcations: The Chief Censor or, as the case requires, the Films Censorship Board of Review shall forthwith forward to the Classiﬁcation Ofﬁce all material in its possession that relates to the matter.
132 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 10 s 171 170 Proceedings before High Court or Court of Appeal For the avoidance of doubt, it is hereby declared that section 22 of the Acts Interpretation Act 1924 applies in respect of any proceedings under Part 3 of the Films Act 1983 that are pending before the High Court or the Court of Appeal at the commencement of this section.
Dual censorship decisions 171 Dual censorship decisions (1) This section applies where, in respect of any ﬁlm, the applica­ tion of the provisions of this Part of this Act would result in that ﬁlm receiving a classiﬁcation under this Act both— (a) By virtue of a decision made in respect of that ﬁlm under the Video Recordings Act 1987; and By virtue of a decision made in respect of that ﬁlm under the Films Act 1983.
(b) (2) Where— (a) (b) This section applies; and By virtue of those decisions under those enactments, the ﬁlm would receive the same classiﬁcation or different classiﬁcations; and The decisions under those enactments were made on different dates,— (c) then, notwithstanding anything to the contrary in this Part of this Act, for the purposes of section 42 of this Act, the ﬁlm shall be deemed in accordance with this Part of this Act to have been classiﬁed by the Classiﬁcation Ofﬁce on the earlier of those dates, and the later date shall be disregarded for that purpose.
(3) Where this section applies, and, by virtue of those decisions under those enactments, the ﬁlm would receive different clas­ siﬁcations, the following provisions shall apply: (a) If either decision would result in the ﬁlm being deemed in accordance with this Part of this Act to have been classiﬁed by the Classiﬁcation Ofﬁce as objectionable, then,— (i) Notwithstanding anything in this Part of this Act, the ﬁlm shall be deemed (in accordance with the 133 Part 10 s 171 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 relevant provision of this Part of this Act) to have been so classiﬁed, and, subject to subparagraph (ii) of this paragraph, the decision that would re­ sult in that ﬁlm receiving a different classiﬁcation (in this paragraph referred to as the other deci­ sion) shall be disregarded for the purposes of this Part of this Act; but (ii) Notwithstanding anything in this Act or in any other enactment, no person who, at any time be­ fore the classiﬁcation of that ﬁlm (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that ﬁlm for any purpose related to the public exhibition of that ﬁlm (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that ﬁlm (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enact­ ment if what that person does is in accordance
 with the classiﬁcation that the ﬁlm would have been deemed to have had in accordance with this Part of this Act (in this subparagraph referred to as the alternative classiﬁcation) if the other deci­ sion had been the only decision determining the classiﬁcation of that ﬁlm in accordance with this Part of this Act, and that person otherwise com­ plies with the requirements of this Act as they re­ late to the alternative classiﬁcation: If both decisions would result in the ﬁlm being deemed in accordance with this
 Part of this Act to have been classiﬁed by the Classiﬁcation Ofﬁce as a restricted publication, then,— (i) Notwithstanding anything in this Part of this Act, the ﬁlm shall be deemed (in accordance with the relevant provision of this Part of this Act) to have been so classiﬁed, and to have the more restrict­ ive of the 2 classiﬁcations, and, subject to sub­ paragraph (ii) of this paragraph, the decision that (b) 134 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 10 s 171 would result in that ﬁlm receiving a less restrict­ ive classiﬁcation (in this paragraph referred to as the other decision) shall be disregarded for the purposes of this Part of this Act; but (ii) Notwithstanding anything in this Act or in any other enactment, no person who, at any time be­ fore the classiﬁcation of that ﬁlm (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that ﬁlm for any purpose related to the public exhibition of that ﬁlm (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that ﬁlm (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enact­ ment if what that person does is in accordance with the classiﬁcation that the ﬁlm would have been deemed to have had in accordance with this Part of this Act (in this subparagraph
 referred to as the alternative classiﬁcation) if the other deci­ sion had been the only decision determining the classiﬁcation of that ﬁlm in accordance with this Part of this Act, and that person otherwise com­ plies with the requirements of this Act as they re­ late to the alternative classiﬁcation: If one decision would result in the ﬁlm being deemed in accordance with this Part of this Act to have been clas­ siﬁed by the Classiﬁcation Ofﬁce as a restricted publi­ cation, and the other decision would
