In this Act, unless the context otherwise requires,—

For the purposes of this Act, a publication is objectionable if it describes, depicts, expresses, or otherwise deals with matters such as sex, horror, crime, cruelty, or violence in such a manner that the availability of the publication is likely to be injurious to the public good.

Without limiting subsection (1), a publication deals with a matter such as sex for the purposes of that subsection if—

Subsection (1A) is for the avoidance of doubt.

A publication shall be deemed to be objectionable for the purposes of this Act if the publication promotes or supports, or tends to promote or support,—

In determining, for the purposes of this Act, whether or not any publication (other than a publication to which subsection (2) applies) is objectionable or should in accordance with section 23(2) be given a classification other than objectionable, particular weight shall be given to the extent and degree to which, and the manner in which, the publication—

In determining, for the purposes of this Act, whether or not any publication (other than a publication to which subsection (2) applies) is objectionable or should in accordance with section 23(2) be given a classification other than objectionable, the following matters shall also be considered:

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

This subsection applies to a publication that contains highly offensive language to such an extent or degree that the availability of the publication would be likely, if not restricted to persons who have attained a specified age, to cause serious harm to persons under that age.

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

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

This subsection applies to a publication that contains material specified in subsection (3) to such an extent or degree that the availability of the publication would, if not restricted to persons who have attained a specified age, be likely to be injurious to the public good for any or all of the reasons specified in subsection (4).

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

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

In determining whether to classify a publication as a restricted publication in accordance with section 3A or section 3B, the Classification Office must consider the matters specified in paragraphs (a) to (f) of section 3(4).

Sections 3A and 3B are not limited by section 3, and do not limit the Classification Office’s power under sections 3 and 23(2)(c) to classify a publication as a restricted publication.

The question whether or not a publication is objectionable or should in accordance with section 23(2) be given a classification other than objectionable is a matter for the expert judgment of the person or body authorised or required, by or pursuant to this Act, to determine it, and evidence as to, or proof of, any of the matters or particulars that the person or body is required to consider in determining that question is not essential to its determination.

Without limiting subsection (1), where evidence as to, or proof of, any such matters or particulars is available to the body or person concerned, that body or person shall take that evidence or proof into consideration.

Sections 23 to 25 of the Harmful Digital Communications Act 2015, which relate to the liability of an online content host for content posted by a user, do not apply to processes or proceedings under Part 7A relating to online publications hosted by them.

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

This Act binds the Crown.

Subject to sections 7 and 8, a film must not be supplied to the public or offered for supply to the public unless—

Subject to sections 7 and 8, a film must not be exhibited to the public unless—

Subsections (1) and (2) do not apply to a film that is commercial video on-demand content offered by a specified CVoD provider, and section 46C applies instead.

Section 6 does not apply in respect of the private screening, for commercial purposes, of any film where—

Subject to subsections (2) and (3), sections 6 and 46C do not apply in respect of any of the following films:

The Chief Censor may, at any time, require any person to make an application under section 9 for the issue of a label in respect of a film of a class mentioned in subsection (1) if,—

Nothing in subsection (1) exempts any film from the requirements of section 6 or 46C if—

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

Subsection (1) does not apply to—

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

The labelling body may, in accordance with regulations made under this Act, exempt any applicant from the requirements of subsection (3)(a).

Subject to any regulations made under this Act, on receiving an application under section 9(1), the labelling body shall, as soon as practicable, examine the film and, subject to subsection (3) and to section 12, shall issue a label in respect of that film.

The label shall contain—

The labelling body shall not issue a label in respect of any film that has been classified by the Classification Office or the Board as objectionable.

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

The Classification Office must provide and maintain a database of films that have been labelled under this Act and that includes the prescribed information in respect of each film.

The Classification Office must make the database available for public inspection at all reasonable times, free of charge, by publishing it on an Internet site maintained by, or on behalf of, the Classification Office.

Where—

the labelling body shall submit that film to the Classification Office for examination and classification pursuant to section 23.

However, the labelling body is not required by subsection (1) to submit a film to the Classification Office if—

Where—

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

The labelling body may submit a film to the Classification Office under subsection (2) only with the leave of the Chief Censor. That leave may be obtained on application made on the form provided for that purpose by the Chief Censor.

Where the Classification Office directs, under section 36, that a label should be issued in respect of any film submitted to it under subsection (1) or subsection (2), the labelling body shall issue a label in accordance with the direction of the Classification Office.

