In this Act, unless the context otherwise requires,—

(1) For the purposes of this Act, a publication is objectionable if it describes, depicts, expresses, or otherwise deals with matters 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

• (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 purposes 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

• (b) The use of violence or coercion to compel any person to participate in, or submit to, sexual conduct; or

• (c) Sexual conduct with or upon the body of a dead person; or

• (d) The use of urine or excrement in association with degrading or dehumanising conduct or sexual conduct; or

• (e) Bestiality; or

• (f) Acts of torture or the infliction of extreme violence or extreme cruelty.

(3) 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 objectionable, particular weight shall be given to the extent and degree to which, and the manner in which, the publication—

• (a) Describes, depicts, or otherwise deals with—

  • (i) Acts of torture, the infliction of serious physical harm, or acts of significant cruelty:

  • (ii) Sexual violence or sexual coercion, or violence or coercion in association with sexual conduct:

  • (iii) Other sexual or physical conduct of a degrading or dehumanising or demeaning nature:

  • (iv) Sexual conduct with or by children, or young persons, or both:

  • (v) Physical conduct in which sexual satisfaction is derived from inflicting or suffering cruelty or pain:

• (b) Exploits the nudity of children, or young persons, or both:

• (c) Degrades or dehumanises or demeans any person:

• (d) Promotes or encourages criminal acts or acts of terrorism:

• (e) Represents (whether directly or by implication) that members of any particular class of the public are inherently 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) 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 objectionable, the following matters shall also be considered:

• (a) The dominant effect of the publication as a whole:

• (b) The impact of the medium in which the publication is presented:

• (c) The character of the publication, including any merit, value, or importance that the publication has in relation to literary, artistic, social, cultural, educational, scientific, or other matters:

• (d) The persons, classes of persons, or age groups of the persons to whom the publication is intended or is likely to be made available:

• (e) The purpose for which the publication is intended to be used:

• (f) Any other relevant circumstances relating to the intended or likely use of the publication.

(1) A publication to which subsection (2) applies may be classified as a restricted publication under section 23(2)(c)(i).

(2) This subsection applies to a publication that contains highly offensive language to such an extent or degree that the availability 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.

(3) In this section, highly offensive language means language that is highly offensive to the public in general.

(1) A publication to which subsection (2) applies may be classified as a restricted publication under section 23(2)(c)(i).

(2) This subsection applies to a publication that contains material 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 injurious to the public good for any or all of the reasons specified in subsection (4).

(3) The material referred to in subsection (2) is material that—

• (a) describes, depicts, expresses, or otherwise deals with—

  • (i) harm to a person's body whether it involves infliction of pain or not (for example, self-mutilation or similarly harmful body modification) or self-inflicted death; or

  • (ii) conduct that, if imitated, would pose a real risk of serious harm to self or others or both; or

  • (iii) physical conduct of a degrading or dehumanising or demeaning nature; or

• (b) is or includes 1 or more visual images—

  • (i) of a person's body; and

  • (ii) that, alone, or together with any other contents of the publication, are of a degrading or dehumanising or demeaning nature.

(4) The reasons referred to in subsection (2) are that the general levels of emotional and intellectual development and maturity of persons under the specified age mean that the availability of the publication to those persons would be likely to—

• (a) cause them to be greatly disturbed or shocked; or

• (b) increase significantly the risk of them killing, or causing serious harm to, themselves, others, or both; or

• (c) encourage them to treat or regard themselves, others, or both, as degraded or dehumanised or demeaned.

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 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.

(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.

This Act binds the Crown.

(1) Subject to sections 7 and 8 of this Act, a film must not be supplied to the public or offered for supply to the public unless—

• (a) A label has been issued in respect of that film; and

• (b) The requirements of this Act with respect to the affixing of that label are complied with.

(2) Subject to sections 7 and 8 of this Act, a film must not be exhibited to the public unless—

• (a) A label has been issued in respect of that film; and

• (b) The requirements of this Act with respect to the display and advertisement of the contents of that label are complied with.

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) The maker, owner, or distributor of the film; or

  • (ii) An expressly authorised agent of the maker, owner, or distributor; and

• (b) That screening is to any person engaged in the film industry, or in any industry closely associated with the film industry; and

• (c) 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.

(1) 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:

• (a) Any film owned, produced, or sponsored by, and relating 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 personnel training and development, or public, business, or industrial administration, management, and organisation:

• (c) Any film depicting wholly or principally agricultural, industrial, or manufacturing processes or technological development:

• (d) Any pure, applied, physical, or natural scientific film:

• (e) Any film relating wholly or mainly to the social sciences, including economics, geography, anthropology, and linguistics:

• (f) Any natural history film, and any film depicting wholly or principally natural scenery:

• (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:

• (i) 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:

• (j) 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 advertisement relating to the advertiser's or sponsor's activities:

• (l) Any film directly related to the curriculum of pre-school, primary, secondary, or tertiary educational institutions:

• (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 ethnic organisations:

• (q) Any video game.

(2) 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.

(3) Nothing in subsection (1) of this section exempts any film from the requirements of section 6 of this Act if—

• (a) The film is a restricted publication; or

• (b) The Chief Censor has required the film to be submitted to the labelling body under subsection (2) of this section.

(1) Subject to subsection (2) of this section, the following persons may apply to the labelling body for the issue of a label in respect of a film:

• (a) Any person who is engaged in the production, distribution, 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.

(2) 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.

(3) Subject to subsection (4) of this section, every application under subsection (1) of this section shall be accompanied by—

• (a) A copy of the film in respect of which the application is made; and

• (b) The fee set by the labelling body for such an application.

(4) 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.

(1) 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.

(2) 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 anti-social behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour.

(3) 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.

For the purposes of this Part of this Act, the rating and description (if any) assigned to any film under section 10 of this Act shall apply to every copy of that film that is identical in content with it, whether or not the copy is in a different gauge or a different technical form.

(1) Where—

• (a) An application is made under section 9(1) of this Act in respect of a film; and

• (b) The labelling body is not permitted, under regulations made under this Act, to assign a rating to that film,—

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 (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

• (b) 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

• (c) the labelling body may, without a direction of the Classification 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

• (b) There is disagreement among the persons who are carrying out the functions of the labelling body on the appropriate rating to assign to a film,—

the labelling body may, subject to subsection (3) of this section, submit that film to the Classification Office for examination and classification pursuant to section 23 of this Act.

