Films, Videos, and Publications Classification Act 1993

124A Where distribution, importation, etc, not an offence

(1)

Nothing in section 123 or section 124 makes it an offence for a person referred to in any of paragraphs (a) to (l) of section 131(4) to do any or all of the following things for the purpose of, and in connection with, his or her official duties:

(a)

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

(b)

export a publication from New Zealand to an overseas official:

(c)

distribute a publication to a person referred to in any of paragraphs (a) to (l) of section 131(4) if that person takes possession of the publication for the purpose of, and in connection with, his or her official duties:

(d)

make a copy of a publication for the purposes of distribution of the kind specified in paragraph (c):

(e)

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

(2)

In subsection (1), overseas official means a person in a country other than New Zealand who holds an office in that country that corresponds to an office referred to in section 131(4), and who is exercising or performing the duties, functions, or powers of that office.

(3)

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

(a)

distributed a publication; or

(b)

made a copy of a publication for the purposes of distribution to any other person; or

(c)

possessed a publication for the purposes of distribution to any other person.

(4)

It is a defence to a charge to which subsection (3) applies if the defendant proves that the act to which that charge relates was done, in good faith, in accordance with any of paragraphs (a) to (f) of section 131(5).

Section 124A: inserted, on 22 February 2005, by section 28 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).