Any of the following persons may submit a publication to the Classification Office for a decision on that publication’s classification:

A submission by an online content host under subsection (1)(ba) must be submitted within 20 working days after they receive the take-down notice.

The Chief Censor may determine that an online publication submitted to the Classification Office under subsection (1)(ba) will not be examined or classified by the office if—

A publication may be submitted to the Classification Office under subsection (1)(c) only with the leave of the Chief Censor given under section 15.

The Chief Censor may, on his or her own motion, determine that any publication should be received for examination by the Classification Office. In any such case the Chief Censor shall, by notice in writing, direct the chief executive of the New Zealand Customs Service or the Secretary to take all reasonable steps to obtain a copy of the publication and submit it to the Classification Office under paragraph (a) or, as the case requires, paragraph (b) of subsection (1).

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

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

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

An online content host who or that wishes to submit a publication to the Classification Office under section 13(1)(ba) must lodge a notice of submission in the prescribed manner with the Classification Office.

A notice of submission must be in the form provided for that purpose by the Chief Censor and must be accompanied by the prescribed fee (if any).

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

Every notice of submission shall be in the form provided for that purpose by the Chief Censor and shall be accompanied by the prescribed fee (if any).

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

Where the Chief Censor grants leave under this section in relation to a publication, the publication shall be deemed to have been submitted to the Classification Office for a decision on that publication’s classification.

Where, in relation to a publication, the Chief Censor grants, or refuses to grant, leave under this section, the Chief Censor shall give written notice of—

to the person who lodged the notice of submission.

Where, in relation to a publication, the Chief Censor refuses to grant leave under this section, every person shall, on request, and on payment of such fee (if any) as the Classification Office may determine, be entitled to a copy of the notice given pursuant to subsection (5) in relation to that refusal.

Notwithstanding anything in subsection (3) of section 15, where a notice of submission is lodged under that section, the Chief Censor may, in his or her discretion, refer the notice to a complaints officer.

On any such referral, the complaints officer shall—

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

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

Where a notice of submission relating to a publication is lodged with the Classification Office under section 15(1), and a copy of that publication is not submitted to the Classification Office, the Classification Office shall take all reasonable steps to obtain a copy of the publication.

If the Classification Office, after taking such steps as are required by subsection (1), is unable to obtain a copy of the publication, that notice of submission shall lapse, and the Classification Office shall notify the person who submitted that notice accordingly.

If any publication submitted under section 12 or section 13 or section 42 is not adaptable to the equipment in the Classification Office, the Classification Office may, except where section 17(1) applies, require the person submitting the publication to make it available for examination by the Classification Office at such place as the Classification Office directs, and to pay all or any of the costs associated with the examination of the publication at that place.

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

The Chief Censor must immediately determine the notice of the submission that is to be given to any person (other than the submitter) who the Chief Censor reasonably believes should be given notice of the submission by reason of that person’s interest in the publication (being an interest as owner, maker, distributor, or publisher of the publication).

The Chief Censor may, before the publication has been classified by the Classification Office, determine—

Having determined under subsection (2) or subsection (3) that notice is to be given or that a fact is to be publicised, unless subsection (5) applies the Chief Censor must direct the submitter to give that notice or to publicise that fact.

The Chief Censor must arrange for the Classification Office to give that notice or to publicise that fact if satisfied that giving that notice or publicising that fact would place an undue burden on the submitter.

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

Where a publication is referred to the Classification Office under section 29(1) or section 41(3), every person who is a party to the proceeding in respect of which that referral is made shall have the right to make written submissions to the Classification Office in respect of the classification of that publication.

In examining any publication for the purposes of this Part, the Classification Office may show the publication to any person whom the Classification Office considers may be able to assist the Office in forming an opinion of the publication on which to base the decision of the Classification Office in respect of the publication.

Nothing in this Act relating to the exhibition or display of publications shall apply to the exhibition or display of a publication by or at the request of the Classification Office for the purposes of subsection (1).

In examining any publication for the purposes of this Part, the Classification Office may—

It shall not be necessary for the Classification Office to hold any hearing, nor, subject to section 20, shall any person have the right to appear before, or to be heard by, or to make submissions to, the Classification Office in relation to any matter that is before that Office.

This section applies to a publication submitted to the Classification Office for classification under section 13.

The Classification Office may make an interim classification assessment that the publication is likely to be objectionable.

The Classification Office may do so only if the Chief Censor believes that there is an urgent need to notify the public that the content of the publication is likely to be objectionable.