(3) The labelling body may submit a film to the Classification Office 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 Censor.

(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.

(1) Any of the following persons may submit a publication to the Classification Office for a decision on that publication's classification:

• (a) The Chief Executive of the New Zealand Customs Service:

• (ab) the Commissioner of Police:

• (b) The Secretary:

• (c) Subject to subsection (2) of this section, any other person.

(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.

(3) 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 reasonable steps to obtain a copy of the publication and submit it to the Classification Office under paragraph (a) or, as the case requires, paragraph (b) of subsection (1) of this section.

(1) A publication shall be submitted to the Classification Office under subsection (1)(a) or (b) of section 13 of this Act by lodging a notice of submission in the prescribed manner with the Classification Office.

(2) Every notice of submission shall be in the form provided for that purpose by the Chief Censor.

(3) Every notice of submission lodged with the Classification Office shall be accompanied by—

• (a) The prescribed fee (if any); and

• (b) A copy of the publication to which the notice relates.

(1) Every person who wishes to submit a publication to the Classification Office under section 13(1)(c) of this Act shall lodge a notice of submission in the prescribed manner with the Classification Office.

(2) 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).

(3) Subject to section 16 of this Act, on receiving a notice of submission lodged under this section, the Chief Censor shall decide whether or not to give leave for the publication to be submitted to the Classification Office.

(4) Where the Chief Censor grants leave under this section in relation 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—

• (a) That decision; and

• (b) In the case of a refusal to grant leave, the reasons for 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 Office may determine, be entitled to a copy of the notice given pursuant to subsection (5) of this section in relation to that refusal.

(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—

• (a) Consider the publication; and

• (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 Classification Office; and

• (c) Report his or her opinion to the Chief Censor.

(3) In making a determination under subsection (2) of this section, the complaints officer shall have regard to any guidelines issued for the purpose by the Chief Censor.

(4) Where the Chief Censor receives a report under subsection (2)(c) of this section in relation to a publication, the Chief Censor shall take the recommendation in that report into consideration in deciding, under section 15 of this Act, whether or not to grant leave for the publication to be submitted to the Classification Office.

(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.

(2) If the Classification Office, after taking such steps as are required 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 submitted that notice accordingly.

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 submitting the publication to make it available for examination by the Classification Office at such place as the Classification Office directs, and to pay all or any of the costs associated with the examination of the publication at that place.

(1) This section applies if a person (the submitter) submits a publication to the Classification Office under section 13.

(2) 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).

(3) The Chief Censor may, before the publication has been classified 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:

• (b) that the fact that the submission has been made is to be publicised, in a manner and within a time the Chief Censor specifies.

(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 submitter to give that notice or to publicise that fact.

(5) 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 burden on the submitter.

(1) The following persons may make written submissions to the Classification Office in respect of the classification of any publication submitted to the Classification Office under section 13 of this Act:

• (a) The Secretary:

• (b) The person who submitted the publication:

• (c) Any person who is notified under section 19(4) or (5):

• (d) 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 referral is made shall have the right to make written submissions to the Classification Office in respect of the classification of that publication.

(1) 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 publication 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 publications shall apply to the exhibition or display of a publication by or at the request of the Classification Office for the purposes of subsection (1) of this section.

(3) 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 submissions to the Classification Office in relation to the publication:

• (b) Obtain information from such persons, and make such inquiries, as it thinks fit.

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.

(1) As soon as practicable after a publication has been submitted or referred to the Classification Office under this Act, the Classification Office shall examine the publication to determine the classification of the publication.

(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) Unrestricted; or

• (b) Objectionable; or

• (c) Objectionable except in any one or more of the following circumstances:

  • (i) If the availability of the publication is restricted to persons who have attained a specified age not exceeding 18 years:

  • (ii) If the availability of the publication is restricted to specified persons or classes of persons:

  • (iii) If the publication is used for one or more specified purposes.

(3) Without limiting the power of the Classification Office to classify a publication as a restricted publication, a publication that would otherwise be classified as objectionable may be classified as a restricted publication in order that the publication may be made available to particular persons or classes of persons for educational, professional, scientific, literary, artistic, or technical purposes.

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.

(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.

(2) 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.

For the purposes of this Act, the classification given to a publication 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.

(1) Where, pursuant to this Part of this Act, the Classification Office 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 publication should be imposed pursuant to this section, and may, at the time of classifying that publication, impose such conditions.

(2) 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 following matters:

• (a) The reasons for classifying the publication as a restricted publication:

• (b) The terms of the classification given to the publication:

• (c) 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.

(3) Where the Classification Office considers that the public display of the publication, if not subject to conditions under this section, would be likely to cause offence to reasonable members 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.

(4) 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 classification given to the publication must be shown by way of a label—

  • (i) issued in accordance with a direction under section 36A(2); and either

  • (ii) affixed to the publication in a manner specified by the Classification Office; or

  • (iii) brought in some other, more practical or convenient way to the attention of persons to whom the publication is displayed in a manner specified by the Classification Office:

• (b) That the publication must be publicly displayed only in a sealed package:

• (c) That where the publication is publicly displayed in a package, the package must be made of opaque material:

• (d) That—

  • (i) The publication; or

  • (ii) Any advertising poster relating to the publication,—

  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):

• (e) That—

  • (i) The publication; or

  • (ii) Any advertising poster relating to the publication,—

  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 direct request for the publication or, as the case requires, the poster.

(5) 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) The film; or

  • (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):

• (b) 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:

• (c) That—

  • (i) The film; or

  • (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.

(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.

(2) Subject to subsections (2) and (3) of section 27 of this Act, in determining whether to impose, or in imposing, in respect of a publication other than a book or a newspaper, the condition specified in section 27(4)(a) of this Act, the Classification Office 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.

(4) 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) On the exterior of those premises:

• (b) In the immediate vicinity of those premises.

