Films, Videos, and Publications Classification Regulations 1994

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Films, Videos, and Publications Classification Regulations 1994

(SR 1994/189)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 29th day of August 1994

Present:
The Hon Doug Kidd presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.


Pursuant to sections 149 and 176 of the Films, Videos, and Publications Classification Act 1993, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Contents

1 Title and commencement

Part 1
Preliminary provisions

2 Interpretation

3 Meaning of consistent in character with main feature [Revoked]

4 Overseas classification authorities

Part 2
Labelling

Labelling of films

5 Application of this Part

6 Application for issue of label

7 Examination of film by labelling body

8 Films with main feature identical in content with main feature on film with rating or classification

9 Films with main feature not identical in content with main feature on film with rating or classification

10 Films not identical in content with films classified by overseas classification authority

11 Labelling body must submit film to Classification Office if film's trailer is inconsistent with its main feature

11A Steps referred to in regulation 11(3)

11B When film's trailer is inconsistent with its main feature

11C Symbols used in table in regulation 11B

Assigning of ratings and descriptions

12 Assigning of ratings

13 Rating symbols

14 Assigning of descriptions

15 Films already classified by Classification Office

Issue of labels in respect of films

16 Issue of labels by labelling body

17 Labels issued at direction of Classification Office or Board of Review

18 Issue of additional labels

Issue of labels in respect of other publications that are classified as restricted publications

18A Labels issued at direction of Classification Office or Board of Review under section 36A(2) of Act

18B Additional copies of label issued under regulation 18A

Films labels

19 Displaying labels

20 Further requirements relating to display of labels

Labels for other publications that are classified as restricted publications

20A Labels must be displayed, etc, in manner specified in relevant condition under section 27(4)(a) of Act

20B Cancelled labels

Part 3
Film posters

Approval of film posters by labelling body

21 Submission of film posters to labelling body

22 Examination and approval of film posters submitted with film

23 Examination and approval of film posters submitted separately

24 Labelling body to give notice of decision

25 Labelling body to maintain record of decisions on film posters

26 Subsequent decisions of Classification Office relating to film posters

Approval of film posters by Classification Office

27 Submission of film posters to Classification Office

28 Examination of film posters by Classification Office

29 Where film poster likely to be classified as restricted publication

30 Conditions relating to film posters

31 Excisions from or alterations to posters

32 Classification Office to give notice of decision

33 Classification Office to maintain record of decisions on film posters

Miscellaneous provision

34 Approval of poster subject to other restrictions

Part 4
Classification decisions

35 Register of Classification Decisions

36 List of decisions [Revoked]

Part 5
Public notification of ratings and classifications

37 Display or advertising of content of labels for films intended for public exhibition

38 On posters and other advertising material

39 On trailers

40 On radio advertisements

41 On television advertisements

42 Display of explanatory material in premises where films supplied, etc

Part 6
Applications for review

43 Application for leave of Secretary to apply for review

44 Applications for review

Part 7
Miscellaneous provisions

General

45 Refusal to examine publication not in good condition

46 Offences

47 Search warrants [Revoked]

48 Labelling body to disseminate information

49 Service of notices and other documents

50 Service by post

51 Service by means of document exchange or facsimile

52 Service on absentee

53 Chief Censor or President of Board may direct manner of service

54 Regulations as to service, etc to be read subject to express provision

Revocations

55 Revocations

Part 8
Transitional provisions

Application

56 Application of this Part

Equivalent ratings and classifications

57 Equivalent ratings and classifications

58 Issue of label in respect of film to which this Part applies

59 Assignment of rating or classification where conflicting decisions

60 Assignment of description

61 Labelling body must submit film to Classification Office if film includes inconsistent new material

61A Steps referred to in regulation 61(4)

61B When new material is inconsistent with film

61C Symbols used in table in regulation 61B

62 Old labels to be obscured

Film posters approved under Films Act 1983

63 Film posters approved under Films Act 1983

Compliance with requirements of Films Act 1983 or Video Recordings Act 1987

64 Compliance with requirements of Films Act 1983 [Expired]

65 Compliance with requirements of Video Recordings Act 1987

66 Expiry of regulation 64

Schedule 1
Labels for films

Schedule 1A
Labels for other publications that are classified as restricted publications

Schedule 2
Forms

Schedule 3
Regulations revoked

Schedule 4
Equivalent ratings and classifications


Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Films, Videos, and Publications Classification Regulations 1994.

    (2) These regulations shall come into force on 1 October 1994.

Part 1
Preliminary provisions

2 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    cassette, in relation to a video recording, means any case in which the video recording is kept and from which the video recording need not be removed in order for the video recording to be viewed

    classification symbol means a symbol appearing on a label to indicate the classification of a film that is a restricted publication

    display case, in relation to a film, means any case or other container (other than a case or container that is not intended to be displayed to the public)—

    • (a) in which the film is kept, or that is displayed, in any premises in which films are supplied or offered for supply, to indicate that the film is available for supply; and

    • (b) that shows the title of that film; and

    • (c) that must be removed before the film can be viewed

    film slick, in relation to a film, means any leaflet or notice (whether with or without illustrations or photographs) that contains information about the film and is intended to be affixed to, or inserted inside any sleeve of, any display case

    main feature, in relation to a film,—

    • (a) means the item on that film whose title is the title under which the film is solely or mainly marketed; but

    • (b) if there is a series of items on that film with the same running time (or very similar running times) and the same general title, and that title is the title under which the film is solely or mainly marketed, means the first of those items

    occupier in relation to any premises,—

    • (a) means the person occupying those premises; and

    • (b) includes—

      • (i) any agent, manager, or other person, acting in the general management or control of those premises; and

      • (ii) where the premises are occupied by a body of persons, whether corporate or unincorporate, the working manager

    overseas classification authority means an authority declared by regulation 4 to be an overseas classification authority

    public display, in relation to a film poster, means the display of the poster in a public place in circumstances that may reasonably be taken to indicate that the film to which the poster relates is available for public supply or public exhibition

    rating symbol means a symbol specified in regulation 13

    running time,—

    • (a) in relation to a film intended to be made available for public supply, means the time required for the viewing of the film:

    • (b) in relation to a film intended to be made available for public exhibition, means the time required for the exhibition of the film

    trailer means any material that is—

    • (a) included on a film; but

    • (b) not part of the main feature on that film.

    (2) In these regulations, unless the context otherwise requires, a reference to a numbered form is a reference to the form so numbered in Schedule 2.

    (3) Where any expression used in these regulations is not defined in these regulations but is defined in the Act, that expression shall, unless the context otherwise requires, have, in these regulations, the meaning given to it in the Act.

    Regulation 2(1) main feature: substituted, on 7 April 2005, by regulation 3 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

    Regulation 2(1) trailer: substituted, on 7 April 2005, by regulation 3 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

3 Meaning of consistent in character with main feature
  • [Revoked]

    Regulation 3: revoked, on 7 April 2005, by regulation 5(2) of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

4 Overseas classification authorities
  • (1) For the purposes of these regulations, the following authorities are hereby declared to be overseas classification authorities:

    • (a) the Films Censorship Board of Australia:

    • (b) the British Board of Film Classification.

    (2) Where, pursuant to regulation 9 or regulation 12, the labelling body is required to refer to classifications issued by overseas classification authorities, the labelling body—

    • (a) shall refer first to classifications issued by the overseas classification authority specified in paragraph (a) of subclause (1); and

    • (b) shall not refer to classifications issued by the overseas classification authority specified in paragraph (b) of subclause (1) unless no relevant classification has been issued by the overseas classification authority specified in paragraph (a) of that subclause.

Part 2
Labelling

  • Part 2 heading: substituted, on 22 May 2005, by regulation 4 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

Labelling of films

5 Application of this Part
  • Nothing in this Part (other than regulations 17 to 20) applies to any film—

    • (b) in respect of which a label has been issued under the Video Recordings Act 1987.

6 Application for issue of label
  • Every application under section 9(1) of the Act shall be accompanied by a statement specifying the running time of—

    • (a) the main feature on the film to which the application relates; and

    • (b) every trailer included on that film.

7 Examination of film by labelling body
  • (1) On receiving an application under section 9(1) of the Act, the labelling body shall assess whether the main feature on the film in respect of which the application is made is identical in content with the main feature on—

    • (a) any film that has been classified under the Act as a restricted publication; or

    • (b) any film to which a rating has been assigned under the Act.

    (2) In making an assessment under subclause (1), the labelling body shall take into account the following matters:

    • (a) the titles of the films:

    • (b) the names of the makers of the films:

    • (c) the countries of origin of the films:

    • (d) the running times of the films:

    • (e) the nature and extent of any excisions made to the other film:

    • (f) such other matters as the labelling body, in consultation with the Chief Censor, considers necessary to consider in order to make the assessment required.

8 Films with main feature identical in content with main feature on film with rating or classification
  • (1) If, after making an assessment under regulation 7, the labelling body is satisfied that the main feature on the film is identical in content with the main feature on a film that has been classified under the Act as a restricted publication, the labelling body shall not assign a rating to that film, but shall submit it to the Classification Office in accordance with section 12(1) of the Act.