The following sections apply to the making of an interim assessment:

The Chief Censor may determine that submissions by the persons listed in section 20(1) must be made in a manner and within a time that the Chief Censor specifies after taking into account what is reasonable in the circumstances, including the need for urgency in dealing with the matter.

The Classification Office may make an interim assessment on the basis of the information that is readily available to it if the Chief Censor considers it is reasonable in the circumstances, including the need for urgency in dealing with the matter.

The making of an interim assessment is not a relevant consideration for the purpose of, and does not affect, the later examination and classification of the same publication under section 23.

The Classification Office must give written notice to the submitter that an interim classification assessment has been made.

The notice must contain the following:

An interim assessment must be registered under section 39, and that section applies as if the interim assessment were a classification decision, except that the following information must be entered in the register (instead of the information in section 39(3)(a) to (c)):

An interim assessment has effect for an interim period.

An interim period begins on the date an interim assessment is made and ends on the sooner of—

This Act applies to a publication during an interim period as if it had been classified as being objectionable under section 23.

A person, on request and on payment of the applicable fee (if any) as determined by the Classification Office, is entitled to a copy of a notice given under this section.

The following people are immune from civil and criminal liability for actions done in good faith when carrying out or intending to carry out their official duties relating to interim classification assessments:

A service provider or an online content host is immune from civil and criminal liability if they remove, or prevent access by the public in New Zealand to, an online publication that is the subject of an interim classification assessment.

In this section,—

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

After examining a publication, and having taken into account the matters referred to in sections 3 to 3D, the Classification Office shall classify the publication as—

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

Where a film is intended to be viewed with an accompanying soundtrack (whether or not the soundtrack is an integral part of the film), an examination of the film under section 23 shall also take into account the content of the soundtrack and its relationship to the film.

Where the Classification Office examines any film under this Part, it may make 1 copy of that film, and any accompanying soundtrack, for the purposes of comparing that copy with any film that it subsequently examines.

The making of a copy of any film or any soundtrack under this section shall not constitute an infringement of the copyright (if any) in that film or soundtrack or in any material incorporated in that film or soundtrack.

For the purposes of this Act, the classification given to a publication under section 23 or section 55 or section 56 shall apply to every copy of that publication that is identical in content with it.

Where, pursuant to this Part, the Classification Office classifies any publication as a restricted publication, the Classification Office shall in every case consider whether or not conditions in respect of the public display of that publication should be imposed pursuant to this section, and may, at the time of classifying that publication, impose such conditions.

In determining whether or not to impose conditions pursuant to this section, and in determining the conditions that it should impose, the Classification Office shall have regard to the following matters:

Where the Classification Office considers that the public display of the publication, if not subject to conditions under this section, would be likely to cause offence to reasonable members of the public, the Classification Office shall, at the time of classifying that publication, impose such conditions under this section in respect of the public display of that publication as it considers necessary to avoid the causing of such offence.

The conditions that may be imposed pursuant to this section in respect of the public display of a publication (other than a film) are as follows:

The conditions that may be imposed pursuant to this section in respect of the public display of a film (other than a film that is video on-demand content) are as follows:

The conditions that may be imposed pursuant to this section in respect of the display of advertising material for video on-demand content that has a restricted classification are as follows:

Any 1 or more of the conditions specified in subsection (4) or, as the case may require, subsection (5) of section 27 may be imposed in respect of a publication, and, without limiting the generality of the foregoing, any 2 or more conditions may be expressed as alternatives.

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

Nothing in section 27(5) limits or affects the powers of the Classification Office to examine or approve film posters under any regulations made under this Act.

For the purposes of this Act, a condition imposed pursuant to subsection (4)(e) or subsection (5)(c) of section 27 prohibiting the public display of any thing in any place shall, in so far as the condition relates to the public display of that thing in any premises, prohibit the public display of that thing not only in those premises but also—

Except as provided in subsections (2) and (3), where in any civil or criminal proceedings before a court (including any proceedings under section 116 but not including proceedings under section 67) a question arises whether any publication—

the court shall refer the question to the Classification Office for decision, and the Classification Office shall have exclusive jurisdiction to determine the question.

Where in any civil or criminal proceedings the defendant admits that a publication—

the court may accept that admission and dispense with a reference to the Classification Office.

Where the Classification Office or the Board has classified a publication under this Act, the production in any proceedings of a copy, certified by the Classification Office, of the entry in the register recording that decision, together with a certificate from the Classification Office that the decision is still in force, shall be sufficient proof in any court of the decision, and if that decision is conclusive proof of the classification of that publication under section 41, the court shall dispense with a reference to the Classification Office in those proceedings.

