New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 February 2011
| Public Act | 1993 No 94 |
| Date of assent | 26 August 1993 |
| Commencement | see section 1 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
1 Short Title and commencement
3A Publication may be age-restricted if it contains highly offensive language likely to cause serious harm
3B Publication may be age-restricted if likely to be injurious to public good for specified reasons
3C Procedure for classification under sections 3A and 3B
3D How sections 3A and 3B relate to sections 3 and 23(2)(c)
4 Classification of publications a matter of expert judgment
8 Films exempt from labelling requirements
9 Applications for issue of label
11 Rating and description applicable to copies
Part 3
Classification of publications
12 Submission of films by labelling body
13 Submission of publications by others
14 How to submit publications (officials)
15 How to submit publications (others)
16 Referral of notice of submission to complaints officer
17 Submission to lapse if publication unobtainable
18 Publication not adaptable to equipment in Classification Office
Examination and classification of publications
23 Examination and classification
24 Soundtrack to be considered
25 Classification Office may copy film
26 Classification applies to identical copies
27 Conditions relating to display of restricted publications
28 Further provisions relating to conditions on public display of restricted publications
Referral of publications by courts
29 Character of publications arising in court proceedings
30 Report of findings to be sent to court
31 When decision on publication referred by court to take effect
Excisions from and alterations to films
32 Excisions from and alterations to films
33 Procedure for making excisions and alterations
34 Classification to apply only if excisions and alterations actually made
35 Provisions to apply to soundtracks
36 Issue of labels in respect of films
36A Issue of labels in respect of other publications that are classified as restricted publications
38 Decisions of Classification Office
39 Register of Classification Decisions
40 Classification Office to publish list of decisions
41 Decisions to be conclusive evidence
42 Reconsideration of publications
Part 4
Review of classification decisions
48A Deadline for lodging applications for review
Interim restrictions on review
50 Notification of interim restriction order
51 Duration and revocation of interim restriction order
56 Reconsideration of decisions referred under section 41(3)
57 Board may state case for High Court
58 Appeal against decision of Board on question of law
60 Court may dispense with service
61 Right of other parties to appear and be heard on appeal
62 Appeal in respect of additional points of law
63 Orders relating to determination of appeals
Interim restrictions on appeal
67 Imposition of interim restrictions on appeal
68 Notification of interim restriction order
69 Duration and revocation of interim restriction order
70 Appeal against decision of High Court
71 Functions of labelling body
73 Application for approval as labelling body
Office of Film and Literature Classification
76 Office of Film and Literature Classification
77 Functions of Classification Office
78 Powers of Classification Office [Repealed]
79 Membership of Classification Office
80 Appointments to Classification Office
82 Continuation in office after term expires [Repealed]
83 Vacation of office as chairperson and deputy chairperson
85 Administration of Classification Office
86 Exercise of powers by Deputy Chief Censor
87 Chief Censor may delegate powers
89 Annual report [Repealed]
90 Further provisions relating to Classification Office
Film and Literature Board of Review
91 Film and Literature Board of Review
95 Continuation in office after term expires
98 Application of certain Acts to members
99 Fees and travelling allowances
101 Board may sit in divisions
102 Provision of administrative services to Board
103 Inspectors of Publications
104 Inspectors who are not public servants
105 Authority to act as Inspector
107 Inspector may seize publications
108 Seizure of objectionable publications
109 Search warrants for offences against specified sections (other than sections 126 and 131A)
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
110 Form and content of search warrant
111 Powers conferred by warrant
112 Person executing warrant to produce evidence of authority
113 Notice of execution of warrant
114 Custody of property seized
116 Disposal of publications seized
117 Appeal against order for destruction
118A Application of Customs and Excise Act 1996
Offences relating to labelling
120 Non-compliance with labelling requirements
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
124 Offences involving knowledge in relation to objectionable publications
124A Where distribution, importation, etc, not an offence
125 Offences of strict liability involving restricted publications
126 Offences involving knowledge in relation to restricted publications
127 Exhibition to persons under 18
128 Circumstances when exhibition or display not an offence
130 Breach of conditions on display of restricted publications
131 Offence to possess objectionable publication
131A Offences relating to possession of objectionable publications and involving knowledge
132 Exhibiting parts of a publication
132A Aggravating factor to be taken into account in sentencing, etc, for certain publications offences
133 Contravention of serial publication order or interim restriction order
135 Failure to surrender warrant
136 Disposal and forfeiture following conviction
138 Liability of employers and principals
139 Directors and officers of bodies corporate
140 Evidence of publication, etc
141A Offences punishable on conviction on indictment
142 Offences punishable on summary conviction
143 Extending time for taking prosecutions
144 Leave of Attorney-General to prosecute
145 Delegation of powers by Commissioner of Police
145A Extraterritorial jurisdiction for certain offences as required by Optional Protocol
145B Attorney-General's consent required where jurisdiction claimed under section 145A
145C Offences deemed to be included in extradition treaties
Part 9
Miscellaneous provisions
146 Classification Office may require soundtrack to be translated into English
147 Printed matter to be marked with name and address of publisher or wholesale distributor
148 Fees charged by Classification Office to be reasonable
Consequential amendments, repeals, and revocation
150 Consequential amendments, repeals, and revocation
Part 10
Transitional provisions
Indecent Publications Act 1963
152 Decisions under Indecent Publications Act 1963
153 Proceedings pending or in train before Indecent Publications Tribunal
154 Proceedings pending or in train before High Court
155 Question of indecency arising in court proceedings
156 Alteration of appeal period
157 Interim restriction orders to lapse
158 Restriction orders deemed to be serial publication orders
161 Classification decisions under Video Recordings Act 1987
162 Videos before labelling body
163 Proceedings pending before Authority or Board of Review
164 Question of indecency arising in court proceedings
165 Proceedings before High Court or Court of Appeal
168 Classification decisions under Films Act 1983
169 Proceedings pending before Chief Censor or Board of Review
170 Proceedings before High Court or Court of Appeal
172 Vacation of office of existing office-holders
173 Existing Inspectors deemed to be Inspectors
174 Restrictions on redundancy and other entitlements
175 Part to apply in respect of subsisting decisions under previous Films Acts
176 Regulations relating to transitional matters [Expired]
Schedule 1
Provisions applying in respect of Classification Office
Films, Videos, and Publications Classification Amendment Act 2005
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
