New Zealand Legislation: Acts
Acts are laws made by Parliament
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; 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—
(a) The person who appears to the Classification Office to be lawfully entitled to distribute the publication in New Zealand; or
(b) Where there is no such person, the owner of the publication:
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 classification 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
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
(b) That shows the title of that video recording; and
(c) That must be removed before the video recording can be viewed:
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) To the public, or any section of the public; or
(ii) 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, photograph, 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
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,—
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 publication 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 exceeding 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 open-air space
Printed matter means any book, letterpress, lithograph, newspaper, pamphlet, paper, periodical, photograph, picture, print, or other reproduction; but does not include any reproduction of a purely business, commercial, official, professional, 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).
Private residence means a place of residence of any person in respect of which that person has the exclusive right of occupation; and includes—
(a) Private rooms in any hotel, hostel, apartment building, or boardinghouse; and
(b) Motel units, cabins, and baches; and
(c) Any other places of temporary residence,—
whether self-contained 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 combination of 1 or more) images, representations, signs, statements, or words:
(d) a thing (including, but not limited to, a disc, or an electronic or computer file) on which is recorded or stored information that, by the use of a computer or other electronic 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:
Publication: paragraph (c) of this definition was substituted, as from 22 February 2005, by section 3(2) Films, Videos, and Publications Classification Amendment 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 Amendment 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:
(b) In relation to an advertising poster or a film poster, means the display of the poster in a public place in circumstances that may reasonably be taken to indicate that the publication to which the poster relates is available for supply:
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 substantially 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) Any public library; or
(ii) Any club or association, whether public or private, and whether incorporated or unincorporated, that, as part of its activities, makes films available to its members; but
(b) Does not include any supply of any film to any person who makes or distributes or supplies films, unless that 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 electronically 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 photographs) 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 Waitangi 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.