Where the Classification Office has classified any publication referred to it pursuant to section 29(1) or section 41(3), the Classification Office shall forward a report of its findings to the court that referred the publication.

Where,—

then, subject to section 55(3), that decision shall be of no effect in relation to those proceedings until,—

Notwithstanding anything in section 23, if, after examining a film under this Part (other than a film referred to it pursuant to section 29(1) or section 41(3)), the Classification Office is of the opinion that it would classify the film differently according to whether any specified part or parts of the film are excised from or left in the film, it shall, before making a final determination in respect of the classification of the film, follow the procedure prescribed by section 33.

In any case to which section 32 applies, the Classification Office shall notify the authorised distributor of the film of—

If the authorised distributor of the film agrees to each such excision or alteration to the satisfaction of the Classification Office, the Classification Office shall classify that film in accordance with section 23 as if each of the required excisions and alterations were made.

If the authorised distributor of the film refuses or fails, within 20 working days after the date of the Classification Office’s notice, or within such further period as the Classification Office may allow, to agree to any such alteration or excision to the satisfaction of the Classification Office, the Classification Office shall classify the film in accordance with section 23.

If the authorised distributor of the film agrees to some but not all of the excisions or alterations, the Classification Office shall classify the film in accordance with section 23 as if the excisions and alterations agreed to by the authorised distributor of the film had been made.

In determining whether to exercise, or in exercising, the Classification Office’s powers under this section in respect of any film, the Classification Office may consider the effect that any such excision or alteration may have on the continuity of the film or on its overall effect.

Where, pursuant to subsection (2) or subsection (4) of section 33, the Classification Office classifies any film as if certain excisions or alterations had been made to that film,—

Sections 32 to 34, so far as they are applicable and with the necessary modifications, shall apply with respect to any soundtrack intended to accompany the viewing of any film being examined.

Where the Classification Office has examined and classified a film submitted to it pursuant to section 12, the Classification Office shall, subject to subsection (4) and to section 34(b), direct the labelling body to issue a label in respect of that film.

If the Classification Office has examined and classified commercial video on-demand content referred to it by a specified CVoD provider pursuant to section 46E(3), the Classification Office must, subject to subsection (4) and to section 34(b), direct the specified CVoD provider to issue a label in respect of the content.

If the Classification Office has examined and classified a film submitted to it under section 13 or 42, or referred to it under section 29(1) or 41(3), the Classification Office may,—

Subsection (2) is subject to subsection (4) and section 34(b).

Every direction under subsection (1), (1A), or (2) shall specify, in respect of the film,—

The Classification Office shall not direct the labelling body or a specified CVoD provider to issue a label in respect of any film that the Classification Office has classified as objectionable.

If, under subsection (2), the Classification Office directs the labelling body or a specified CVoD provider to issue a label in respect of any film, any label previously issued in respect of that film by the labelling body or specified CVoD provider, and any previous direction by the Classification Office to the labelling body or specified CVoD provider to issue a label in respect of that film, must, for the purposes of this Act, be deemed to be cancelled.

This subsection applies to a publication (other than a film) if the Classification Office has—

If subsection (1) applies to a publication, the Classification Office must direct the labelling body to issue in respect of the publication a label that specifies the classification given to the publication.

Where, under subsection (2), or following an order under section 55(1)(da), the Classification Office directs the labelling body to issue a label in respect of a publication, each of the following things is, for the purposes of this Act, deemed to be cancelled:

Where it has been determined under this Act that no fewer than 3 issues of a serial publication that have been published within a period of not more than 12 months are objectionable or are restricted publications, the Classification Office may, where any issue of that publication is before the Classification Office for the purposes of this Part, make an order (in this section called a serial publication order) in respect of that serial publication.

The Classification Office shall not make a serial publication order the effect of which is that issues of a serial publication will be treated as objectionable, unless the Classification Office is satisfied that, having regard to the issues of that serial publication that have been classified as objectionable, issues of that serial publication that are published while the order is in force would be likely to be classified as objectionable.

Every serial publication order—

Where—

the Classification Office may include, as part of the terms of that order, such conditions on the public display of the issues to which the order applies, or any advertising posters relating to those issues, or both, as it would be empowered to impose pursuant to that section if those issues were classified as restricted publications.

