New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) Notwithstanding anything in these regulations, the Chief Censor may, if he or she considers, in any particular case, that it would be unreasonable or unfair or unduly burdensome to require the payment of the whole of any fee prescribed by these regulations in respect of the submission of a publication to the Classification Office under section 12 or section 15 or section 42 of the Act, or the submission of a film poster to the Classification Office under regulation 27 of the Films, Videos, and Publications Classification Regulations 1994, the Chief Censor may waive the payment of such portion of that fee (not exceeding 75% of the fee) as the Chief Censor thinks fit.
(2) Without limiting subclause (1), in determining whether or not to grant any waiver pursuant to that subclause, and in determining the extent of any such waiver, the Chief Censor shall take into account the following matters:
(a) the age of the publication (whether the copy submitted is an original or a subsequent edition):
(b) any value or importance that the publication has in relation to literary, artistic, social, cultural, educational, scientific, historical, or other matters:
(c) the extent to which the publication is available in New Zealand (whether or not in the same format or edition in which the publication is submitted):
(d) the purpose for which the publication is intended to be used:
(e) the commercial gains (if any) likely to be derived from the use of the publication:
(f) any other special circumstance relating to the publication, or its intended use, or the reason for its submission to the Classification Office.
(3) In the case of the submission of a film poster to the Classification Office under regulation 27 of the Films, Videos, and Publications Classification Regulations 1994, the references in subclause (2) to the publication shall be read as references to the publication to which the film poster relates.
(4) Notwithstanding anything in these regulations, where—
(a) an application is made under section 47 of the Act for a review of a publication; and
(b) either—
(i) in the case of a publication that was submitted to the Classification Office by the labelling body under section 12 of the Act, the application is made by the labelling body or by the person who applied to the labelling body for the issue of a label in respect of the publication; or
(ii) in any other case, the application is made by the person who submitted the publication to the Classification Office under section 15 or section 42 of the Act; and
(c) a percentage of the fee payable in respect of the submission of that publication to the Classification Office was waived, pursuant to subclause (1), by the Chief Censor,—
the fee payable by the applicant in respect of that application under section 47 of the Act shall be reduced by the same percentage.
Regulation 7(1): amended, on 1 July 1996, by regulation 6 of the Films, Videos, and Publications Classification (Fees) Regulations 1994, Amendment No 1 (SR 1996/126).
Regulation 7(3): amended, on 1 July 1996, by regulation 6 of the Films, Videos, and Publications Classification (Fees) Regulations 1994, Amendment No 1 (SR 1996/126).