 result in the ﬁlm being deemed to have been classiﬁed as unrestricted, then,— (i) Notwithstanding anything in this Part of this Act, the ﬁlm shall be deemed (in accordance with the relevant provision of this Part of this Act) to have been classiﬁed as a restricted publication, and, subject to subparagraph (ii) of this paragraph, the decision that would result in that ﬁlm receiving a different classiﬁcation (in this paragraph referred 135 (c) Part 10 s 172 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 to as the other decision) shall be disregarded for the purposes of this Part of this Act; but (ii) Notwithstanding anything in this Act or in any other enactment, no person who, at any time be­ fore the classiﬁcation of that ﬁlm (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that ﬁlm for any purpose related to the public exhibition of that ﬁlm (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that ﬁlm (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enact­ ment if what that person does is in accordance with the classiﬁcation that the ﬁlm would have been deemed to have had in accordance with this Part of this Act (in this subparagraph referred to as the alternative classiﬁcation) if the other deci­ sion had
 been the only decision determining the classiﬁcation of that ﬁlm in accordance with this Part of this Act, and that person otherwise com­ plies with the requirements of this Act as they re­ late to the alternative classiﬁcation: (d) Notwithstanding anything in this Part of this Act, for as long as the decision classifying that ﬁlm is deemed in accordance with this Part of this Act to be a decision of the Classiﬁcation Ofﬁce, nothing in section 41 of this Act shall apply in respect of that decision (as so
 deemed).
Miscellaneous provisions 172 Vacation of ofﬁce of existing ofﬁce­holders Subject to section 173 of this Act, for the avoidance of doubt, it is hereby declared that no person who, immediately before the commencement of this section, is holding any ofﬁce by virtue of any appointment made under, or pursuant to, or for the pur­ poses of, the Indecent Publications Act 1963 or the Films Act 1983 or the Video Recordings Act 1987 shall, by virtue of the 136 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Part 10 s 174 operation of any provision of the Acts Interpretation Act 1924 or any other enactment or rule of law, be taken to hold any ofﬁce under this Act as a member or employee of the Classi­ ﬁcation Ofﬁce or as a member of the Board.
173 Existing Inspectors deemed to be Inspectors Notwithstanding section 103 of this Act, every person who, immediately before the commencement of this section, held appointment as an Inspector of Cinemas under section 67 of the Films Act 1983 or as an Inspector of Video Recording Out­ lets under section 66 of the Video Recordings Act 1987 shall, on the commencement of this section, be deemed to have been appointed,— (a) Where, immediately before the commencement of this section, that person was an employee of the Department of Internal Affairs, as an Inspector of Publications under section 103(1) of this Act: In any other case, as an Inspector of Publications under section 103(2) of this Act.
(b) 174 Restrictions on redundancy and other entitlements Where— (a) Any employee of the Department of Internal Affairs ceases to be employed by that department; and (b) On or before the date on which that employment so ceases, that employee receives an offer of employment in the Classiﬁcation Ofﬁce, being an offer of employ­ ment on terms and conditions that, taken as a whole, are substantially similar to, or better than, the terms and conditions of employment applying to that person im­ mediately before that date,— then, notwithstanding the terms of that employee’s contract of service with the Department of Internal Affairs, that employee shall not be entitled to receive any payment or other beneﬁt from that department by reason only of that person so ceas­ ing to be an employee of that department, whether or not that person accepts that offer of employment in the Classiﬁcation Ofﬁce.
Compare: 1993 No 23 s 13(1) 137 Part 10 s 175 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 175 Part to apply in respect of subsisting decisions under previous Films Acts Where, at the commencement of this section, any decision made under the Cinematograph Films Act 1976 or any for­ mer corresponding Act (being a decision that, by virtue of the provisions of the Acts Interpretation Act 1924, is treated for the purposes of the Films Act 1983 to be a decision approving a ﬁlm for exhibition or refusing to approve a ﬁlm for exhib­ ition) is subsisting, this Part of this Act, so far as applicable and with all necessary modiﬁcations, shall apply in respect of that decision as if it were a decision made under the Films Act 1983.
176 Regulations relating to transitional matters Regulations [Repealed] Paragraphs (a), (b) and (d) of the original section 176 were repealed, as from 28 July 1997, by section 3 Films, Videos, and Publications Classiﬁcation Amend­ ment Act 1997 (1997 No 44).