While any serial publication order is in force in respect of any serial publication, no person shall do any act or thing in relation to any issue to which the order applies (other than an issue that has been classified by the Classification Office or the Board) that would be an offence against any of sections 123 to 129 if that issue were an objectionable publication or a restricted publication, as the serial publication order may require.

Where, pursuant to subsection (4), the Classification Office, as part of any serial publication order, includes any condition on the public display of the issues to which the order applies, or any advertising posters relating to those issues, or both, then, while that serial publication order is in force in respect of that serial publication, no person shall do any act or thing in relation to any such issue or, as the case requires, any such advertising poster that would be an offence against section 130 if that issue were a restricted publication and that condition had been imposed pursuant to section 27.

Nothing in subsection (6) applies in respect of any issue that has been classified by the Classification Office or the Board.

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

Where the Classification Office makes a decision in respect of any publication submitted to the Classification Office under section 13 or section 42, the Classification Office shall give written notice of its decision to the person who submitted the publication to the Classification Office.

Every notice under subsection (1) shall specify—

Every person shall, on request, and on payment of such fee (if any) as the Classification Office may determine, be entitled to a copy of any notice given pursuant to this section.

The Chief Censor must establish and maintain a register of classification decisions made on or after 1 October 2012.

The register must be established and maintained in an electronic medium.

There must be entered in the register for each publication examined by the Classification Office or the Board the following information:

The information specified in subsection (3) must be entered in the register,—

The Chief Censor must take all reasonable steps to ensure that the information contained in the register is available at all reasonable times for inspection by the public.

The Chief Censor must supply to any person a paper or an electronic copy of all or part of the register on request and on payment of a reasonable charge for the production of the copy.

The register must be established and maintained so that it may be searched by reference to all or any 1 or more of the following criteria:

The register may be established and maintained so that it may be searched by reference to any criteria additional to the criteria in subsection (1).

Subject to subsection (2) and to sections 42, 47, and 58, a subsisting decision of the Classification Office or of the Board in respect of any publication is conclusive evidence in any proceedings that the publication—

Where any person is charged with an offence against this Act or any other enactment, nothing in subsection (1) shall prevent that person from challenging any decision of the Classification Office or the Board in respect of any publication if not less than 1 year has elapsed since that decision was entered in the register in accordance with section 39.

Where subsection (2) applies in respect of any decision of the Classification Office or the Board, the court shall, at the request of the person so charged, refer the decision to the Classification Office for reconsideration, or to the Board where the decision to be reconsidered is a decision of the Board.

Any person may, with the leave of the Chief Censor, submit any publication to the Classification Office for reconsideration of the last decision of the Classification Office or the Board in respect of that publication if not less than 3 years have elapsed since that decision was entered in the register in accordance with section 39, and the Classification Office may alter or confirm the previous decision.

Any owner, maker, publisher, or authorised distributor of a publication may submit that publication to the Classification Office for reconsideration of the last decision of the Classification Office or the Board in respect of that publication if not less than 3 years have elapsed since that decision was entered in the register in accordance with section 39, and the Classification Office may alter or confirm the previous decision.

Notwithstanding that the period specified in subsection (1) or subsection (2) has not expired, any person may, with the leave of the Chief Censor, submit any publication to the Classification Office for reconsideration of any decision made in respect of it within the period referred to in those subsections if—

The Chief Censor must—

Nothing in this section prevents the Chief Censor combining—

If the Chief Censor combines the registers referred to in subsection (2), the search criteria in section 40 do not apply to the register that continues to be maintained under subsection (1).

The Classification Office must continue to—

Any fee charged under subsection (1)(c) must be no more than is reasonably required to recover the cost of supplying the list.

The provisions of this Act and the Films, Videos, and Publications Classification Regulations 1994 continue to apply to decisions made by the Classification Office or Board before 1 October 2012 as if the Films, Videos, and Publications Classification Amendment Act 2012 had not been enacted.

Where, in accordance with regulations made under this Act, the Classification Office refuses to approve any film poster used or intended to be used in relation to the public supply or public exhibition of any film submitted to the Classification Office under section 12 or section 13, sections 29(3), 39(2), 41, and 42 shall apply, with all necessary modifications, to the decision of the Classification Office.

Where any publication has been classified under this Act as an objectionable publication or a restricted publication, any person may apply to the Classification Office for an exemption from the provisions of this Act in respect of that publication.

Every application shall be in the form provided for that purpose by the Chief Censor and shall be accompanied by the prescribed fee (if any).