    (2) If, after making an assessment under regulation 7, the labelling body is satisfied that the main feature on the film is identical in content with the main feature on a film to which a rating has been assigned under the Act, the labelling body shall, subject to regulation 11, assign a rating to the film in accordance with regulation 12.

    (3) Notwithstanding anything in subclause (1) or subclause (2), where, after making an assessment under regulation 7, the labelling body is satisfied that the film in respect of which the application under section 9(1) of the Act is made is identical in content with a film in respect of which a label has already been issued under the Act, the labelling body shall either—

    • (a) treat the application as an application under regulation 18 for the issue of a copy of that label, and deal with the application accordingly; or

    • (b) reject the application on the grounds that section 9(2)(a) of the Act does not permit the making of the application.

9 Films with main feature not identical in content with main feature on film with rating or classification
  • (1) If, after making an assessment under regulation 7, the labelling body is satisfied that the main feature on the film is not identical in content with the main feature on a film to which paragraph (a) or paragraph (b) of subclause (1) of that regulation applies, the labelling body shall assess whether the main feature on the film is identical in content with any film that has been considered by an overseas classification authority for the purpose of determining whether the film should be approved for supply or exhibition.

    (2) In making an assessment under subclause (1), the labelling body shall take into account the matters specified in regulation 7(2).

    (3) If, after making an assessment under subclause (1), the labelling body is satisfied that the main feature on the film is identical in content with—

    • (a) a film that has been classified by an overseas classification authority as approved for supply or exhibition only to persons of or over a specified age (the specified age being an age that is 15 years or more); or

    • (b) a film that an overseas classification authority has refused to approve for supply or exhibition,—

    the labelling body shall not assign a rating to that film, but shall submit it to the Classification Office in accordance with section 12(1) of the Act.

    (4) If, after making an assessment under subclause (1), the labelling body is satisfied that the main feature on the film is identical in content with a film that has been classified by an overseas classification authority as approved for supply or exhibition (other than a film to which paragraph (a) of subclause (3) applies), the labelling body shall, subject to regulation 11, assign a rating to the film in accordance with regulation 12.

10 Films not identical in content with films classified by overseas classification authority
  • (1) If, after making assessments under regulations 7 and 9, the labelling body is satisfied—

    • (a) that the main feature on the film is not identical in content with the main feature on a film to which paragraph (a) or paragraph (b) of regulation 7(1) applies; and

    • (b) that the main feature on the film is not identical in content with any film considered by an overseas classification authority for the purpose of determining whether the film should be approved for supply or exhibition,—

    the labelling body shall view that film to determine the rating to be assigned to it.

    (2) In determining the rating to be assigned to any film viewed under subclause (1), the labelling body shall consider the following matters:

    • (a) the dominant effect of the film as a whole:

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

    • (c) the extent and degree to which, and the manner in which, the film describes, depicts, expresses, or otherwise deals with matters such as anti-social behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour:

    • (d) the extent and degree to which, and the manner in which, the film—

      • (i) degrades or dehumanises or demeans any person:

      • (ii) 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.

    (3) For the purpose of determining the rating to be assigned to a film viewed under subclause (1), the labelling body may seek the advice of the Classification Office in relation to any of the matters specified in subclause (2).

    (4) After viewing a film in accordance with subclause (1), and having taken into account the matters referred to in subclause (2), the labelling body shall, subject to section 12(2) of the Act, to subclause (5) of this regulation, and to regulation 11, assign a rating to that film in accordance with regulation 12.

    (5) Notwithstanding anything in subclause (4), where,—

    • (a) after viewing a film in accordance with subclause (1); and

    • (b) having taking into account the matters referred to in subclause (2),—

    the labelling body is satisfied that if that film were submitted to the Classification Office, it would be likely to be classified by the Classification Office as an objectionable publication or as a restricted publication, the labelling body shall not assign a rating to that film, but shall submit it to the Classification Office in accordance with section 12(1) of the Act.

11 Labelling body must submit film to Classification Office if film's trailer is inconsistent with its main feature
  • (1) The labelling body must not assign a rating to a film, but must submit the film to the Classification Office in accordance with section 12(1) of the Act, if, after assessing under subclause (2) the 1 or more trailers (if any) included on the film, the labelling body is satisfied any of them is inconsistent with the main feature on that film.

    (2) On receiving an application under section 9(1) of the Act, the labelling body, as well as assessing, in accordance with these regulations, the main feature on the film in respect of which the application is made, must assess the 1 or more trailers (if any) included on that film to determine whether any of those trailers is inconsistent with that main feature.

    (3) A trailer included on a film is inconsistent with the main feature on that film for the purposes of this regulation if taking the steps in regulation 11A would result in the main feature and trailer having the ratings or classifications in one of the rows of the table set out in regulation 11B.

    (4) This regulation overrides regulations 8 to 10.

    Regulation 11: substituted, on 7 April 2005, by regulation 5(1) of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

11A Steps referred to in regulation 11(3)
  • (1) One step referred to in regulation 11(3) is for the labelling body to identify the rating it proposes to assign to the main feature or, if the film is one to which regulation 15(2)(b) applies, the classification given by the Classification Office or the Board of Review to the main feature on the film.

    (2) The other step referred to in regulation 11(3) is for the labelling body—

    • (a) to assess the trailer—

    • (b) as a result of that assessment, to either—

      • (i) assign the trailer a rating; or

      • (ii) be satisfied, in accordance with regulation 10(5), of the classification the trailer would be likely to have if it were classified by the Classification Office.

    Regulation 11A: inserted, on 7 April 2005, by regulation 5(1) of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

11B When film's trailer is inconsistent with its main feature
  • The table referred to in regulation 11(3) is as follows:

    rowmain featuretrailer
    1GPG or M or R
    2PGM or R
    3MR
    4RR

    Regulation 11B: inserted, on 7 April 2005, by regulation 5(1) of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

11C Symbols used in table in regulation 11B
  • (1) The rating symbols in regulation 11B represent (as provided by regulation 13) the ratings specified in regulation 12(1), and those symbols apply regardless of the description (if any) that has been, or would be, assigned under regulation 14 or under section 36(3)(b) of the Act.

    (2) The symbol “R” in regulation 11B represents every kind of classification as a restricted publication (regardless of the restriction that has been or would be imposed by the Classification Office or the Board of Review), and that symbol applies regardless of—

    • (b) the conditions (if any) that have been or would be imposed pursuant to section 27 of the Act.

    Regulation 11C: inserted, on 7 April 2005, by regulation 5(1) of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

Assigning of ratings and descriptions

12 Assigning of ratings
  • (1) Where, pursuant to regulation 8(2) or regulation 9(4) or regulation 10(4), the labelling body is required to assign a rating to a film, the labelling body shall, subject to subclauses (2) to (5), assign to that film one of the following ratings:

    • (a) suitable for general audiences:

    • (b) parental guidance recommended for younger viewers:

    • (c) suitable for mature audiences 16 years of age and over.

    (2) Where the labelling body is required by these regulations to assign a rating to a film, and the labelling body is satisfied that the main feature on that film is identical in content with the main feature on a film to which a rating has been assigned under the Act, the labelling body shall assign to that film that rating.

    (3) Subject to section 12 of the Act, where the labelling body is required by these regulations to assign a rating to a film, and the labelling body is satisfied that the main feature on that film is identical in content with any film that has been classified by an overseas classification authority as approved for supply or exhibition to persons of all ages, the labelling body shall assign to that film the rating specified in subclause (1)(a).

    (4) Subject to section 12 of the Act, where the labelling body is required by these regulations to assign a rating to a film, and the labelling body is satisfied that the main feature on that film is identical in content with any film that has been classified by an overseas classification authority as suitable for supply or exhibition only to persons of or over a specified age (the specified age being an age that is not more than 13 years), the labelling body shall assign to that film the rating specified in subclause (1)(b).

    (5) Subject to section 12 of the Act, where the labelling body is required by these regulations to assign a rating to a film, and the labelling body is satisfied that the main feature on that film is identical in content with any film that has been classified by an overseas classification authority as suitable for supply or exhibition to persons of or over a specified age (the specified age being 14 years of age or 15 years of age), the labelling body shall assign to that film the rating specified in subclause (1)(c).

13 Rating symbols
  • For the purposes of these regulations, the ratings specified in regulation 12(1) shall be represented by the following symbols:

    • (a) in the case of the rating “Suitable for general audiences”, by the symbol “G”:

    • (b) in the case of the rating “Parental guidance recommended for younger viewers”, by the symbol “PG”:

    • (c) in the case of the rating “Suitable for mature audiences 16 years of age and over”, by the symbol “M”.

14 Assigning of descriptions
  • (1) Where, in accordance with regulation 12, the labelling body has assigned a rating to a film, the labelling body shall determine whether to assign a description to that film to indicate whether it contains anti-social behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour.

    (2) Where, in the case of a film to which regulation 8(2) applies, a description has been assigned to the film whose rating is required by regulation 12(2) to be assigned to the first-mentioned film, the labelling body shall assign to the first-mentioned film that description.

    (3) In determining whether to assign a description to any film to which regulation 9(4) applies, the labelling body shall take into account any information made available by the overseas classification authority in relation to the film with which the labelling body is satisfied the main feature on the film is identical in content.