See section 5 Films, Videos, and Publications Classiﬁcation Amendment Act 1997 (1997 No 44) as to the savings provisions in relation to regulations.
Section 176 was substituted, as from 24 March 1999, by section 4 Films, Videos, and Publications Classiﬁcation Amendment Act 1999 (1999 No 13).

See section 7 of that Act as to the savings provisions in relation to regulations.

Section 176 was repealed, as from 1 April 1999, pursuant to section 177(a) of this Act.
177 Expiry of section 176 Section 176 of this Act shall expire with the close of the 31st day of March 1999, and on the 1st day of April 1999— (a) Section 176 of this Act shall be deemed to have been repealed; and (b) Any regulations made under section 149 of this Act pur­ suant to any power conferred by section 176 of this Act shall be deemed to have been revoked.
138 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Schedule 1 Provisions applying in respect of Classiﬁcation Ofﬁce Schedule 1 Section 90 1 2 (1) (2) (3) (4) 3 4 Employment of experts [Repealed] Clause 1 was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Staff Subject to the provisions of this clause, the Chief Censor may appoint such employees as may be necessary for the efﬁcient carrying out of the Classiﬁcation Ofﬁce’s functions, powers, and duties under this Act (including the functions of the Infor­ mation Unit).

This clause is subject to sections 116 and 118 of the Crown Entities Act 2004.

Subclause (2) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Subclause (3) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subclause (4) was substituted, as from 2 October 2000, by section 240 Employ­ ment Relations Act 2000 (2000 No 24).

Subclause (4) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Complaints ofﬁcers For the purposes of section 16 of this Act, the Chief Censor shall, from time to time, designate as complaints ofﬁcers one or more of the persons appointed pursuant to clause 2 of this Schedule.
Salaries and allowances [Repealed] Clause 4 was amended, as from 1 April 2003, by section 4(1) Remuneration Au­ thority (Members of Parliament) Amendment Act 2002 (2002 No 54) by sub­ stituting the words “Remuneration Authority” for the words “Higher Salaries Commission” in every place where they appear.

139 Schedule 1 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Clause 4 was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
5 (1) Superannuation or retiring allowances For the purpose of providing superannuation or retiring allow­ ances for the Chief Censor or the Deputy Chief Censor, the Classiﬁcation Ofﬁce may, out of the funds of the Classiﬁca­ tion Ofﬁce, make payments to or subsidise any superannuation scheme that is registered under the Superannuation Schemes Act 1989.
(2) Notwithstanding anything in this Act, any person who, im­ mediately before being appointed as the Chief Censor or the Deputy Chief Censor or, as the case may be, becoming an em­ ployee of the Classiﬁcation Ofﬁce, is a contributor to the Gov­ ernment Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 shall be deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold ofﬁce as the Chief Censor or the Deputy Chief Censor or, as the case may be, to be an em­ ployee of the Classiﬁcation Ofﬁce; and that Act shall apply to that person in all respects as if that person’s service as the Chief Censor or the Deputy Chief Censor or, as the case may be, as such an employee were Government service.
Subject to the Government Superannuation Fund Act 1956, nothing in subclause (2) of this clause entitles any such person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor.
For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2) of this clause, to a person who holds ofﬁce as the Chief Censor or the Deputy Chief Censor or, as the case may be, is in the service of the Classiﬁcation Ofﬁce as an employee and (in any such case) is a contributor to the Government Superannuation Fund, the term controlling authority, in relation to any such person, means the Classiﬁcation Ofﬁce.
Subclause (1) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

(3) (4) 140 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Schedule 1 Application of certain Acts [Repealed] Clauses 6 to 15 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Personnel policy [Repealed] Clauses 6 to 15 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Equal employment opportunities programme [Repealed] Clauses 6 to 15 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Services for Classiﬁcation Ofﬁce [Repealed] Clauses 6 to 15 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Funds of Classiﬁcation Ofﬁce [Repealed] Clauses 6 to 15 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Bank Accounts [Repealed] Clauses 6 to 15 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Investment of money [Repealed] Clauses 6 to 15 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Classiﬁcation Ofﬁce not to borrow without consent of Minister of Finance [Repealed] Clauses 6 to 15 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