(1) Except as provided in subsections (2) and (3) of this section, where in any civil or criminal proceedings before a court (including any proceedings under section 116 of this Act) a question arises whether any publication—

• (a) Is objectionable; or

• (b) Is objectionable except in any one or more of the following circumstances:

  • (i) If the availability of the publication is restricted to persons who have attained a specified age:

  • (ii) If the availability of the publication is restricted to specified persons or classes of persons:

  • (iii) If the publication is used for one or more specified purposes,—

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 admits that a publication—

• (a) Is objectionable; or

• (b) Is objectionable except in any one or more of the circumstances referred to in subsection (1)(b) of this section,—

the court may accept that admission and dispense with a reference 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 publication under section 41 of this Act, the court shall dispense with a reference to the Classification Office in those proceedings.

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 findings to the court that referred the publication.

Where,—

• (a) 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

• (b) 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 specified in section 48A, that deadline; or

• (d) if an application for a review of that kind is lodged before that deadline, the Board has made a determination in relation to that review.

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.

(1) In any case to which section 32 of this Act applies, the Classification 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 Classification Office; and

• (b) 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.

(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 accordance with section 23 of this Act as if each of the required excisions and alterations were made.

(3) 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 Office 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.

(4) 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 distributor of the film had been made.

(5) In determining whether to exercise, or in exercising, the Classification 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.

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,—

• (a) That classification shall apply in respect of that film only if those excisions or alterations are in fact made; and

• (b) 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.

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.

(1) Where the Classification Office has examined and classified a film submitted to it pursuant to section 12 of this Act, the Classification 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.

(3) 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

  • (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 Classification Office has imposed conditions on the public display 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 Classification 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.

(1) 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

• (b) imposed pursuant to section 27(4)(a) a condition requiring the classification given to the publication to be shown when it is on public display.

(2) 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 section 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

• (b) any previous direction by the Classification Office to the labelling body to issue a label in respect of the publication.

(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 (in this section called a serial publication order) in respect of that serial publication.

(2) 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 Office 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.

(3) 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

• (b) Shall come into force on the day after the date of its entry in the register; and

• (c) Shall, unless sooner revoked, remain in force for such period, not exceeding 2 years, as is specified in the order; and

• (d) 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

• (b) The Classification Office has imposed conditions pursuant 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 restricted 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 relation to any issue to which the order applies (other than an 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 Classification 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.

(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.

(8) The Classification Office may, on the application of any of the following persons, revoke or vary the terms of any serial publication order:

• (a) The applicant for the order:

• (b) The Secretary:

• (c) 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.

(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 submitted the publication to the Classification Office.

(2) Every notice under subsection (1) of this section shall specify—

• (a) The reasons for the decision; and

• (b) The classification given to the publication; and

• (c) Where, pursuant to section 27 of this Act, the Classification Office has imposed conditions on the public display of the publication, or any advertising poster or film poster relating to the publication, or both, those conditions; and

• (d) 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:

• (e) 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 labelling body under section 36A(2) to issue a label in respect of that publication.

(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.

(1) The Chief Censor shall set up and maintain a Register of Classification Decisions.

(2) 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 Classification Office; and

• (b) Where that publication is examined by the Board, the classification given to the publication by the Board; and

• (c) Such other particulars as may be prescribed.

(3) The register shall be open to inspection by the public during ordinary office hours.

(1) 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.

(2) 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

• (b) 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.

(3) 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.

(4) 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.

(1) 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 conclusive evidence in any proceedings that the publication—

• (a) Is not objectionable; or

• (b) Is objectionable; or

• (c) Is objectionable except in any one or more of the following circumstances, as specified in the decision:

  • (i) If the availability of the publication is restricted to persons who have attained a specified age:

  • (ii) If the availability of the publication is restricted to specified persons or classes of persons:

  • (iii) If the publication is used for one or more specified purposes.

(2) Where any person is charged with an offence against this Act or any other enactment, nothing in subsection (1) of this section shall prevent that person from challenging any decision of the Classification Office or the Board in respect of any publication if not less than 1 year has 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).

(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 decision to the Classification Office for reconsideration, or to the Board where the decision to be reconsidered is a decision of the Board.

(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 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.

(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

• (b) The Chief Censor is satisfied that there are special circumstances justifying reconsideration of the decision.

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 Classification 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 necessary modifications, to the decision of the Classification Office.

(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.

(2) Every application shall be in the form provided for that purpose 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 publication, the Classification Office,—

• (a) After taking into account the matters referred to in section 3 of this Act; and

• (b) 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,—

may exempt that class of persons or that person from the provisions of this Act in respect of that publication for such period as the Classification Office thinks fit.

(4) 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.

(5) 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 information.

(6) An exemption under this section may be granted absolutely, or subject to such conditions as may be specified in any regulations made under this Act or as may be imposed by the Classification Office.

(1) Where the Classification Office makes a decision in respect of any application made under section 44 of this Act, the Classification Office shall give written notice of its decision to the applicant.

(2) Every notice under subsection (1) of this section shall specify—

• (a) The reasons for the decision; and

• (b) If the exemption has been granted, the terms of the exemption, including—

  • (i) The period for which the exemption is to continue; and

  • (ii) The conditions (if any) to which the exemption is subject.

In any prosecution for an offence against this Act, the burden 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.

(1) Any of the persons specified in subsection (2) of this section who are dissatisfied with any decision of the Classification Office with respect to the classification of any publication shall be entitled, on application, to have the publication reviewed by the Board.

(2) The following persons may seek a review under subsection (1) of this section:

• (a) Where the publication has been submitted to the Classification Office pursuant to section 13 or section 42 of this Act, the person who submitted that publication:

• (b) Where the publication has been submitted to the Classification Office by the labelling body pursuant to section 12 of this Act, the labelling body:

• (c) Where the publication has been referred to the Classification 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:

• (d) In all cases, the owner, maker, publisher, or authorised distributor of the publication:

• (e) With the leave of the Secretary, any other person.

(3) Every application for the leave of the Secretary under subsection (2)(e) must—

• (a) be made in the prescribed manner; and

• (b) be lodged with the Secretary before the deadline specified in subsection (3A).

(3A) The deadline referred to in subsection (3)(b) is the end of ordinary 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).

(4) 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 advertising 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.