15 Films already classified by Classification Office
  • (1) This regulation applies to any film the main feature on which has been classified under the Act as unrestricted or as a restricted publication, but in respect of which no direction has been made under section 36 of the Act requiring the labelling body to issue a label.

    (2) Where an application is made under section 9(1) of the Act in respect of a film to which this regulation applies,—

    • (a) where the main feature on the film is classified under the Act as unrestricted, this Part (other than regulation 10(5)) shall apply as if the main feature had not been so classified, and, subject to subclause (3), the labelling body shall examine and assess the film, and any trailer included on the film, accordingly:

    • (b) where the main feature on the film is classified under the Act as a restricted publication, the labelling body shall, subject to subclause (5),—

      • (i) in accordance with regulation 14, determine whether to assign a description to that film; and

      • (ii) in accordance with regulation 17(1)(b)(i), issue in respect of that film a label containing the classification of the film and any description assigned to the film.

    (3) Where, in the case of a film to which subclause (2)(a) applies, regulation 9(3) would not, apart from this subclause, permit the labelling body to assign a rating to that film, the labelling body shall, subject to regulation 11, instead assign to that film the rating specified in regulation 12(1)(c).

    (4) For the purpose of determining—

    • (a) whether or not to assign a description to a film to which subclause (2)(b) applies; and

    • (b) the particular description to assign to such a film,—

    the labelling body shall seek the advice of the Classification Office, and shall take any such advice into account in making that determination.

    (5) Notwithstanding that the main feature on a film to which subclause (2)(b) applies has already been classified under the Act, the labelling body shall also assess, in accordance with regulation 11, every trailer included on that film, and that regulation shall apply in relation to that film accordingly.

Issue of labels in respect of films

  • Heading: substituted, on 22 May 2005, by regulation 6 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

16 Issue of labels by labelling body
  • (1) Where, in accordance with regulation 12, the labelling body assigns a rating to any film, the labelling body shall issue in respect of that film a label containing—

    • (a) the rating assigned to that film by the labelling body; and

    • (b) the rating symbol for that rating; and

    • (c) the description (if any) assigned to that film by the labelling body.

    (2) Every label issued under subclause (1) shall be in the following form:

    • (a) a label issued in respect of a film to which the rating specified in regulation 12(1)(a) has been assigned shall be in the form of, and coloured the same as, diagram A in Schedule 1:

    • (b) a label issued in respect of a film to which the rating specified in regulation 12(1)(b) has been assigned shall be in the form of, and coloured the same as, diagram B in Schedule 1:

    • (c) a label issued in respect of a film to which the rating specified in regulation 12(1)(c) has been assigned shall be in the form of, and coloured the same as, diagram C in Schedule 1.

17 Labels issued at direction of Classification Office or Board of Review
  • (1) Where, under section 36 of the Act, the Classification Office directs the labelling body to issue a label in respect of a film, the labelling body shall issue in respect of that film a label containing,—

    • (a) where the Classification Office or the Board of Review has classified the film as unrestricted,—

      • (i) the rating that the Classification Office has directed the labelling body to assign to that film; and

      • (ii) the rating symbol for that rating; and

      • (iii) the description (if any) that the Classification Office has directed the labelling body to assign to that film:

    • (b) where the Classification Office or the Board of Review has classified the film as a restricted publication,—

      • (i) the classification given by the Classification Office or the Board of Review to that film; and

      • (ii) the description (if any) that the Classification Office has directed the labelling body to assign to that film.

    (2) Every label issued under subclause (1)(a) shall be in the form of, and coloured the same as, whichever of diagrams A to C in Schedule 1 fits the case, which shall be determined by the rating assigned to the film in respect of which the label is issued.

    (3) Every label issued under subclause (1)(b) shall,—

    • (a) in the case of a label issued in respect of a film that the Classification Office or the Board of Review has classified as objectionable except if the availability of the film is restricted to persons who have attained a specified age, be in the form of, and coloured the same as, diagram D in Schedule 1:

    • (b) in the case of a film that the Classification Office or the Board of Review has classified as—

      • (i) objectionable except if the availability of the film is restricted to specified persons or classes of persons; or

      • (ii) objectionable except if the film is used for 1 or more specified purposes; or

      • (iii) objectionable except in 2 or more of the circumstances specified in section 23(2)(c) of the Act,—

      be in the form of, and coloured the same as, diagram E in Schedule 1.

18 Issue of additional labels
  • (1) Where, in accordance with these regulations, the labelling body has issued a label in respect of any film, any person who distributes films or supplies or exhibits films to the public may apply to the labelling body for the issue of copies of that label for the purpose of labelling any copy of the film in respect of which the original label was issued.

    (2) The labelling body must issue the appropriate number (as defined in subclause (3)) of copies of a label if it—

    • (a) receives an application under subclause (1) in respect of a film; and

    • (b) is satisfied that the film is identical in content with the film in respect of which the label was originally issued; and

    • (c) has been paid the fee it has set for the application.

    (3) The appropriate number is the number that the labelling body is satisfied is necessary for the copies of the film in respect of which the application is made.

    Regulation 18(2): substituted, on 11 March 2005, by regulation 7 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

    Regulation 18(3): added, on 11 March 2005, by regulation 7 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

Issue of labels in respect of other publications that are classified as restricted publications

  • Heading: inserted, on 22 May 2005, by regulation 8 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

18A Labels issued at direction of Classification Office or Board of Review under section 36A(2) of Act
  • (1) Where, under section 36A(2) of the Act, the Classification Office directs the labelling body to issue a label in respect of a publication (other than a film), the labelling body must issue in respect of the publication a label that specifies the classification given by the Classification Office or the Board of Review to the publication.

    (2) A label issued under subclause (1) must be in the form of, and coloured the same as, diagram A in Schedule 1A if it is issued in respect of a publication that the Classification Office or the Board of Review has classified as objectionable except if the availability of the publication is restricted to persons who have attained a specified age.

    (3) A label issued under subclause (1) must be in the form of, and coloured the same as, diagram B in Schedule 1A if it is issued in respect of a publication that the Classification Office or the Board of Review has classified as one of the following:

    • (a) objectionable except if the availability of the film is restricted to specified persons or classes of persons; or

    • (b) objectionable except if the film is used for 1 or more specified purposes; or

    • (c) objectionable except in 2 or more of the circumstances stated in section 23(2)(c) of the Act.

    Regulation 18A: inserted, on 22 May 2005, by regulation 8 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

18B Additional copies of label issued under regulation 18A
  • (1) Where, in accordance with regulation 18A, the labelling body has issued a label in respect of a publication, a person who distributes publications or supplies or exhibits publications to the public may apply to the labelling body for the issue of copies of that label for the purpose of labelling any copy of the publication in respect of which the original label was issued.

    (2) The labelling body must issue the appropriate number (as defined in subclause (3)) of copies of a label if it—

    • (a) receives an application under subclause (1) in respect of a publication; and

    • (b) is satisfied that the publication is identical in content with the publication in respect of which the label was originally issued; and

    • (c) has been paid the fee it has set for the application.

    (3) The appropriate number is the number that the labelling body is satisfied is necessary for the copies of the publication in respect of which the application is made.

    Regulation 18B: inserted, on 22 May 2005, by regulation 8 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

Films labels

  • Heading: replaced, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

19 Displaying labels
  • (1) Except as provided in sections 7 and 8 of the Act, every film that is supplied to the public or offered for supply to the public must have displayed on it, in the following manner, the label issued in respect of that film:

    • (a) 1 copy of the label must be displayed,—

      • (i) if there is a film slick inserted inside the sleeve of the display case relating to the film, on that film slick so as to be visible through the front face of the display case; or

      • (ii) if there is no film slick inserted inside the sleeve of the display case relating to the film, on the front face of the display case; and

    • (b) 1 copy of the label must also be displayed,—

      • (i) if the film is in a cassette, on the front face of the cassette or on the spine of the cassette; or

      • (ii) if the film is on a spool or other similar device, on the front face of the spool or device.

    (2) Every label required to be displayed, pursuant to this regulation, on any film must be of the following size:

    • (a) in the case of a label required to be displayed pursuant to subclause (1)(a), not less than 2.5 cm in height and not less than 5.5 cm in width:

    • (b) in the case of a label required to be displayed pursuant to subclause (1)(b), not less than 1.75 cm in height and not less than 4.5 cm in width.

    Regulation 19: replaced, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

20 Further requirements relating to display of labels
  • (1) Subject to subclauses (3) and (4), every label required to be displayed, pursuant to regulation 19, on any film must be displayed in such a manner that it is fully visible at all times, and shall not be obscured by any other matter, or be altered or defaced in any way.

    (2) Where the face or spine of any display case, cassette, spool, device, or film, or any film slick, already has displayed on it any classification issued by an overseas classification authority, the label required to be displayed, pursuant to regulation 19, on any such face, spine, or film, or any film slick, shall, where practicable, be displayed so that the other classification is so far as possible no longer visible.

