New Zealand Legislation: Acts

4 Classification of publications a matter of expert judgment

• (1) The question whether or not a publication is objectionable or should in accordance with section 23(2) be given a classification other than objectionable is a matter for the expert judgment of the person or body authorised or required, by or pursuant 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 essential 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 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 classification other than objectionable” after the words “is objectionable”.