(1) Every application for a review under section 47 of this Act shall—

• (a) Be in the prescribed form; and

• (b) be lodged with the Secretary before the relevant deadline specified in section 48A; and

• (c) Be accompanied by the prescribed fee (if any).

(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.

The deadline referred to in section 48(1)(b) is,—

• (a) if the person concerned requires the leave of the Secretary 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

  • (ii) 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

• (b) in every other case, the end of ordinary office hours on 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).

(1) Any person who is entitled, under section 53(2) of this Act, to make written submissions to the Board in relation to a publication submitted for review under section 47 of this Act may, at any time before the review is completed, apply to the President 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.

(2) Every application under subsection (1) of this section shall be dealt with as soon as practicable.

(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.

(1) 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

• (b) Serve notice of the making of the order on such persons or classes of persons as the President of the Board shall direct.

(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 and as soon as reasonably practicable, a notice of the making of the order to that other person.

(1) 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.

(2) The President of the Board may, on the application of any of the following persons, or on the President's own motion, revoke an interim restriction order:

• (a) The applicant for the order:

• (b) The owner, maker, publisher, or authorised distributor of the publication to which the order relates:

• (c) Any other person who satisfies the President of the Board that the person is detrimentally affected by the existence of the order.

(3) Every order under this section that revokes an interim restriction order shall be published in the Gazette, and shall be advertised in such manner, and notified to such persons, as the President of the Board shall direct.

(1) Every review under this Part of this Act shall be conducted as soon as practicable.

(2) Every review under this Part of this Act shall be by way of re-examination of the publication by the Board without regard to the decision of the Classification Office.

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

(4) In determining the classification of any publication, the Board shall take into account the matters referred to in sections 3 to 3D.

(1) 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.

(2) The following persons shall be entitled to make written submissions to the Board in relation to a publication submitted for review:

• (a) The applicant for review:

• (b) 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:

• (c) Any other person who satisfies the Board that the person is likely to be affected by the Board's decision.

(3) The Board may, on the application of any person who is entitled to make written submissions to the Board in respect of the review, or on its own motion, hold a hearing for the purposes of hearing oral submissions in respect of any review.

(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 subsections (2) to (4) of section 54 of this Act, to make submissions to the Board in respect of the review.

(1) For the purposes of any review under this Part of this Act, the Board shall have the same power to consult any person (including the Classification Office), invite written submissions, obtain information, and make inquiries as is conferred on the Classification Office by section 21 of this Act.

(2) 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.

(3) If the Board consults the Classification Office otherwise than on purely technical matters, it shall notify the person submitting 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.

(4) If the Board consults any person who is a party to the proceeding 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 Classification Office and those persons to make submissions to the Board in relation to that publication.

(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 restricted publication, determine in accordance with section 27 of this Act whether or not conditions should be imposed in respect of the public display of that publication, or any advertising poster or, as the case requires, any film poster relating to the publication, or both, and if so, what conditions; and

• (c) Give written notice of its decision, and of the reasons for its decision, to—

  • (i) The applicant for review; and

  • (ii) The Classification Office; and

  • (iii) If the review is in respect of a publication referred to the Classification Office by a court pursuant 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

• (da) where the review is in respect of a publication (other than a film) and the Board imposes a condition pursuant 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

• (e) Direct the Classification Office—

  • (i) To enter the Board's decision in the register; and

  • (ii) 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 publication (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.

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 reconsideration as if it were a review of that publication under section 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 modifications, shall apply with respect to any such reconsideration.

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.

(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.

(2) 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:

• (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:

• (d) The owner, maker, publisher, or authorised distributor of the publication in respect of which the determination was made.

(3) Subject to this Part of this Act, every appeal under this section shall be dealt with in accordance with rules of Court.

(1) 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) The Registrar of the High Court at Wellington; and

• (b) The Secretary.

(2) 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.

(3) 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.

(4) Every notice of appeal shall specify—

• (a) The determination or the part of the determination appealed from; and

• (b) The error of law alleged by the appellant; and

• (c) The question of law to be resolved; and

• (d) The grounds of the appeal, which grounds shall be specified with such reasonable particularity as to give full advice to both the Court and the other parties of the issues involved.

(5) The Secretary shall, as soon as practicable after receiving a notice of appeal, send a copy of the whole of the determination appealed against to the Registrar of the High Court at Wellington.

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.

(1) 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 appear and be heard.

(2) 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 relating to the appeal; and

• (b) To receive a notice of the date set down for the hearing of the appeal.

(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.

(2) 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.

(1) 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 document 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:

• (c) 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.

(2) An application under subsection (1) of this section shall be made,—

• (a) In the case of the appellant, within 20 working days after the date of the lodging of the notice of appeal; or

• (b) 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) 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.

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

• (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.

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 prescribed 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.

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

• (b) Either—

  • (i) That no application has been lodged under section 63 of this Act and that no order has been made under that section; or

  • (ii) That any application lodged under section 63 of this Act has been heard and that any order under that section has been complied with,—

the appeal shall be, in all respects, ready for hearing and the Registrar shall arrange a date for the hearing as soon as is practicable.

(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 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.

(2) Every application under subsection (1) of this section shall be dealt with as soon as practicable.

(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.

(1) 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 High Court or a Judge of that Court shall direct; and

• (b) Serve notice of the making of that order on such persons or classes of persons as the Court or Judge shall direct.

(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 and as soon as reasonably practicable, a notice of the making of the order to that other person.

(1) 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.

(2) The High Court or a Judge of that Court may, on the application 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) The applicant for the order:

• (b) Any other party to the appeal:

• (c) The owner, maker, publisher, or authorised distributor of the publication to which the order relates:

• (d) Any other person who satisfies the High Court or a Judge of that Court that the person is detrimentally affected by the existence of the order.

(3) Every order under this section that revokes an interim restriction order shall be published in the Gazette, and shall be advertised in such manner, and notified to such persons, as the Court or a Judge directs.

(1) 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.

(2) Every such appeal shall be heard and determined in accordance with rules of Court.