    (3) Where—

    • (a) any label is displayed, pursuant to regulation 19, on any display case, cassette, spool, device, or film; and

    • (b) that label is deemed, under section 36(5) of the Act, to be cancelled,—

    any new label displayed, pursuant to regulation 19, on that display case, cassette, spool, device, or film must be displayed so that the cancelled label is no longer visible.

    (4) Where it is not possible to comply with subclause (3), the cancelled label shall be permanently obscured by some other means, or shall be removed.

    (5) Where—

    • (a) any film is offered for supply to the public by way of sale only; and

    • (b) that film has been imported into New Zealand already prepacked for sale; and

    • (c) that film has had assigned to it any rating specified in regulation 12(1); and

    • (d) the Chief Censor considers that compliance with all or any of the requirements of subclauses (1) and (2) of regulation 19 would be impractical or unduly burdensome in respect of that film,—

    the label issued under the Act in respect of that film must be displayed on that film by such alternative method approved by the Chief Censor as will ensure that the rating assigned to that film is brought to the attention of purchasers of that film.

    Regulation 20 heading: amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

    Regulation 20(1): amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

    Regulation 20(2): amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

    Regulation 20(3): amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

    Regulation 20(3)(a): amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

    Regulation 20(5): amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Labels for other publications that are classified as restricted publications

  • Heading: inserted, on 22 May 2005, by regulation 10 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

  • Heading: amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

20A Labels must be displayed, etc, in manner specified in relevant condition under section 27(4)(a) of Act
  • (1) A label issued in respect of a publication under regulation 18A or regulation 18B must, when the publication is on public display, be—

    • (a) displayed on the publication in the manner specified in the relevant condition imposed by the Classification Office or the Board of Review pursuant to section 27(4)(a) of the Act; or

    • (b) brought in some other, more practical or convenient way to the attention of persons to whom the publication is displayed in the manner specified by the Classification Office or the Board of Review in the relevant condition imposed pursuant to section 27(4)(a) of the Act.

    (2) Every label required to be displayed on a publication, or brought to the attention of persons to whom the publication is displayed, as provided in subclause (1), must be of the following size:

    • (a) not less than 2.5 cm in height; and

    • (b) not less than 5.5 cm in width.

    Regulation 20A: inserted, on 22 May 2005, by regulation 10 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

    Regulation 20A heading: amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

    Regulation 20A(1)(a): replaced, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

    Regulation 20A(2): amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

20B Cancelled labels
  • (1) This regulation applies when a label issued in respect of a publication under regulation 18A or 18B is deemed, under section 36A(3) of the Act, to be cancelled.

    (2) The label must be—

    • (a) removed; or

    • (b) covered by the new label so as to no longer be visible; or

    • (c) permanently obscured by some other means.

    Regulation 20B: replaced, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Part 3
Film posters

Approval of film posters by labelling body

21 Submission of film posters to labelling body
  • (1) Where, pursuant to section 9(1) of the Act, any person applies to the labelling body for the issue of a label in respect of a film, that person shall also submit to the labelling body, for approval, a copy of every film poster relating to the film and intended by that person for use in relation to the public supply or public exhibition of the film.

    (2) Any person who—

    • (a) is engaged in the production, distribution, public supply, or public exhibition of films; or

    • (b) proposes to supply to the public, or exhibit to the public, any film—

    may at any time submit to the labelling body, for approval, any film poster intended by that person for use in relation to the public supply or public exhibition of any film.

    (3) Nothing in subclause (2) applies in respect of a film poster that relates to a film that is classified as objectionable.

    (4) Nothing in this regulation applies to a film poster that is classified under the Act as objectionable or as a restricted publication.

22 Examination and approval of film posters submitted with film
  • (1) This regulation applies where, in accordance with regulation 21(1), a film poster is submitted to the labelling body in conjunction with an application made under section 9(1) of the Act in respect of a film.

    (2) Where this regulation applies, and the labelling body assigns a rating to the film to which the film poster relates, the labelling body shall examine the film poster in order to determine whether or not to approve the poster.

    (3) After examining a film poster in accordance with subclause (2), the labelling body shall approve the film poster unless the labelling body considers that, if the film poster were submitted under section 13(1) of the Act to the Classification Office for a decision on its classification, the film poster would be likely to be classified under section 23 of the Act as objectionable or as a restricted publication.

    (4) Where this regulation applies, and—

    • (a) the labelling body is required, by section 12(1) of the Act or regulation 61, to submit the film to which the film poster relates to the Classification Office for examination and classification pursuant to section 23 of the Act; or

    • (b) pursuant to section 12(3) of the Act, the labelling body obtains the leave of the Chief Censor to submit the film to which the film poster relates to the Classification Office for examination and classification pursuant to section 23 of the Act,—

    the labelling body shall decline to approve that film poster.

23 Examination and approval of film posters submitted separately
  • (1) This regulation applies where, in accordance with regulation 21(2), a film poster is submitted to the labelling body for approval.

    (2) Where this regulation applies, the labelling body shall approve the film poster unless the labelling body considers that, if the film poster were submitted under section 13(1) of the Act to the Classification Office for a decision on its classification, the film poster would be likely to be classified under section 23 of the Act as objectionable or as a restricted publication.

24 Labelling body to give notice of decision
  • (1) Where the labelling body approves or declines to approve a film poster submitted to the labelling body under regulation 21, the labelling body shall give written notice of its decision to the person who submitted the film poster.

    (2) Every notice under subclause (1) shall, where the labelling body declines to approve a film poster, specify the reasons for the decision.

25 Labelling body to maintain record of decisions on film posters
  • (1) The labelling body shall keep and maintain a copy of every notice given by the labelling body pursuant to regulation 24, and those copies shall be open to inspection by the public during ordinary office hours at the offices of the labelling body.

    (2) Every person shall, on request, and on payment of such fee (if any) as the labelling body may determine, be entitled to a copy of any notice given by the labelling body pursuant to regulation 24.

    (3) Any fee charged pursuant to subclause (2) for a copy of any such notice shall be no more than is reasonably required to recover the cost to the labelling body of making and supplying that copy.

26 Subsequent decisions of Classification Office relating to film posters
  • Where, in accordance with this Part, the Classification Office approves or refuses to approve a film poster submitted to it under regulation 27, any previous decision of the labelling body pursuant to this Part with respect to that film poster shall, for the purposes of these regulations, be deemed to be cancelled.

Approval of film posters by Classification Office

27 Submission of film posters to Classification Office
  • (1) Where, pursuant to section 12 of the Act, the labelling body submits to the Classification Office for examination and classification a film in respect of which an application has been made to the labelling body under section 9(1) of the Act, the labelling body shall also submit to the Classification Office, for approval, a copy of every film poster submitted to the labelling body in conjunction with that application.

    (2) Where, pursuant to section 13(1) of the Act, any person who—

    • (a) is engaged in the production, distribution, public supply, or public exhibition of films submits a film to the Classification Office for examination and classification; or

    • (b) proposes to supply to the public, or exhibit to the public, any film submits that film to the Classification Office for examination and classification,—

    that person shall also submit to the Classification Office, for approval, a copy of every film poster relating to that film and intended by that person for use in relation to the public supply or public exhibition of that film.

    (3) Any person who—

    • (a) is engaged in the production, distribution, public supply, or public exhibition of films; or

    • (b) proposes to supply to the public, or exhibit to the public, any film—

    may at any time submit to the Classification Office, for approval, any film poster (being a film poster classified under the Act as a restricted publication) intended by that person for use in relation to the public supply or public exhibition of any film.

    (4) Where, pursuant to regulation 22(3) or regulation 23(2), the labelling body has declined to approve a film poster submitted to it for approval, the person who submitted that film poster may at any time submit that film poster to the Classification Office for approval.

    (5) Nothing in subclause (3) or subclause (4) applies in respect of a film poster that relates to a film that is classified as objectionable.

    (6) Nothing in this regulation applies to a film poster that is classified under the Act as objectionable.

28 Examination of film posters by Classification Office
  • (1) This regulation applies where, in accordance with regulation 27, a film poster is submitted to the Classification Office for approval.

    (2) Where this regulation applies,—

    • (a) in the case of a film poster submitted to the Classification Office pursuant to subclause (1) or subclause (2) of regulation 27, the Classification Office shall refuse to approve that film poster if the Classification Office classifies the film to which the film poster relates as objectionable:

    • (b) in any other case, the Classification Office shall examine the film poster in order to determine whether or not to approve the poster.

    (3) After examining a film poster in accordance with subclause (2)(b),—

    • (a) if the Classification Office considers that, if the film poster were submitted under section 13(1) of the Act to the Classification Office for a decision on its classification, the film poster would be likely to be classified under section 23 of the Act as objectionable, the Classification Office shall refuse to approve the film poster:

    • (b) if the Classification Office considers that, if the film poster were so submitted, the film poster would be likely to be classified under section 23 of the Act as a restricted publication, the Classification Office shall deal with the film poster in accordance with regulation 29:

    • (c) if the Classification Office considers that, if the film poster were so submitted, the film poster would be likely to be classified under section 23 of the Act as unrestricted, the Classification Office shall approve the film poster:

    • (d) if the Classification Office is satisfied that the film poster is classified under the Act as a restricted publication, the Classification Office shall deal with the film poster in accordance with regulation 29.