On receiving an application under this section in relation to a publication, the Classification Office,—

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

For the purposes of making a decision on any application under this section, section 21, so far as applicable and with all necessary modifications, shall apply as if the Classification Office were examining the publication to which the application relates for the purposes of classification.

The Classification Office shall not decline an application under this section without giving the applicant—

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

An exemption under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.

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

Every notice under subsection (1) shall specify—

In any prosecution for an offence against this Act, the burden of proving that the defendant was exempted under section 44 and was acting in accordance with the terms of the exemption shall be on the defendant.

The purpose of this Part is to reduce the risk of psychological and physical harm to people who view commercial video on-demand content, particularly vulnerable people and children, by enabling informed viewing decisions through requiring consistent and informative content labelling by specified CVoD providers.

This Act, and any regulations made under it, apply in respect of commercial video on-demand content that is made available in New Zealand by a specified CVoD provider, regardless of whether the provider is resident or incorporated in New Zealand or outside New Zealand.

Before making commercial video on-demand content available to persons in New Zealand, a specified CVoD provider must ensure that the content has been labelled in accordance with this Act.

The label must be displayed in the prescribed manner and must include any classification or rating assigned to the content and any description assigned to the content.

This section is subject to section 8.

If a specified CVoD provider intends to make commercial video on-demand content available to persons in New Zealand and a label for that content has previously been issued under this Act, the provider must issue a label that contains the same classification or rating and the same description (if any) that was contained in the label that was previously issued.

If a specified CVoD provider intends to make commercial video on-demand content available to persons in New Zealand and that content has previously been classified under this Act, but no label has been issued for that content, the provider must refer that content to the Classification Office for a direction under section 36.

Subsections (1) and (2) apply irrespective of whether the content is in the same technical form or a different technical form.

If a specified CVoD provider intends to make available to persons in New Zealand commercial video on-demand content to which a label has not been assigned under this Act, the provider must label the commercial video on-demand content by—

Unless the approved self-rating system used by the provider identifies the commercial video on-demand content as potentially being objectionable, the provider must apply the label generated by the approved self-rating system.

If the approved self-rating system used by the provider identifies the commercial video on-demand content as potentially being objectionable, the provider must refer that content to the Classification Office for classification.

The rating and description assigned to commercial video on-demand content by a specified CVoD provider using an approved self-rating system must be consistent with the purpose of this Part, taking into account all of the following factors:

The rating must indicate whether the content is—

The description, if applicable, must—

A specified CVoD provider may apply to the Chief Censor for approval of a system to be used by the provider to rate and label the provider’s commercial video on-demand content.

Every application must contain the prescribed information and be accompanied by the prescribed fee (if any).

The Chief Censor may approve the self-rating system for use by the provider if the Chief Censor is satisfied that use of the system will enable the provider to meet the requirements of section 46F.

The Chief Censor’s approval may be subject to any terms and conditions that the Chief Censor considers are necessary for the purposes of subsection (3).

The Chief Censor must annually review each approved self-rating system used by a specified CVoD provider.

A specified CVoD provider must pay the prescribed fee (if any) for the annual review.

The Chief Censor may, at any time, give notice to a specified CVoD provider that the approval of the self-rating system used by the provider is suspended if the Chief Censor considers that the provider is not using the self-rating system in accordance with any terms and conditions of the approval.

A notice under subsection (1) must specify the reasons for the suspension.

The Chief Censor may cancel the approval if—

If an approval is suspended under this section, during the period of suspension, the system to which the approval relates is not an approved self-rating system.

If an approval is cancelled under this section, the system to which the approval relates is not an approved self-rating system from the date of the cancellation.

Any person may complain to the Chief Censor about the rating or description assigned by a specified CVoD provider to commercial video on-demand content.

After receiving a complaint, the Chief Censor may—

After making a decision in accordance with subsection (2), the Chief Censor must advise the person who made the complaint of the decision and the reasons for the decision.

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

The following persons may seek a review under subsection (1):

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

The deadline referred to in subsection (3)(b) is the end of ordinary office hours on the 20th working day after the day on which the relevant decision of the Classification Office is entered in the register in accordance with section 39.

For the purposes of this section, a decision of the Classification Office under section 27 to impose any condition on the public display of any restricted publication, or any advertising poster or film poster relating to a restricted publication, or both, or a refusal or failure to impose any such condition, or any particular such condition, under that section, shall be deemed to be a decision with respect to the classification of that publication.