The functions of the labelling body are as follows:

• (a) In accordance with regulations made under this Act,—

  • (i) To assign a rating to any film referred to it for the issue of a label:

  • (ii) Where appropriate, to assign a description to any such film to indicate whether it contains anti-social behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour:

• (b) To issue in respect of any such film a label that contains the rating and description (if any) assigned to that film:

• (ba) 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 Classification 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

  • (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:

• (bb) 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) a film to which section 36(1) or (2) applies:

  • (ii) a publication (other than a film) that is the subject of a condition imposed pursuant to section 27(4)(a):

• (c) 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.

(1) 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—

• (a) 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

• (b) Continue in force until it is revoked under section 75 of this Act.

(3) The Minister may grant an approval under this section subject to such conditions as the Minister thinks fit.

(4) 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 following persons:

  • (i) Persons engaged in the distribution or public supply of films in New Zealand; and

  • (ii) Persons engaged in the production of films in New Zealand; and

  • (iii) Persons engaged in the public exhibition of films in New Zealand; and

• (b) 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

• (c) The body or organisation will take all reasonable steps to ensure that notice of the rating and description assigned to any such film is disseminated to persons engaged 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.

(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

• (b) The procedure by which that body or organisation proposes to carry out the functions of the labelling body under this Act.

(2) 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 approval 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.

(1) 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.

(2) 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 Consumer Affairs, which recommendation may be made only after 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 labelling body is revoked under section 75 of this Act.

(5) The Minister may at any time, by notice in the Gazette, revoke the appointment of any person under subsection (1) of this section, and that person shall, on the day of the publication of the notice, cease to hold office under that subsection.

(6) 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.

(7) 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.

(1) 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 Minister on that body's approval; or

• (c) Has failed to comply with any obligation imposed on the labelling body by or under this Act.

(2) The Minister shall not revoke any approval pursuant to subsection (1) of this section unless the labelling body has first been given an opportunity to be heard.

(1) There shall be an office called the Office of Film and Literature Classification.

(2) The Office of Film and Literature Classification is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(3) The Crown Entities Act 2004 applies except to the extent that this Act expressly provides otherwise.

(1) The functions of the Classification Office are as follows:

• (a) To determine the classification of any publication submitted to it under this Act:

• (b) 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 criminal proceedings (including proceedings under section 116 of this Act):

• (c) To determine, in accordance with section 27 of this Act, whether or not, in the case of any publication classified as a restricted publication, conditions should be imposed in respect of the public display of that publication, or any advertising poster or, as the case requires, any film poster relating to the publication, or both, and if so, what conditions:

• (d) 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:

• (e) 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:

• (f) To exercise and perform such other functions, powers, and duties as are conferred or imposed on the Classification Office by or under this Act or any other enactment.

(2) 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) this Act; and

• (b) any other Act that expressly provides for the functions, powers, or duties of the Classification Office (other than the Crown Entities Act 2004).

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

(2) The Chief Censor and the Deputy Chief Censor are the board for the purposes of the Crown Entities Act 2004.

(3) The Chief Censor and the Deputy Chief Censor hold office as chairperson and deputy chairperson of the board respectively, for the same term as they hold office as Chief Censor and Deputy Chief Censor, for the purposes of the Crown Entities Act 2004.

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

(1) The Chief Censor and the Deputy Chief Censor must be appointed under section 28(1)(b) of the Crown Entities Act 2004 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.

(2) The Chief Censor may from time to time, under clause 2 of Schedule 1 to this Act, appoint as classification officers persons to assist the Chief Censor and the Deputy Chief Censor in carrying out their functions and powers under this Act.

(3) 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.

(4) 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 different aspects of matters likely to come before the Classification Office.

(5) Clause 1 of Schedule 5 of the Crown Entities Act 2004 does not apply.

(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.

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

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

Clauses 3 and 4 of Schedule 5 of the Crown Entities Act 2004 do not apply.

(1) Neither the Chief Censor nor the Deputy Chief Censor may be a member of a local authority.

(2) This section does not limit section 30 of the Crown Entities Act 2004.

(1) 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.

(2) In other respects, section 25 of the Crown Entities Act 2004 applies.

(3) 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 officer.

(4) In other respects, section 73 of the Crown Entities Act 2004 applies.

(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 arising), 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.

(2) The fact that the Deputy Chief Censor exercises any power, duty, or function of the Chief Censor shall be conclusive evidence of his or her authority to do so.

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

(1) 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.

(3) 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 delegation.

(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.

(1) There shall be a unit within the Classification Office called the Information Unit.

(2) 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 Classification Office to perform its functions effectively:

• (b) To disseminate to the public information about—

  • (i) The functions and powers of the Classification Office; and

  • (ii) The procedures for the classification of publications:

• (c) To receive inquiries and complaints concerning the operation of the classification system established under this Act.

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

There is hereby established a Board called the Film and Literature Board of Review.

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.

(1) The Board shall consist of 9 members.

(2) 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.

(5) In making any recommendation to the Governor-General 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.

(1) 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 appointment under section 93 of this Act of any person who has previously 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.

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) That member is reappointed; or

• (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.

(1) Any member of the Board may at any time be removed from office by the Governor-General 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 Governor-General.

(2) Any member of the Board may at any time resign his or her office by giving written notice to that effect to the Minister.

(3) If a member dies, resigns, or is removed from office, the vacancy so created shall be filled in the same manner as the appointment of the member vacating office.

(1) If the President of the Board is 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 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.

(2) 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.

(3) 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.

(5) If any member of the Board (other than the President) is unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board, the Minister may appoint any person to act in the place of that member 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.

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.

(1) A member of the Board is entitled—

• (a) 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

• (b) in accordance with the fees framework, to be reimbursed 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.

(1) The Board of Review shall meet for the conduct of its business at such times and places as it considers necessary.

(2) Subject to section 101 of this Act, every review shall be conducted by the President and at least 4 other members of the Board.

(3) 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.

(4) Subject to the provisions of this Act, the Board shall determine its own procedure.

(1) 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.

(2) 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.

(3) 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.

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.

(1) 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.

(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.

(3) Every member of the Police shall be deemed to be an Inspector for the purposes of this Act.

(1) 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.

(3) 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.

(1) 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.

(2) Every such warrant shall contain—

• (a) A reference to this section; and

• (b) The full name of the Inspector; and

• (c) A reference to the powers set out in section 106 of this Act.