29 Where film poster likely to be classified as restricted publication
  • (1) This regulation applies where,—

    • (a) pursuant to paragraph (b) of subclause (3) of regulation 28, the Classification Office considers that a film poster would be likely to be classified under section 23 of the Act as a restricted publication; or

    • (b) pursuant to paragraph (d) of that subclause, the Classification Office is satisfied that a film poster is classified under the Act as a restricted publication.

    (2) Where this regulation applies, the Classification Office shall consider whether or not the public display of the film poster, if not subject to conditions under regulation 30, would be likely to cause offence to reasonable members of the public.

    (3) If the Classification Office considers that the public display of the film poster, if not subject to such conditions, would not be likely to cause such offence, the Classification Office shall approve the film poster.

    (4) If the Classification Office considers that the public display of the film poster, if not subject to such conditions, would be likely to cause such offence, the Classification Office shall, subject to subclause (5), approve the film poster subject to such conditions under regulation 30 as it considers necessary to avoid the causing of such offence.

    (5) Where, pursuant to section 27 of the Act, the Classification Office has imposed any condition on the public display of the film poster or on the public display of film posters relating to the film to which the film poster relates, the Classification Office may approve the film poster without imposing conditions under regulation 30 if the Classification Office is satisfied that compliance with the condition imposed pursuant to that section will be sufficient to avoid the causing of such offence.

30 Conditions relating to film posters
  • (1) The conditions that may be imposed pursuant to regulation 29 in respect of a film poster are as follows:

    • (a) that the film poster must be 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 poster must not be publicly displayed in any place in which the film to which the film poster relates is available for public supply or is exhibited to the public, and must be shown in that place only to persons who make a direct request for the film poster:

    • (c) subject to regulation 31, that the film poster must not be publicly displayed unless certain excisions or alterations are made to the film poster.

    (2) Any 1 or more of the conditions specified in subclause (1) may be imposed in respect of a film poster.

    (3) For the purposes of these regulations, a condition imposed pursuant to subclause (1)(b) prohibiting the public display of a film poster in any place shall, in so far as the condition relates to the public display of the film poster in any premises, prohibit the public display of that film poster not only in those premises but also—

    • (a) on the exterior of those premises:

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

    (4) Where the Classification Office considers, in relation to a film poster to which regulation 29(4) applies, that the causing of offence to reasonable members of the public would be avoided by either—

    • (a) the imposition of the condition specified in paragraph (c) of subclause (1); or

    • (b) the imposition of either of the other conditions specified in that subclause,—

    the Classification Office shall give the person who submitted the film poster to the Classification Office for approval the option of selecting which of those 2 conditions the Classification Office should impose in respect of the public display of the film poster.

31 Excisions from or alterations to posters
  • (1) Where the Classification Office considers, in relation to a film poster to which regulation 29(4) applies, that the causing of offence to reasonable members of the public would be avoided if any specified part or parts of the film poster were excised or altered to the satisfaction of the Classification Office, the Classification Office shall notify the person who submitted the film poster to the Classification Office for approval (or, in the case of a film poster submitted to the Classification Office pursuant to regulation 27(1), the person who submitted the film poster to the labelling body for approval) that the Classification Office will approve the film poster if the specified part or parts are so excised or altered, and may also specify the method by which the alteration or excision is to be made.

    (2) If the person notified under subclause (1) agrees to each such excision or alteration to the satisfaction of the Classification Office, the Classification Office shall, subject to subclause (3), when the Classification Office is satisfied that every alteration or excision required by it has been or will be made in accordance with its requirements, approve the film poster in accordance with regulation 29(4) as if each of the required excisions or alterations were made.

    (3) In any case to which subclause (2) applies, the Classification Office may withhold its approval of the film poster until a copy of it in its altered form has been submitted to the Classification Office.

    (4) If the person notified under subclause (1) 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, subject to subclause (5), refuse to approve the film poster.

    (5) Where subclause (4) applies, the Classification Office shall not refuse to approve the film poster if it considers that the causing of offence to reasonable members of the public would be avoided if either of the other conditions specified in regulation 30(1) were imposed in respect of the film poster, and in any such case the Classification Office shall approve the film poster subject to such a condition.

32 Classification Office to give notice of decision
  • (1) Where the Classification Office approves or refuses to approve a film poster submitted to it under regulation 27, the Classification Office shall give written notice of its decision to the person who submitted the film poster (or, in the case of a film poster submitted to the Classification Office pursuant to regulation 27(1), the person who submitted the film poster to the labelling body for approval).

    (2) Every notice under subclause (1) shall specify,—

    • (a) if the Classification Office has approved the film poster subject to conditions under regulation 30, those conditions:

    • (b) if the Classification Office has refused to approve the film poster, the reasons for the decision.

33 Classification Office to maintain record of decisions on film posters
  • (1) The Classification Office shall keep and maintain a copy of every notice given by the Classification Office pursuant to regulation 32, and those copies shall be open to inspection by the public during ordinary office hours.

    (2) 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 by the Classification Office pursuant to regulation 32.

    (3) Any fee charged pursuant to subclause (2) for a copy of any such notice shall be no more than is reasonably required to recover the cost to the Classification Office of making that copy.

Miscellaneous provision

34 Approval of poster subject to other restrictions
  • (1) The approval of a film poster under these regulations is subject to any conditions imposed pursuant to section 27 of the Act on the public display of that film poster.

    (2) Where a film poster is classified under the Act as a restricted publication, the approval of that film poster under these regulations is subject to the terms of that classification.

Part 4
Classification decisions

35 Register of Classification Decisions
  • (1) The Register of Classification Decisions established and maintained under section 39 of the Act shall contain the following information with respect to each publication examined by the Classification Office or the Board of Review:

    • (a) the name of the person or court submitting or referring the publication to the Classification Office for examination or, as the case may be, to the Board of Review for review:

    • (b) where the publication is a film submitted to the Classification Office pursuant to section 12 of the Act, the name of the person who applied to the labelling body for the issue of a label in respect of the film:

    • (c) the number of the submission:

    • (d) the title of the publication and, in the case of a film, every trailer included on the film:

    • (e) the name of the maker of the publication and its country of origin:

    • (f) in the case of a film, the running time of—

      • (i) the main feature on the film; and

      • (ii) every trailer included on the film:

    • (g) in the case of a film, the film's format:

    • (h) [Revoked]

    • (i) where the Act requires that the Classification Office or the Board of Review give its reasons for the decision, a summary of the reasons for the decision:

    • (j) where, pursuant to section 27 of the Act, the Classification Office or the Board of Review 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:

    • (k) such other information as the Classification Office considers necessary or desirable.

    (2) The information required by subclause (1) to be entered in the register in respect of a publication are in addition to the matters required by section 39(3)(a) to (c) of the Act to be entered in respect of that publication.

    Regulation 35(1): amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

    Regulation 35(1)(h): revoked, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

    Regulation 35(1)(k): amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

    Regulation 35(2): amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

36 List of decisions
  • [Revoked]

    Regulation 36: revoked, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Part 5
Public notification of ratings and classifications

37 Display or advertising of content of labels for films intended for public exhibition
  • (1) Subject to sections 7 and 8 of the Act, where any film is exhibited to the public, there shall be displayed in accordance with the requirements of subclauses (2) and (3), at the premises where the film is exhibited, and also at any other premises at which the exhibitor, or any other person acting as agent for the exhibitor, offers for sale to the public any tickets to any exhibition of the film,—

    • (a) in the case of a film to which a rating has been assigned under the Act,—

      • (i) that rating; and

      • (ii) the rating symbol applicable to that rating; and

      • (iii) any description assigned to the film:

    • (b) in the case of a film that has been classified as a restricted publication,—

      • (i) the classification of that film, as appearing on the label issued in respect of that film; and

      • (ii) the classification symbol applicable to the film; and

      • (iii) any description assigned to the film.

    (2) The information required by subclause (1) to be displayed in respect of a film shall be so displayed by means of—

    • (a) a lobby board; or

    • (b) a copy of the label issued in respect of the film,—

    which shall be displayed in a conspicuous position in the lobby of the premises or (where applicable) outside the entrance to the room in which the film is to be exhibited, at all times while the premises are open to the public.

    (3) The lobby board required to be displayed by subclause (2) shall be not less than 28 cm by 36 cm, and the content of the lobby board shall be easily readable by persons at a reasonable distance from the lobby board.

38 On posters and other advertising material
  • (1) Subject to subclause (4), this regulation applies to any poster or other advertising material that is used or intended for use in relation to the advertising to the public of any film in respect of which a label has been issued.