Every application for a review under section 47 shall—

On receiving under this section an application for review the Secretary must, if satisfied that it complies with subsection (1), forward it forthwith to the President of the Board.

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

A person who is entitled, under section 53(2), to make written submissions to the Board in relation to a publication submitted for review under section 47 may, at any time before the review is completed, apply to the President of the Board for an interim restriction order in respect of the publication.

The President must, as soon as practicable,—

If the President grants the application, he or she must make an interim restriction order in respect of the publication that—

When determining whether to make an order under subsection (3)(b) or (c), the President need not take into account the matters referred to in sections 3(4)(a) to (f), 3A, and 3B that apply when determining whether a publication is to be classified as a restricted publication.

Every interim restriction order shall be published in the Gazette.

As soon as reasonably practicable after an interim restriction order is made, the person on whose application the order is made shall—

Every person on whom notice of the making of an interim restriction order is served shall, if that person has furnished the publication to which the order relates to any other person for distribution, exhibition, or supply, give, where practicable and as soon as reasonably practicable, a notice of the making of the order to that other person.

Every interim restriction order shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the review of the publication to which the order relates is completed by the Board.

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

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

Every review under this Part shall be conducted as soon as practicable.

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

The Board shall examine any publication submitted to it under section 47 to determine the classification of the publication.

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

Except as provided in subsections (2) to (4) or in section 54, neither the applicant for review nor any other person shall have the right to appear before, or to be heard by, or to make submissions to, the Board in respect of any review.

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

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

At any hearing held by the Board under subsection (3), the following persons shall be entitled to appear and be heard, and may, with the leave of the Board, be represented by counsel or some other duly authorised person:

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

If the Board consults the person submitting the publication for review, or receives written submissions from that person or any other person in accordance with section 53(2), it shall notify the Classification Office of that fact, and invite the Classification Office to make submissions to the Board in relation to that publication.

If the Board consults the Classification Office otherwise than on purely technical matters, it shall notify the person submitting the publication for review, and, if that person is a party to the proceeding referred to in section 47(2)(c), every other party to that proceeding, that it has done so, and invite that person and every other such party to make submissions to the Board in relation to that publication.

If the Board consults any person who is a party to the proceeding referred to in section 47(2)(c), it shall notify the Classification Office, and every other person who is a party to that proceeding, that it has done so, and invite the Classification Office and those persons to make submissions to the Board in relation to that publication.

After examining any publication submitted to it for review, the Board shall—

Notwithstanding anything in subsection (1), on any review of a publication, the Board shall have the same powers as are conferred on the Classification Office by this Act (other than the powers conferred by section 37).

Before giving written notice of its decision under subsection (1)(c), the Board may inform the persons specified in that paragraph of—

Where the Board makes any decision in relation to any publication submitted to it under section 47, the decision of the Classification Office in relation to that publication (including any conditions imposed under section 27), and the classification given to that publication by the Classification Office, shall, for the purposes of this Act, be deemed to be cancelled.

Where, under section 41(3), a court refers to the Board for reconsideration any decision of the Board in respect of any publication, the Board shall carry out that reconsideration as if it were a review of that publication under section 52, and the provisions of sections 53 to 55, so far as they are applicable and with the necessary modifications, shall apply with respect to any such reconsideration.

The Board may, on its own motion, state a case for the opinion of the High Court on any question of law arising in any matter before the Board.

Where the Board makes any decision in respect of any publication referred to it under section 41(3), or submitted to it under section 47, any of the persons specified in subsection (2) who are dissatisfied with that decision as being erroneous in point of law may appeal to the High Court on that question of law.

The following persons may appeal under subsection (1):

Subject to this Part, every appeal under this section shall be dealt with in accordance with rules of court.

Every appeal under section 58 shall be instituted by the appellant lodging a notice of appeal, within 20 working days after the date the decision is given, with—

For the purpose of subsection (1), a decision is given when the Board gives written notice, under section 55(1)(c), of its decision and of the reasons for its decision.

Subject to section 60, either before or immediately after the lodging of the notice of appeal the appellant shall serve a copy of the notice of appeal, either personally or by post, on every other person who would have been entitled to appeal under section 58 against the decision in respect of which the appeal has been brought.

Service under subsection (2), if by post, shall be by registered letter and shall, for the purposes of this section, be deemed in the absence of evidence to the contrary to be effected at the time when the letter would be delivered in the ordinary course of post.