141 Schedule 2 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 14 15 16 Auditor­General to be auditor of Classiﬁcation Ofﬁce [Repealed] Clause 14 was substituted, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).
Clauses 6 to 15 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Seal [Repealed] Clauses 6 to 15 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Exemption from income tax The income of the Classiﬁcation Ofﬁce shall be exempt from income tax.
Schedule 2 Enactments amended Section 150(1) Enactment Amendment 1961, No 43­The Crimes Act 1961 (RS Vol 1, p 635) By repealing subsections (6) and (7) of section 124, and substituting the following subsection: “(6) Nothing in this section shall apply to any publication within the mean­ ing of the Films, Videos, and Pub­ lications Classiﬁcation Act 1993, whether the publication is objec­ tionable within the meaning of that Act or not.
142 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Schedule 2 Enactment Amendment 1975, No 9­The Ombudsmen Act 1975 (RS Vol 21, p 657) 1977, No 110­The Higher Salaries Commission Act 1977 (RS Vol 19, p 623) 1981, No 113­The Summary Offences Act 1981 (RS Vol 28, p 887) 1989, No 25­The Broadcasting Act 1989 By adding to section 4, as subsection (5), the following subsection: “(5) Nothing in this section shall ap­ ply with respect to any publication within the meaning of the Films, Videos, and Publications Classiﬁ­ cation Act 1993, whether the pub­ lication is objectionable within the meaning of that Act or not.
By repealing subsection (2) of section 4, and substituting the following subsection: “(2) Where, in respect of any ﬁlm within the meaning of the Films, Videos, and Publications Classiﬁcation Act 1993,— “(a) There is in force under that Act a decision classifying that ﬁlm as objectionable; or “(b) There is in force under that Act a decision classifying that ﬁlm as if certain exci­ sions had been made,— no broadcaster,— 143 Schedule 2 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 Enactment Amendment “(c) “(d) In the case of a ﬁlm to which paragraph (a) of this subsec­ tion applies, shall broadcast that ﬁlm or any part of that ﬁlm; or In the case of a ﬁlm to which paragraph (b) of this subsec­ tion applies, shall broadcast the ﬁlm, or any part of that ﬁlm, if the ﬁlm or, as the case may be, that part includes any part of the ﬁlm required to be excised,— except with the consent of the Chief Censor of Film and Literature and subject to any conditions subject to which the Chief Censor has given the consent.
1989, No 44­The Public Finance Act 1989 Schedule 2 was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting the item relating to the Ombudsmen Act 1975.

Schedule 2 was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting the item relating to the Higher Salaries Commission Act 1977.
Schedule 2 was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting the item relating to the Public Finance Act 1989.

Schedule 2 was amended, as from 1 October 1996, by section 289(1) Customs and Ex­ cise Act 1996 (1996 No 27) by omitting the item relating to the Customs Act 1966.
144 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Schedule 3 Enactments repealed Schedule 3 Section 150(2) • • • • • • • • • • • • • • • • • • • 1963, No 22­The Indecent Publications Act 1963 (RS Vol 16, p 179).

1972, No 136­The Indecent Publications Amendment Act 1972 (RS Vol 16, p 203).

1977, No 79­The Indecent Publications Amendment Act 1977 (RS Vol 16, p 204).

1982, No 136—The Indecent Publications Amendment Act 1982 (RS Vol 16, p 205).
1983, No 136­The Indecent Publications Amendment Act 1983 (RS Vol 16, p 205).

1983, No 130­The Films Act 1983.

1985, No 175­The Films Amendment Act 1985.

1986, No 48­The Taxation Acts Repeal Act 1986: So much of Schedule 1 as relates to the Films Act 1983.

1986, No 90­The Indecent Publications Amendment Act 1986.

1987, No 85­The Video Recordings Act 1987.

1987, No 140­The Films Amendment Act 1987.


1989, No 142­The Acts and Regulations Publication Act 1989: Section 25, and the heading above that section.

1990, No 58­The Films Amendment Act 1990.

1990, No 59­The Video Recordings Amendment Act 1990.

1990, No 108­The Smoke­free Environment Act 1990: Sec­ tion 65.

1991, No 60­The Judicature Amendment Act 1991: So much of the Schedule as relates to the Films Act 1983, and so much of the Schedule as relates to the Video Recordings Act 1987.
1992, No 13­The Accident Rehabilitation and Compensation Insurance Act 1992: Section 171.

1992, No 19­The Museum of New Zealand Te Papa Tongarewa Act 1992: So much of Schedule 3 as relates to the Films Act 1983.

1992, No 47­The Crown Research Institutes Act 1992: So much of Schedule 1 as relates to the Films Act 1983.
145 Schedule 3 Films, Videos, and Publications Classiﬁcation Act 1993 Reprinted as at 1 October 2008 • • • 1993, No 28­The Privacy Act 1993: So much of Schedule 6 as relates to the Films Act 1983.

1993, No 48­The Foreign Affairs Amendment Act 1993: So much of Schedule 1 as relates to the Films Act 1983.

1993, No 82­The Human Rights Act 1993: So much of Sched­ ule 2 as relates to the Films Act 1983.
146 Reprinted as at 1 October 2008 Films, Videos, and Publications Classiﬁcation Act 1993 Notes Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) Notes 1 2 3 General This is an eprint of the Films, Videos, and Publications Classiﬁcation Act 1993.

It incorporates all the amendments to the Act as at 1 October 2008.

The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.

For more information about ofﬁcialisation, please see “Making online legislation ofﬁcial” under “Status of legislation on this site” in the About section of this website.
List of amendments incorporated in this eprint (most recent ﬁrst) Policing Act 2008 (2008 No 72): section 130(1) Films, Videos, and Publications Classiﬁcation Amendment Act 2007 (2007 No 58) 147