(3) The production by an Inspector of—

• (a) A warrant issued under this section; or

• (b) Any evidence that that person is a member of the Police—

shall, in the absence of evidence to the contrary, be sufficient authority for any such Inspector to do anything authorised by this Act.

(4) 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.

(1) Every Inspector may enter any premises (not being a private residence) in which—

• (a) Films are offered for public supply; or

• (b) Publications are publicly displayed; or

• (c) 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

• (e) Any conditions imposed pursuant to section 27 of this Act—

are being complied with.

(2) An Inspector shall not enter any such premises at any time when those premises are not open to the public, unless accompanied 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.

(3) Every Inspector shall, on entering any premises pursuant to subsection (1) of this section, and at any other time when required 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.

(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 classification of any film, or the classification of any publication 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 reasonably require for the purposes of the inspection.

(5) No person shall be required to answer any question by an Inspector 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 conferred by this section.

(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

• (b) 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,—

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) An Inspector discovers any person publicly displaying any publication; and

• (b) The Inspector believes, on reasonable grounds,—

  • (i) That the publication is a restricted publication or, by virtue of a serial publication order, is to be treated as a restricted publication; and

  • (ii) 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) An Inspector discovers any person publicly displaying—

  • (i) Any advertising poster; or

  • (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

• (b) 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 Secretary.

(4) Subject to subsection (5) of this section, the Secretary may retain any publication, advertising poster, or film poster delivered 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 accordance with section 118 of this Act; and the provisions of that section, with any necessary modifications, shall apply accordingly.

(5) The Secretary may, at any time, return the publication, advertising poster, or film poster to the person entitled to it, subject to any such conditions relating to compliance with the provisions of this Act with respect to the publication, advertising poster, or film poster as the Secretary may specify.

(1) Subject to subsection (2) of this section, where an Inspector or a member of the Police, in the course of carrying out his or her lawful duties, discovers any publication that he or she believes, on reasonable grounds, to be objectionable, that person may, without further authority than this section, seize that publication.

(2) Nothing in subsection (1) of this section applies to any publication that is in the possession of any person in circumstances in which, 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 subsection (1) of that section.

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

• (b) any thing that there are reasonable grounds to believe will be evidence of the commission of an offence of that kind; or

• (c) any thing that there are reasonable grounds to believe is intended to be used for the purpose of committing an offence of that kind.

(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—

  • (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

  • (ii) any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126; or

  • (iii) an objectionable publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 131A (offences relating to possession of objectionable publications and involving knowledge); or

  • (iv) any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A; and

• (b) that in all the circumstances it is reasonable to do so.

(2) 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

• (b) any information provided by the applicant about the importance, to the investigation of the offence, of the issue of a warrant; and

• (c) any other matter the Judge considers relevant.

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—

• (a) that, in the particular case,—

  • (i) that all reasonable efforts have been made to obtain a warrant under section 109A; but

  • (ii) that no District Court Judge is available to deal with an application under section 109A; and

  • (iii) that delaying a search until a warrant under section 109A could be obtained would create a real risk that the purpose of that search would be frustrated; 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

  • (ii) any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126; or

  • (iii) an objectionable publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 131A (offences relating to possession of objectionable publications and involving knowledge); or

  • (iv) any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A.

An application under section 109 or section 109A or section 109B may be made by an Inspector or a member of the police.

(1) Every search warrant shall be in the prescribed form.

(2) Every search warrant shall be directed generally to every Inspector and every member of the Police.

(3) Every search warrant shall be subject to such special conditions (if any) as the person issuing the warrant may specify in the warrant.

(4) Every search warrant shall contain the following particulars:

• (a) The place or thing that may be searched pursuant to the warrant:

• (b) The offence or offences in respect of which the warrant is issued:

• (c) A description of the kind of property that is authorised to be seized:

• (d) The period during which the warrant may be executed, being a period not exceeding 14 days from the date of issue:

• (e) Any conditions specified pursuant to subsection (3) of this section.

(1) A search warrant may be executed by any Inspector or any member of the Police.

(2) Subject to any special conditions specified in the warrant pursuant 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

• (b) To use such assistants as may be reasonable in the circumstances for the purpose of the entry and search; and

• (c) 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

• (d) to search for and seize anything referred to—

  • (i) in section 109(a) to (c), if the warrant is issued under section 109; or

  • (ii) in section 109A(1)(a)(i) or (ii), if the warrant is issued under section 109A in respect of an offence against section 126; or

  • (iii) in section 109A(1)(a)(iii) or (iv), if the warrant is issued under section 109A in respect of an offence against section 131A; or

  • (iv) in section 109B(b)(i) or (ii), if the warrant is issued under section 109B in respect of an offence against section 126; or

  • (v) in section 109B(b)(iii) or (iv), if the warrant is issued under section 109B in respect of an offence against section 131A.

(3) 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.

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

If it is necessary for a member of the Police to stop a vehicle for the purpose of exercising a search power conferred by section 111(2), sections 314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power are references to section 111(2).

Every person executing any search warrant—

• (a) Shall have that warrant with him or her; and

• (b) Shall produce it on initial entry and, if requested, at any subsequent time; and

• (c) Shall identify himself or herself to any person in or on the place or thing to be searched; and

• (d) If he or she is a member of the Police who is not in uniform, shall produce evidence that he or she is a member of the Police; and

• (e) 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

• (f) 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.

(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 leaving 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) The date and time of the entry; and

• (b) 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.

(2) 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) The date and time of the execution of the warrant; and

• (b) The identity of the person who executed the warrant; and

• (c) The property seized under the warrant; and

• (d) The place or thing from which the property was seized; and

• (e) The place where the property is held.

Where property is seized under section 108 of this Act or pursuant to a search warrant, the property shall be kept in the custody 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.

(1) 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.

(2) 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.

(3) It shall not be necessary to issue a summons under subsection (1) or subsection (2) of this section in respect of any publication that the Classification Office or the Board has classified as an unrestricted publication or as a restricted publication.

(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 reference to the Classification Office if necessary, that the publication is objectionable, it may order the publication to be destroyed at the expiry of 10 working days from the making of the order, and the publication shall in the meantime be impounded.