    (2) Every poster or other advertising material to which this regulation applies shall show the content of the label issued in respect of the film advertised in the poster or material, which content shall be shown in accordance with the following requirements:

    • (a) in the case of a film to which a rating has been assigned, the poster or material shall show—

      • (i) the rating symbol applicable to the film; and

      • (ii) any description assigned to the film:

    • (b) in the case of a film that has been classified as a restricted publication, the poster or material shall show—

      • (i) the classification symbol applicable to the film; and

      • (ii) any description assigned to the film:

    • (c) the content of the label shall be easily readable by persons at a reasonable distance from the poster or material, having regard to the size and nature of the poster or material:

    • (d) unless the Classification Office otherwise directs, the content of the label shall appear adjacent to the title of the film:

    • (e) in the case of a poster, the content of the label shall be imposed on the poster by means of printing, photographic reproduction, or stamp impression, or shall be printed on a slip of paper securely attached to the poster, and in every such case every constituent letter and figure shall be at least 2 cm in height:

    • (f) in the case of any advertising material published in any newspaper, the smallest letter or figure used as part of the symbol indicating the rating or classification of the film to which the material relates shall be of type no less than 6 points.

    (3) Notwithstanding anything in paragraph (a) or paragraph (b) of subclause (2), in the case of any advertising material—

    • (a) published in any newspaper; or

    • (b) in the form of a programme or brochure; or

    • (c) in any other printed document advertising 2 or more films,—

    the provisions of those paragraphs shall, in addition to requiring the rating symbol or, as the case requires, the classification symbol, be deemed to require an explanation of the symbol, in the terms of the relevant paragraph of regulation 12(1) (in the case of a rating symbol) or the actual classification of the film (in the case of a film classified as a restricted publication), to appear,—

    • (d) in the case of advertising material published in a newspaper, on the same page as the material; or

    • (e) in every other case, in the programme, brochure, or other printed document in such a manner as to clearly relate to the material.

    (4) Nothing in this regulation applies to—

    • (a) any film slick that is affixed to, or inserted inside any sleeve of, any display case:

    • (b) any trailer:

    • (c) any radio or television advertising.

39 On trailers
  • (1) Where any trailer is exhibited to the public, and that trailer advertises a film in respect of which a label has been issued, the content of the label issued in respect of that film shall be shown on the trailer in accordance with the following requirements:

    • (a) in the case of a film to which a rating has been assigned, there shall be shown—

      • (i) the rating symbol applicable to the film; and

      • (ii) an explanation of that symbol, in the terms of the relevant paragraph of regulation 12(1); and

      • (iii) any description assigned to the film:

    • (b) in the case of a film that has been classified as a restricted publication, there shall be shown—

      • (i) the classification symbol applicable to the film; and

      • (ii) an explanation of that symbol, in the terms of the actual classification of the film; and

      • (iii) any description assigned to the film:

    • (c) the content of the label shall appear immediately after the end of the trailer, in such a manner as to be clearly legible for not less than 5 seconds.

    (2) Notwithstanding anything in subclause (1), on any specified occasion or occasions when for technical or other reasons it is not possible to comply with the requirements of that subclause, the information specified in that subclause may be shown by means of a lantern slide or such other method or methods as the Chief Censor may from time to time approve, either generally or in a particular case.

40 On radio advertisements
  • (1) Every radio advertisement that advertises to the public any film in respect of which a label has been issued shall include a statement of the content of the label issued in respect of that film, which statement shall comply with the following requirements:

    • (a) in the case of a film to which a rating has been assigned, the statement shall specify—

      • (i) that rating, in the terms of the relevant paragraph of regulation 12(1); and

      • (ii) any description assigned to the film:

    • (b) in the case of a film that has been classified as a restricted publication, the statement shall specify—

      • (i) the classification of the film, as appearing on the label issued in respect of the film; and

      • (ii) any description assigned to the film.

    (2) In every case the statement required by subclause (1) shall come at the end of the advertisement.

41 On television advertisements
  • (1) Every television advertisement that advertises to the public any film in respect of which a label has been issued shall include the following:

    • (a) in the case of a film to which a rating has been assigned, there shall be included—

      • (i) the rating symbol applicable to the film; and

      • (ii) an explanation of that symbol, in the terms of the relevant paragraph of regulation 12(1); and

      • (iii) any description assigned to the film:

    • (b) in the case of a film that has been classified as a restricted publication, there shall be included—

      • (i) the classification symbol applicable to the film; and

      • (ii) an explanation of that symbol, in the terms of the actual classification of the film; and

      • (iii) any description assigned to the film.

    (2) In every case the information required by subclause (1) shall be displayed legibly on the screen for at least 5 seconds.

42 Display of explanatory material in premises where films supplied, etc
  • (1) Every occupier of premises (not being a private residence) where films are supplied to the public, offered for supply to the public, or exhibited to the public shall, in accordance with subclause (2), publicly display on those premises a notice showing—

    • (c) the symbols that may appear on labels issued under regulation 17(1)(b), and an explanation of their meaning.

    (1A) Every occupier of premises (not being a private residence) where films to which regulation 65 applies are supplied to the public or offered for supply to the public must, in accordance with subclause (2), publicly display on those premises a notice showing—

    • (a) the ratings and classifications set out in the third column of Schedule 4 (which are the ratings and classifications under the Video Recordings Act 1987); and

    • (b) their equivalent ratings and classifications under the Act, as set out in the second column of that schedule.

    (2) Every such notice shall—

    • (a) be not less than 40 cm by 28 cm; and

    • (b) be printed in letters and figures that are easily readable by persons at a reasonable distance from the notice; and

    • (c) be displayed in a conspicuous position,—

      • (i) in the case of premises where films are supplied to the public or offered for supply to the public, as near as practicable to the counter where transactions are made:

      • (ii) in the case of premises where films are exhibited to the public, in the lobby of the premises or outside the entrance to those rooms in which films are exhibited; and

    • (d) be displayed at all times while the premises are open to the public.

    Regulation 42(1A): inserted, on 1 May 1999, by section 5(1) of the Films, Videos, and Publications Classification Amendment Act 1999 (1999 No 13).

Part 6
Applications for review

43 Application for leave of Secretary to apply for review
  • (1) Every application for the leave of the Secretary under section 47(2)(e) of the Act—

    • (a) shall be in the form provided for that purpose by the Secretary; and

    • (b) shall include the following matters:

      • (i) particulars sufficient to identify the publication in respect of which a review by the Board of Review is sought; and

      • (ii) the date on which the Classification Office gave notice of its decision under section 38(1) of the Act; and

      • (iii) the date of entry of the decision in the register; and

    • (c) the applicant's interest in the publication; and

    • (d) the reasons why the applicant considers that the publication to which the application relates should be reviewed by the Board of Review.

    (2) As soon as practicable after receiving an application for leave under section 47(2)(e) of the Act, the Secretary shall decide whether or not to grant leave to the applicant, and shall notify the applicant in writing of his or her decision and, where leave is refused, of the reasons for that refusal.

    Regulation 43(1)(b)(ii): replaced, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

    Regulation 43(1)(b)(iii): inserted, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

44 Applications for review

Part 7
Miscellaneous provisions

General

45 Refusal to examine publication not in good condition
  • The Classification Office may refuse to examine any publication whose condition when submitted to the Classification Office is such that the Classification Office is unable to properly assess the publication.

46 Offences
  • (1) Every person commits an offence against these regulations who, being the occupier of premises (other than a private residence) where films are supplied to the public or offered for supply to the public or exhibited to the public,—

    • (a) publicly displays any film poster that has not been approved under these regulations; or

    • (b) publicly displays any film poster otherwise than in accordance with any condition or conditions imposed pursuant to regulation 30 in respect of the approval of that film poster under these regulations; or

    • (c) publicly displays any film poster in contravention of any such condition.

    (2) Every person commits an offence against these regulations who, being the occupier of premises (other than a private residence) where films are supplied to the public or offered for supply to the public or exhibited to the public,—

    • (a) fails without reasonable excuse to display the notice required by subclause (1) of regulation 42; or

    • (b) without reasonable excuse displays any such notice otherwise than in accordance with the requirements of subclause (2) of that regulation.

    (2A) Every person commits an offence against these regulations who, being the occupier of premises (other than a private residence) where films to which regulation 65 applies are supplied to the public or offered for supply to the public,—

    • (a) fails without reasonable excuse to display the notice required by subclause (1A) of regulation 42; or

    • (b) without reasonable excuse displays any such notice otherwise than in accordance with the requirements of subclause (2) of that regulation.

    (3) Every person who commits an offence against these regulations is liable on conviction to a fine not exceeding $2,000.

    Regulation 46(2A): inserted, on 1 May 1999, by section 5(1) of the Films, Videos, and Publication Classification Amendment Act 1999 (1999 No 13).

    Regulation 46(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

47 Search warrants
  • [Revoked]

    Regulation 47: revoked, on 1 October 2012, by regulation 4 of the Films, Videos, and Publications Classification Amendment Regulations 2012 (SR 2012/236).

48 Labelling body to disseminate information
  • (1) The labelling body shall take such steps as the Chief Censor may require to ensure that notice of the rating and description (if any) assigned by the labelling body to any film is disseminated to persons engaged in the production, distribution, public supply, or public exhibition of films.

    (2) Every notice required by subclause (1) shall be disseminated not later than 1 month after the rating is assigned to the film, and shall include the following details:

    • (a) the title of the film:

    • (b) the running time of the film:

    • (c) the rating and description (if any) assigned to the film:

    • (d) the date on which the labelling body issued the label in respect of the film.

    (3) Where, pursuant to this regulation, the labelling body is required to supply to any person a copy of any notice required by subclause (1), the labelling body may charge that person a fee for supplying that copy.