Every notice of appeal shall specify—

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

Where any person cannot be served with a notice of appeal in accordance with section 59(2), the High Court or a Judge of that court may, on such terms and conditions as the court or Judge thinks fit, dispense with service on that person.

If any of the persons on whom a copy of the notice of appeal is required to be served under section 59(2) wishes to appear and be heard on the hearing of the appeal, that person shall, within 10 working days after the date of the service of that copy on that person, lodge with the Registrar of the High Court at Wellington a notice of that person’s intention to appear and be heard.

If any such person gives a notice of intention to appear and be heard, that party and the appellant shall be parties to the appeal and shall be entitled—

Where any party to an appeal under section 58 other than the appellant wishes to contend at the hearing of the appeal that the decision appealed from is erroneous on a point of law other than those set out in the notice of appeal, that party shall, within 20 working days after the date of the service on that party of a copy of the notice of appeal, lodge a notice to that effect with the Registrar of the High Court at Wellington.

The provisions of section 58, subsections (2) to (4) of section 59, section 60, and sections 63 to 66 shall apply, with any necessary modifications, to any notice lodged under this section as if it were a notice of appeal.

Subject to subsections (2) and (3), the High Court may, on its own motion or on the application of any party to the appeal, make all or any of the following orders:

An application under subsection (1) shall be made,—

The High Court may make an order under subsection (1) only if it is satisfied that a proper determination of the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks fit.

The High Court may dismiss any appeal under section 58—

The High Court or a Judge of the High Court may, in its or that Judge’s discretion, on the application of the appellant or intending appellant, or any other party, extend any time prescribed or allowed under any of the provisions of sections 59 to 64 for the lodging of any notice, application, or other document.

When any party to the appeal notifies the Registrar of the High Court at Wellington—

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

A party to an appeal under section 58 may, at any time before the appeal is determined, apply on notice to the High Court or a Judge of that court for an interim restriction order in respect of the publication that is the subject of the appeal.

The High Court or Judge must, as soon as practicable,—

If the High Court or Judge grants the application, the High Court or Judge must make an interim restriction order in respect of the publication that—

When determining whether to make an order under subsection (3)(b) or (c), the High Court or Judge need not take into account the matters referred to in sections 3(4)(a) to (f), 3A, and 3B that apply in determining whether a publication is to be classified as a restricted publication.

Every interim restriction order shall be published in the Gazette.

As soon as reasonably practicable after an interim restriction order is made, the person on whose application the order is made shall—

Every person on whom notice of the making of an interim restriction order is served shall, if that person has furnished the publication to which the order relates to any other person for distribution, exhibition, or supply, give, where practicable and as soon as reasonably practicable, a notice of the making of the order to that other person.

Every interim restriction order shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the appeal is finally determined by the High Court.

The High Court or a Judge of that court may, on the application on notice of any of the following persons, or on the court’s or the Judge’s own motion, revoke an interim restriction order:

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

If any party to the proceedings before the High Court under this Part is dissatisfied with any final determination of the court in respect of the appeal as being erroneous in point of law, that party may appeal to the Court of Appeal for the opinion of that court on that question of law.

Every such appeal shall be heard and determined in accordance with rules of court.

The functions of the labelling body are as follows:

Subject to this section, the Minister may from time to time, on application made to the Minister in accordance with section 73, approve any body or organisation to act as the labelling body for the purposes of this Act.

An approval under this section shall—

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

The Minister shall not approve a body or organisation under this section unless the Minister is satisfied that—

The Minister shall not decline an application for approval under this section without first giving the applicant—

An application for approval as the labelling body under section 72 shall specify—

In addition to the particulars required under subsection (1), the Minister may, for the purposes of deciding whether or not to grant an approval under section 72, require any body or organisation that applies for an approval to furnish to the Minister such further information as the Minister requires relating to any of the matters specified in paragraphs (a) to (c) of section 72(4).

For the purpose of ensuring that the interests of the general public are taken into account in the labelling of films under this Act, the Minister shall, by notice in the Gazette, appoint 1 or more persons to participate in the carrying out, by the labelling body, of its functions under this Act.

The Minister must make an appointment under subsection (1)—

An appointment under subsection (1) may be made only on the recommendation of the Minister of Consumer Affairs, which recommendation may be made only after consultation by that Minister with the Minister of Women’s Affairs.

A person appointed under subsection (1) shall continue to hold office under that subsection until that person dies, or resigns by notice in writing to the Minister, or that person’s appointment is revoked under subsection (5), or the approval of the body or organisation as the labelling body is revoked under section 75.

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