(2) 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.

(4) If, on the hearing of a summons issued pursuant to section 115 of this Act in respect of a publication, the court is satisfied 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 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).

(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.

(1) This section shall apply with respect to anything seized under a search warrant, except where that thing is dealt with in accordance with sections 115 to 117 of this Act.

(2) 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.

(4) 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.

(5) Where any person is convicted in any proceedings for an offence 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 section, 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 prescribed, 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 and, where leave to appeal is granted, until the determination 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.

(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 sections apply to offences against section 209 of the Customs and Excise Act 1996 concerning the importation or exportation of objectionable publications.

(2) 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.

(3) A Customs officer may arrest a person without warrant in accordance 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 reasonable 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

• (b) the supply or distribution, by way of exportation from New Zealand, of an objectionable publication.

(4) Section 174(3) and (4) of the Customs and Excise Act 1996 applies to an arrest by a Customs officer under subsection (3).

(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).

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.

(1) Every person commits an offence against this Act who supplies 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) 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

• (b) In contravention of regulations made under this Act,—

  • (i) Fails to display, in the prescribed form and manner, the contents of any label issued under this Act in respect of a film; or

  • (ii) Fails to advertise, in the prescribed form and manner, the contents of any such label.

(3) Every person commits an offence against this Act who supplies to the public or offers for supply to the public any film at 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 issued under this Act in respect of that film.

(4) Nothing in this section shall apply in relation to the public supply 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.

(5) 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) In the case of an individual, $3,000:

• (b) In the case of a body corporate, $10,000.

(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 appearance, or in any other manner, to cause any person to believe, contrary to the fact, that the label was issued under this Act.

(2) Every person who commits an offence against this section is liable to a fine not exceeding,—

• (a) In the case of an individual, $3,000:

• (b) In the case of a body corporate, $10,000.

(1) In sections 123 to 132, unless the context otherwise requires, distribute, in relation to a publication, means—

• (a) to deliver, give, or offer the publication; or

• (b) to provide access to the publication (for example, to provide access by means of a public data network to digital content that is or includes the publication).

(2) However, a person does not distribute a publication unless the person—

• (a) intends, or knows of, the act of distribution; and

• (b) knows what, in general terms, the publication is or contains.

(3) 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) delivery of the publication in physical form; or

• (b) transmission (other than by broadcasting) of the contents of the publication.

(4) 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

• (b) a network operator or service provider providing only a network or facility through which the contents of the publication are transmitted.

In section 122,—

(1) 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

• (c) imports into New Zealand an objectionable publication for the purposes of supply or distribution to any other person; or

• (d) supplies or distributes (including in either case by way of exportation from New Zealand) an objectionable publication to any other person; or

• (e) has in that person's possession, for the purposes of supply or distribution to any other person, an objectionable publication; or

• (f) in expectation of payment or otherwise for gain, or by way of advertisement, displays or exhibits an objectionable publication to any other person.

(2) 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:

• (b) in the case of a body corporate, to a fine not exceeding $30,000.

(3) 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—

• (a) supplied (within the meaning of that term in section 2) for the purposes of any of paragraphs (b) to (e) of subsection (1); or

• (b) distributed (within the meaning of that term in section 122) for the purposes of any of paragraphs (b) to (e) of subsection (1); or

• (c) imported into New Zealand for the purposes of paragraph (c) of subsection (1),—

not only in a physical form but also by means of the electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication, other than by broadcasting) of the contents of the publication.

(1) 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 objectionable.

(2) 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:

• (b) in the case of a body corporate, to a fine not exceeding $200,000.

(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) import a publication into New Zealand (whether with the involvement of an overseas official or not):

• (b) export a publication from New Zealand to an overseas official:

• (c) 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 distribution of the kind specified in paragraph (c):

• (e) be in possession of a publication for the purposes of distribution of the kind specified in paragraph (c).

(2) In subsection (1), overseas official means a person in a country other than New Zealand who holds an office in that country 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.

(3) This subsection applies to a charge under section 123 or section 124 that the defendant—

• (a) distributed a publication; or

• (b) made a copy of a publication for the purposes of distribution to any other person; or

• (c) possessed a publication for the purposes of distribution to any other person.

(4) 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).

(1) Every person commits an offence against this Act who—

• (a) Supplies, distributes, exhibits, displays, or otherwise deals with a restricted publication otherwise than in accordance with the classification assigned to that publication 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.

(2) Every person who commits an offence against subsection (1) of this section is liable to a fine not exceeding,—

• (a) In the case of an individual, $3,000:

• (b) In the case of a body corporate, $10,000.

(3) 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.

(1) 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

• (b) Supplies, distributes, exhibits, or displays to any person under the age of 18 years any publication—

  • (i) That is objectionable if made available to a person of the age of the person to whom it is so supplied, distributed, exhibited, or displayed; and

  • (ii) That the person so supplying, distributing, exhibiting, 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 person.

(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:

• (b) In the case of a body corporate, to a fine not exceeding $25,000.

(1) Every person commits an offence against this Act who exhibits or displays an objectionable publication to any person under the age of 18 years.

(2) 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:

• (b) in the case of a body corporate, to a fine not exceeding $30,000.

(3) 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) 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.

(5) 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:

• (b) in the case of a body corporate, to a fine not exceeding $200,000.

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—

• (a) For educational or professional purposes; and

• (b) By or at the direction of the Chief Censor; and

• (c) At premises occupied by the Classification Office.

(1) Every person commits an offence against this Act who exhibits or displays an objectionable publication in or within view of a public place.

(2) 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) in the case of an individual, to a fine not exceeding $10,000:

• (b) in the case of a body corporate, to a fine not exceeding $30,000.

(3) Every person commits an offence against this Act who distributes an objectionable publication to any person in a public place knowing or having reasonable cause to believe that the publication is objectionable.

(4) 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:

• (b) in the case of a body corporate, to a fine not exceeding $50,000.

(1) Every person commits an offence against this Act who—

• (a) Publicly displays any restricted publication or any film poster or advertising poster otherwise than in accordance with any condition or conditions imposed pursuant to section 27 of this Act in respect of that publication or poster; or

• (b) Publicly displays any restricted publication or any film poster or advertising poster in contravention of any such condition.