    (4) Any fee charged pursuant to subclause (3) for the supply to any person of a copy of a notice shall be no more than is reasonably required to recover the cost to the labelling body of making and supplying that copy.

49 Service of notices and other documents
  • (1) Any notice or other document required to be given or served by, or to or on, any person for the purposes of the Act may be so given or served by delivering it to that person.

    (2) Any such notice or document may be delivered to the person—

    • (a) personally; or

    • (b) by leaving it at that person's usual or last known place of residence or business or at the address specified by that person in any application or other document received from that person; or

    • (c) by posting it in a letter addressed to that person at that place of residence or business or at that address; or

    • (d) where the person has a document exchange box number, by leaving the notice or document at a document exchange for direction to that document exchange box number; or

    • (e) where that person has a facsimile number, by transmitting the notice or document to that facsimile number.

50 Service by post
  • (1) If, in accordance with regulation 49(2)(c), any notice or document is sent to any person by post, it shall be deemed to have been delivered to that person on the earlier of—

    • (a) the fifth working day after the day on which it was posted; or

    • (b) the day on which it was received.

    (2) In proving the delivery it shall be sufficient to prove that the letter was properly addressed and posted.

51 Service by means of document exchange or facsimile
  • (1) Where a notice or document is served on, or given to, any person in accordance with paragraph (d) or paragraph (e) of regulation 49(2), that notice or document shall—

    • (a) if left at a document exchange, be deemed to have been duly served or given on the earlier of—

      • (i) the second working day after the day on which it was so left; or

      • (ii) the day on which it was received; and

    • (b) if transmitted to a facsimile number, be deemed, subject to subclauses (2) and (3), to have been duly served or given on the day on which it was transmitted.

    (2) Where a notice or document is transmitted to a facsimile number after 5 pm on any day, that notice or document shall, subject to subclause (3), be deemed to have been duly served or given on the first working day after the day on which the notice or document was received in a complete and legible condition.

    (3) A notice or document transmitted to a facsimile number shall be deemed to have been received in a complete and legible condition unless—

    • (a) the contrary is shown; or

    • (b) as soon as practicable after the transmission is concluded, the person to whom the notice or document was transmitted notifies the person who transmitted the notice or document that the notice or document was incomplete or illegible or both when it was received.

52 Service on absentee
  • For the purposes of regulation 49, where the person on or to whom a notice or document is required to be served or given is absent from New Zealand, the notice or document may be delivered, as specified in that regulation, to that person's agent in New Zealand.

53 Chief Censor or President of Board may direct manner of service
  • (1) Subject to regulation 54, if any person on or to whom a notice or document is required to be served or given for the purposes of the Act is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased, or if for any other reason it is not practicable to deliver the notice or document personally, the notice or document shall be delivered in such manner as may be directed by the Chief Censor or the President of the Board.

    (2) Notwithstanding anything in regulations 49 to 52, but subject to regulation 54, the Chief Censor or the President of the Board may in any case direct the manner in which any such notice or document is to be given or served, or dispense with the service or giving of any such notice or document.

54 Regulations as to service, etc to be read subject to express provision
  • Regulations 49 to 53 shall be read subject to any provision of the Act that prescribes a particular and exclusive mode of serving or giving any notice or document.

Revocations

55 Revocations
  • The regulations specified in Schedule 3 are hereby revoked.

Part 8
Transitional provisions

Application

56 Application of this Part
  • This Part applies to any film—

    • (a) in respect of which a decision relating to the rating to be assigned to the film or relating to the classification of the film has been made under the Films Act 1983 or the Video Recordings Act 1987, or both; and

    • (b) in respect of which no label has been issued under the Act; and

    • (c) that has not been classified under the Act.

Equivalent ratings and classifications

57 Equivalent ratings and classifications
  • (1) Each of the classifications under the Films Act 1983 specified in the first column of Schedule 4 is equivalent to the rating or classification under this Act specified in relation to each such classification in the second column of that schedule.

    (2) Each of the ratings and classifications under the Video Recordings Act 1987 specified in the third column of Schedule 4 is equivalent to the rating or classification under this Act specified in relation to each such rating or classification in the second column of that schedule.

58 Issue of label in respect of film to which this Part applies
  • (1) Any person who—

    • (a) is engaged in the production, distribution, public supply, or public exhibition of films; or

    • (b) proposes to supply to the public or exhibit to the public any film—

    may apply under section 9(1) of the Act to the labelling body for the issue of a label in respect of any film to which this Part applies.

    (2) On receiving an application under section 9(1) of the Act in relation to a film to which this Part applies, the labelling body shall, subject to regulation 61, issue a label in respect of that film.

    (3) Subject to regulation 59, every such label shall contain—

    • (a) the rating or classification under this Act that is equivalent to the rating or classification of the film under the Films Act 1983 or, as the case requires, the Video Recordings Act 1987, as determined in accordance with regulation 57; and

    • (b) the description (if any) assigned to the film in accordance with regulation 60.

    (4) Every label issued under subclause (3) shall be in the form of, and coloured the same as, whichever of diagrams A to E in Schedule 1 fits the case, which shall be determined by the film's equivalent rating or classification under the Act.

    (5) Nothing in this regulation authorises the labelling body to issue a label in respect of a film that, under section 161(3)(c) or section 168(3)(b) or section 171(3)(a) of the Act, is deemed to have been classified as objectionable.

59 Assignment of rating or classification where conflicting decisions
  • (1) This regulation applies in respect of any film (being a film to which this Part applies) in any case where, because decisions have been made in respect of that film under both the Films Act 1983 and the Video Recordings Act 1987, it is not possible to assign one equivalent rating or classification to that film in accordance with regulation 57.

    (2) Where, pursuant to regulation 58 of these regulations, the labelling body is required to issue a label in respect of a film to which this regulation applies, the labelling body shall,—

    • (a) where the application of regulation 57 would otherwise result in the film having 2 different ratings under the Act, assign to the film the more restrictive of those ratings:

    • (b) where the application of regulation 57 would otherwise result in the film having both a rating and a classification under the Act, assign to the film that classification:

    • (c) where the application of regulation 57 would otherwise result in the film having 2 different classifications under the Act, assign to the film the more restrictive of those classifications.

    (3) The rating or classification assigned to a film pursuant to this regulation shall be included on the label issued in respect of that film pursuant to regulation 58.

60 Assignment of description
  • (1) Subject to subclauses (2) to (4), where, in accordance with regulation 58 or, as the case requires, regulation 59, the labelling body has assigned a rating or a classification to a film, the labelling body shall determine whether to assign a description to that film to indicate whether it contains anti-social behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour.

    (2) Where, in the case of a film that has been classified under the Films Act 1983, a description has been given to the film under section 15(4) of that Act, the labelling body shall assign to the film that description.

    (3) Where a description has been assigned to the film under the Video Recordings Act 1987, the labelling body shall assign to the film that description.

    (4) Notwithstanding anything in subclauses (2) and (3), where the application of those subclauses would otherwise result in the film being assigned 2 different descriptions, the labelling body may—

    • (a) assign to the film whichever of those 2 descriptions the labelling body considers is the more appropriate; or

    • (b) assign to the film any other description that the labelling body considers appropriate.

61 Labelling body must submit film to Classification Office if film includes inconsistent new material
  • (1) This regulation applies to a film (the film) to which this Part applies if,—

    • (a) in accordance with regulation 58, an application is made under section 9(1) of the Act for the issue of a label in respect of the film; and

    • (b) there is included on the film material (the new material) that was not included on the film when a rating or classification was given to the film under—

      • (i) the Films Act 1983; or (as the case requires)

      • (ii) the Video Recordings Act 1987.

    (2) The labelling body must not issue a label in respect of the film (including the new material), but must submit the film (including the new material) to the Classification Office in accordance with section 12(1) of the Act if, after assessing under subclause (3) the new material, the labelling body is satisfied it is inconsistent with the film (excluding the new material).

    (3) The labelling body must, as well as determining the equivalent rating or classification of the film (excluding the new material) under the Act, assess the new material to determine whether it is inconsistent with the film (excluding the new material).

    (4) The new material is inconsistent with the film (excluding the new material) for the purposes of this regulation if taking the steps in regulation 61A would result in the film (excluding the new material) and new material having the ratings or classifications in one of the rows of the table set out in regulation 61B.

    (5) This regulation overrides regulations 58 and 59.

    Regulation 61: substituted, on 7 April 2005, by regulation 12 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

61A Steps referred to in regulation 61(4)
  • (1) One step referred to in regulation 61(4) is for the labelling body to determine the equivalent rating or classification of the film (excluding the new material) under the Act.

    (2) The other step referred to in regulation 61(4) is for the labelling body—

    • (a) to assess the new material—

    • (b) as a result of that assessment, to either—

      • (i) assign the new material a rating; or

      • (ii) be satisfied, in accordance with regulation 10(5), of the classification the new material would be likely to have if it were classified by the Classification Office.

