Films, Videos, and Publications Classification Act 1993

131 Offence to possess objectionable publication

(1)

Every person commits an offence against this Act who, without lawful authority or excuse, has in that person’s possession an objectionable publication.

(1A)

Subsection (1) is subject to subsections (4) and (5).

(2)

Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding,—

(a)

in the case of an individual, $2,000:

(b)

in the case of a body corporate, $5,000.

(2A)

A person can have an electronic publication in that person’s possession for the purposes of subsection (1) even though that person’s actual or potential physical custody or control of the publication is not, or does not include, that person intentionally or knowingly using a computer or other electronic device to save the publication (or a copy of it).

(2B)

Electronic publication, in subsection (2A), means a thing that is a publication under paragraph (d) of the definition of publication in section 2.

(2C)

Subsection (2A) is for the avoidance of doubt, and does not limit subsection (1).

(3)

It shall be no defence to a charge under subsection (1) that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable.

(4)

Nothing in subsection (1) makes it an offence for any of the following persons to be in possession of an objectionable publication, where such possession is for the purpose of and in connection with the person’s official duties:

(a)

the Chief Censor:

(b)

the Deputy Chief Censor:

(c)

any classification officer:

(d)

any person holding office pursuant to clause 2 of Schedule 1:

(e)

any member of the Board:

(f)

the labelling body or any person who is carrying out the functions of the labelling body:

(g)

any Inspector:

(h)

any constable:

(i)

any officer of the Customs:

(j)

any Judge of the High Court, or District Court Judge, Coroner, Justice, or Community Magistrate:

(k)

in relation to any publication delivered to the National Librarian pursuant to Part 4 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003, the National Librarian, any other employee in the department responsible for the administration of that Act, or any person employed in the Parliamentary Library:

(l)

any other person in the service of the Crown.

(5)

It is a defence to a charge under subsection (1) 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

(b)

for the purposes of any proceedings under this Act or any other enactment in relation to the publication; or

(c)

for the purpose of giving legal advice in relation to the publication; or

(d)

for the purposes of giving legal advice, or making representations, in relation to any proceedings; or

(e)

in accordance with, or for the purpose of, complying with any decision or order made in relation to the publication by the Chief Censor, the Classification Office, the Board, or any court, Judge, Justice, or Community Magistrate; or

(f)

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 Matāuranga o Aotearoa) Act 2003.

(6)

Nothing in subsection (5) shall prejudice any defence that it is open to a person charged with an offence against this section to raise apart from that subsection.

(7)

For the avoidance of doubt, in this section the term proceedings includes proceedings before the Classification Office.

Section 131(1): amended, on 7 May 2015, by section 5(1) of the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 (2015 No 42).

Section 131(1A): inserted, on 7 May 2015, by section 5(2) of the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 (2015 No 42).

Section 131(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 131(2A): inserted, on 7 May 2015, by section 5(3) of the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 (2015 No 42).

Section 131(2B): inserted, on 7 May 2015, by section 5(3) of the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 (2015 No 42).

Section 131(2C): inserted, on 7 May 2015, by section 5(3) of the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 (2015 No 42).

Section 131(4)(h): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 131(4)(j): amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

Section 131(4)(k): amended, on 1 February 2011, by section 18 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 (2010 No 132).

Section 131(4)(k): amended, on 6 May 2003, by section 47 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 (2003 No 19).

Section 131(5)(e): amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

Section 131(5)(f): amended, on 6 May 2003, by section 47 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 (2003 No 19).