(2) Every person who commits an offence against subsection (1) of this section is liable to a fine not exceeding,—

• (a) In the case of an individual, $5,000:

• (b) In the case of a body corporate, $15,000.

(3) 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 relates.

(1) Subject to subsections (4) and (5) of this section, every person commits an offence against this Act who, without lawful authority or excuse, has in that person's possession an objectionable publication.

(2) Every person who commits an offence against subsection (1) of this section is liable to a fine not exceeding,—

• (a) In the case of an individual, $2,000:

• (b) In the case of a body corporate, $5,000.

(3) 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) Nothing in subsection (1) of this section 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 to this Act:

• (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 member of the Police:

• (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 Matauranga o Aotearoa) Act 2003, the National Librarian, any other employee of the National Library Department, 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) 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

• (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 Matauranga o Aotearoa) Act 2003.

(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.

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

(1) Every person commits an offence who does any act that constitutes an offence against section 131(1), knowing or having reasonable cause to believe that the publication is objectionable.

(2) 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:

• (b) in the case of a body corporate, to a fine not exceeding $100,000.

A person may be convicted of exhibiting an objectionable publication if what is exhibited is in all the circumstances objectionable, notwithstanding that it is a part only of a publication that is not objectionable or is a restricted publication.

(1) This section applies to an offence (the offence) if it is committed after the commencement of this section and it is an offence against—

• (a) section 124(1); or

• (b) section 127(4); or

• (c) section 129(3); or

• (d) section 131A(1); or

• (e) section 209(1A) of the Customs and Excise Act 1996.

(2) 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:

• (b) describes, depicts, or otherwise deals with sexual conduct with or by children, or young persons, or both:

• (c) exploits the nudity of children, or young persons, or both.

(3) 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 Office, or of the Board, to the reasons for the decision given by the Classification Office, under section 38, or by the Board, under section 55; and

• (b) 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.

Every person commits an offence and is liable to a fine not exceeding,—

• (a) In the case of a individual, $3,000; or

• (b) In the case of a body corporate, $10,000,—

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.

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 Inspector's duties under this Act; or

• (b) Fails to comply with any requirement of an Inspector under subsection (4) of section 106 of this Act, otherwise than on the ground set out in subsection (5) of that section.

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.

(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 Classification Office if necessary, that any publication the subject of the prosecution is objectionable, order that the publication be destroyed at the expiration of 10 working days from the making of the order, and the publication shall in the meantime be impounded.

(2) 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 subsection (1) of this section.

(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 equipment, goods, or other thing used in respect of the commission of the offence be forfeited to the Crown; and anything so forfeited shall be sold, destroyed, or otherwise disposed of as the Minister directs.

(4) Before making an order under subsection (1) or subsection (3) of this section, the court shall give—

• (a) The person convicted; and

• (b) Any other person who, in the opinion of the court, would be directly affected by the making of the order—

an opportunity to be heard.

(5) 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.

(6) Section 117 of this Act shall apply for the purposes of this section with such modifications as are necessary.

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.

(1) In this section, the term illegal action means the supply, distribution, display, exhibition, advertisement, or making available of an objectionable publication contrary to the provisions of this Act.

(2) 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 first-mentioned 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 first-mentioned person, unless it is done without that other person's express or implied authority, precedent or subsequent.

(4) In any proceedings (being proceedings for an offence against this Act) against any person in respect of an illegal action alleged 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 employee from doing that illegal action, or from doing as an employee of that person acts of a class, category, or description that includes illegal actions.

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 the act that constituted the offence took place with that person's knowledge, authority, permission, or consent.

Where, in the case of any prosecution for an offence against this Act or any regulations made under this Act, the publication 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 sufficient evidence of the fact so stated unless the contrary is proved.

Notwithstanding anything in any contract, whether entered into before or after the commencement of this section, no person 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 publication 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

• (b) That person gives to the person from whom that person received or is to receive delivery of that publication notice in writing of that person's rejection or refusal of the publication, and of the reason for that rejection or refusal, as soon as practicable after that person becomes aware of the nature of the publication in question.

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 relation to objectionable publications):

• (b) section 127(4) (offence of exhibiting or displaying objectionable publication to person under age of 18 years knowing or having reasonable cause to believe that publication is objectionable):

• (c) section 131A(1) (offences relating to possession of objectionable publications and involving knowledge).

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.

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.

(1) No prosecution for an offence against any of sections 123 to 129 of this Act or against section 131 or section 131A or section 133 of this Act shall be commenced except with the leave of the Attorney-General.

(2) The Attorney-General may delegate the powers of the Attorney-General under subsection (1) of this section to the Commissioner of Police in respect of offences concerning any particular class of publications.

(3) 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.

(4) Any such delegation may be at any time revoked by the Attorney-General, 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.

(1) The Commissioner of Police may from time to time, by writing under the Commissioner's hand, either generally or particularly, 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 Commissioner under section 144 of this Act.

(2) Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(3) 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.

(4) 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.

(5) Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Commissioner of Police by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that Commissioner.

(6) The revocation of any such delegation shall not affect in any way anything done under the delegated authority.

(1) In this section and sections 145B and 145C,—

(2) 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) has been found in New Zealand; and

• (b) has not been extradited on the grounds that he or she is a New Zealand citizen.

(3) This section does not affect the application of any section referred to in paragraphs (a) to (e) of the definition of relevant offence in subsection (1) in respect of—

• (a) acts that occurred wholly within New Zealand; or

• (b) an offence that, under section 7 of the Crimes Act 1961, is deemed to be committed in New Zealand; or

• (c) acts to which section 8 of that Act applies; or

• (d) acts that, under section 8A of that Act, are deemed to have taken place within New Zealand.

(1) Proceedings for a relevant offence cannot be brought in a New Zealand court against a person without the Attorney-General'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 section 145A may be arrested for a relevant offence, or a warrant for the person's arrest for the offence may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General's consent to the bringing of proceedings against the person has not been obtained.

(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—

• (a) concluded before the commencement of section 34 of the Films, Videos, and Publications Classification Amendment Act 2005; and