    Regulation 61A: inserted, on 7 April 2005, by regulation 12 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

61B When new material is inconsistent with film
  • The table referred to in regulation 61(4) is as follows:

    rowfilmnew material
    1GPG or M or R
    2PGM or R
    3MR
    4RR

    Regulation 61B: inserted, on 7 April 2005, by regulation 12 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

61C Symbols used in table in regulation 61B
  • (1) The rating symbols in regulation 61B represent (as provided by regulation 13) the ratings specified in regulation 12(1), and those symbols apply regardless of the description (if any) that would be assigned under regulation 14 or under section 36(3)(b) of the Act.

    (2) The symbol “R” in regulation 61B represents every kind of classification as a restricted publication (regardless of the restriction that has been or would be imposed by the Classification Office or the Board of Review), and that symbol applies regardless of—

    • (b) the conditions (if any) that would be imposed pursuant to section 27 of the Act.

    Regulation 61C: inserted, on 7 April 2005, by regulation 12 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

62 Old labels to be obscured
  • Where the labelling body issues a label in respect of a film to which this Part applies, and that film already has displayed on it a label issued under the Video Recordings Act 1987, regulation 20 shall be deemed—

    • (a) to require the new label to be displayed on the film in such a way that the old label is so far as possible no longer visible; or

    • (b) where it is not possible to comply with the requirement specified in paragraph (a), to require the old label to be permanently obscured by some other means, or to be removed.

    Regulation 62(a): amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Film posters approved under Films Act 1983

63 Film posters approved under Films Act 1983
  • (1) Subject to subclause (3), every film poster in respect of which an approval given under the Films Regulations 1984 is subsisting immediately before 1 October 1994 shall be deemed, for the purposes of these regulations, to be approved under these regulations.

    (2) Where any application is made under section 9(1) of the Act to the labelling body for the issue of a label in respect of any film to which this Part applies, nothing in Part 3 requires the submission to the labelling body of any film poster relating to that film in any case where that film poster is deemed by subclause (1) to be approved under these regulations.

    (3) Where, in accordance with regulation 58, the labelling body issues a label in respect of a film to which this Part applies, any film poster to which subclause (1) applies and that is used or intended to be used in relation to the advertising of that film to the public shall show, in accordance with regulation 38, the content of that label.

Compliance with requirements of Films Act 1983 or Video Recordings Act 1987

64 Compliance with requirements of Films Act 1983
  • [Expired]

    Regulation 64: expired, on 1 April 1999, by regulation 66.

65 Compliance with requirements of Video Recordings Act 1987
  • (1) This regulation applies to any film in respect of which a label has been issued under the Video Recordings Act 1987, where the decision authorising the issue of the label is subsisting immediately before 1 October 1994.

    (2) Unless a label has been issued under the Act in respect of the film, if any film to which this regulation applies is supplied to the public or offered for supply to the public, and that film is so supplied or offered for supply in compliance with all of the requirements of the Video Recordings Act 1987 that, immediately before 1 October 1994, applied in respect of the public supply of that film or, as the case requires, the offering of the film for supply to the public, that film shall be deemed to be supplied to the public or, as the case requires, offered for supply to the public in compliance with those requirements of the Act and these regulations that would otherwise apply with respect to the public supply of that film or, as the case requires, the offering of the film for supply to the public.

    (3) [Revoked]

    (4) [Revoked]

    Regulation 65(2): amended, on 24 March 1999, by section 5(1) of the Films, Videos, and Publications Classification Amendment Act 1999 (1999 No 13).

    Regulation 65(3): revoked, on 1 May 1999, by section 5(1) of the Films, Videos, and Publications Classification Amendment Act 1999 (1999 No 13).

    Regulation 65(4): revoked, on 1 May 1999, by section 5(1) of the Films, Videos, and Publications Classification Amendment Act 1999 (1999 No 13).

66 Expiry of regulation 64
  • Regulation 64 expires with the close of 31 March 1999.

    Regulation 66: substituted, on 24 March 1999, by section 5(1) of the Films, Videos, and Publications Classification Amendment Act 1999 (1999 No 13).


Schedule 1
Labels for films

rr 16, 17

  • Schedule 1: substituted, on 12 December 1997, by regulation 2 of the Films, Videos, and Publications Classification Amendment Regulations 1997 (SR 1997/349).

  • Schedule 1 heading: substituted, on 22 May 2005, by regulation 13 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

Diagram A
.
Diagram B
.
Diagram C
.
Diagram D
.
Diagram E
.
Notes to Schedule 1
  • 1. Insert any description assigned to the film by the labelling body or the Office of Film and Literature Classification.

  • 2. Insert the restriction imposed by the Office of Film and Literature Classification or the Film and Literature Board of Review.

Schedule 1A
Labels for other publications that are classified as restricted publications

r 18A(2), (3)

  • Schedule 1A: inserted, on 22 May 2005, by regulation 14 of the Films, Videos, and Publications Classification Amendment Regulations 2005 (SR 2005/46).

Diagram A
.
Diagram B
.
Note
  • 1 Insert the restriction imposed by the Office of Film and Literature Classification or the Film and Literature Board of Review

Schedule 2
Forms

Form 1
Application for review by Film and Literature Board of Review

r 44

Section 47, Films, Videos, and Publications Classification Act 1993

To the Secretary for Internal Affairs

Department of Internal Affairs

Private Bag

Wellington

             

  • 1 Pursuant to section 47 of the Films, Videos, and Publications Classification Act 1993, I hereby apply for a review, by the Film and Literature Board of Review, of the publication specified in paragraph 2 of this application.

  • I am making this application pursuant to paragraph (a) (or (b) or (c) or (d) or (e)) of section 47(2) of the Films, Videos, and Publications Classification Act 1993.

  • The decision of the Classification Office in respect of the publication was entered in the register of classification decisions on [date].

  • 2 The particulars of the publication are: [insert particulars sufficient to identify the publication].

  • 3 My name and address are as follows:

    Name: [full name]

    Address: [address].

  • 4 The application fee of $[amount] is enclosed.

Signature of applicant:

Date:

  • Schedule 2 form 1: amended, on 1 October 2012, by section 27 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Form 2
Search warrant

r 47

[Revoked]

  • Schedule 2 form 2: revoked, on 1 October 2012, by regulation 5 of the Films, Videos, and Publications Classification Amendment Regulations 2012 (SR 2012/236).

Schedule 3
Regulations revoked

r 55

Films Regulations 1984 (SR 1984/77)
Films Regulations 1984, Amendment No 2 (SR 1988/184)
Films Regulations 1984, Amendment No 4 (SR 1990/213)
Films Regulations 1984, Amendment No 5 (SR 1991/138)
Indecent Publications Regulations 1964 (SR 1964/28)
Video Recordings Regulations 1987 (SR 1987/251)
Video Recordings Regulations 1987, Amendment No 1 (SR 1989/152)
Video Recordings Regulations 1987, Amendment No 2 (SR 1990/212)
Video Recordings Regulations 1987, Amendment No 3 (SR 1991/139)

Schedule 4
Equivalent ratings and classifications

r 57

Classification under Films Act 1983 Equivalent rating or classification under Films, Videos, and Publications Classification Act 1993 Rating or classification under Video Recordings Act 1987
Approved for general exhibition (G). Suitable for general audiences. Suitable for general audiences.
Approved for general exhibition: recommended as more suitable for persons 13 years of age and over (GY). Parental guidance recommended for younger viewers. Parental guidance recommended for persons under 13 years of age.
Approved for general exhibition: recommended as more suitable for adults (GA).    
Approved for general exhibition followed by a recommendation that is introduced by an asterisk (G*).    
Approved for exhibition only to persons ... years of age and over and to any person under that age when accompanied by that person's parent or guardian (RP (followed by a specified age)). Suitable for mature audiences 16 years of age and over. Suitable for persons 13 years of age and over.
Suitable for persons 16 years of age and over.
Approved for exhibition only to persons 16 years of age and over (R16). Objectionable except if the availability of the film is restricted to persons who have attained the age of 16 years. Indecent in the hands of persons under 16 years of age.
Approved for exhibition only to persons 18 years of age and over (R18). Objectionable except if the availability of the film is restricted to persons who have attained the age of 18 years. Indecent in the hands of persons under 18 years of age.
Approved for exhibition only to persons 20 years of age and over (R20).    
Approved for exhibition only at 1 or more specified film festivals (whether or not the classification also restricts the exhibition of the film to persons of or over a specified age) (RFF).    
Approved for exhibition only to members of approved film societies (whether or not the classification also restricts the exhibition of the film to persons of or over a specified age) (RFS).    
Approved for exhibition, with a statement (the statement being introduced by an asterisk) of the class or description of persons to whom the film may be exhibited and the places, dates, and times (or any of them) where or when the film may be exhibited (R*). 

Objectionable except if—

  • (a) the availability of the film is restricted to specified persons or classes of persons; or

  • (b) the film is used for 1 or more specified purposes.

 

Indecent unless its circulation is restricted to specified persons or classes of persons.

Indecent unless viewed or used for a particular purpose.

  Note: The terms of the classification shall correspond as near as may be to the terms of the classification under the Films Act 1983 or, as the case may be, the Video Recordings Act 1987.  

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 1 September 1994.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Films, Videos, and Publications Classification Regulations 1994. The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)