Films, Videos, and Publications Classification Act 1993

Part 1 Preliminary provisions

2 Interpretation

In this Act, unless the context otherwise requires,—

advertising poster means any poster, placard, photograph, or other printed pictorial matter that is intended for use in the advertising of any publication (other than a film) to the public; and includes a miniature representation of the whole or part of any such poster; and also includes any enlarged representation of the whole or any part of any such poster

approved self-rating system means a system approved by the Chief Censor under section 46G for use by a specified CVoD provider to rate and label the provider’s commercial video on-demand content

authorised distributor, in relation to a publication, means—

(a)

the person who appears to the Classification Office to be lawfully entitled to distribute the publication in New Zealand; or

(b)

where there is no such person, the owner of the publication

Board of Review or Board means the Film and Literature Board of Review established by section 91

book—

(a)

means any book, magazine, or periodical, whether in manuscript or final form; but

(b)

does not include a newspaper published at intervals of less than 1 month

broadcasting has the same meaning as in section 2 of the Broadcasting Act 1989

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

Chief Censor means the Chief Censor of Film and Literature appointed under section 80(1)

classification means the classification given to a publication under section 23 or section 55 or section 56

Classification Office means the Office of Film and Literature Classification established under section 76

classification officer means a person appointed as a classification officer pursuant to section 80(2)

commercial video on-demand content—

(a)

means video on-demand content that is made available to persons in New Zealand for a fee or other consideration; but

(b)

does not include video on-demand content that is made available on a platform provided by a broadcaster as part of a subscription-based television service if—

(i)

the platform is only accessible by subscribers to the service; and

(ii)

that content has been classified in accordance with a code of broadcasting practice issued or approved by the Broadcasting Standards Authority under section 21(1) of the Broadcasting Act 1989

Examples

A movie that can be downloaded from the Internet by a person who pays a one-off fee to access that movie.

A series made available to a person who paid a subscription fee for access to a catalogue of content to be accessed through a computer or other electronic device.

A short film made available to a person who has been given access to a catalogue of online content as a benefit of entering into a contract with an Internet provider.

complaints officer means a person designated under clause 3 of Schedule 1 as a complaints officer

Deputy Chief Censor means the Deputy Chief Censor of Film and Literature appointed under section 80(1)

description means the description of the contents of a film assigned to it under this Act

display case, in relation to a video recording, 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 video recording is kept, or that is displayed, in any premises in which video recordings are supplied or offered for supply, to indicate that the video recording is available for supply; and

(b)

that shows the title of that video recording; and

(c)

that must be removed before the video recording can be viewed

exhibit, in relation to a sound recording, means to play that sound recording

exhibit to the public, in relation to a film,—

(a)

means to screen or arrange or organise the screening of, or to assist any other person to screen or arrange or organise the screening of, the film—

(i)

to the public, or any section of the public; or

(ii)

to any group or class of persons otherwise than in a private residence,—

whether or not a charge is made for admission to the premises in which the exhibition is held; but

(b)

does not include the broadcasting of the film;—

and public exhibition has a corresponding meaning

film—

(a)

means a cinematograph film, a video recording, and any other material record of visual moving images that is capable of being used for the subsequent display of those images, and includes any part of any film, and any copy or part of a copy of the whole or any part of a film; and

(b)

includes video on-demand content

film poster—

(a)

means any poster, placard, video slick, photograph, or other printed pictorial matter that is intended for use in the advertising or exhibition of any film to the public, and includes a miniature representation of the whole or part of any such poster, and also includes any enlarged representation of the whole or any part of any such poster; but

(b)

does not include a poster, placard, video slick, photograph, or other printed pictorial matter that is intended for use to advertise commercial video on-demand content

Information Unit means the Information Unit established under section 88

Inspector means an Inspector of Publications holding office under section 103(1) or (2), and includes a constable except for the purposes of Part 7A (see section 103(3))

interim restriction order,—

(a)

in Part 4, means an order made under section 49:

(b)

in Part 5, means an order made under section 67

issue, in relation to a serial publication, means a separately published part of that publication

label means a label issued in respect of a film or other publication under this Act

labelling body means the body for the time being approved by the Minister under section 72

Minister means the Minister of Internal Affairs

newspaper means any periodical publication published (whether in New Zealand or elsewhere) at intervals not exceeding 40 days, or any copy of, or part of any copy of, any such publication; and includes every publication that at any time accompanies and is distributed along with any newspaper

objectionable has the meaning given to it in section 3

online content host has the meaning given in section 119A as qualified by section 119B

package includes anything in which goods may be cased, covered, enclosed, contained, or packed

premises means any building, enclosure, ground, or open-air space

printed matter means any book, letterpress, lithograph, newspaper, pamphlet, paper, periodical, photograph, picture, print, or other reproduction; but does not include any reproduction of a purely business, commercial, official, professional, religious, scholastic, social, or trading character

private residence means a place of residence of any person in respect of which that person has the exclusive right of occupation; and includes—

(a)

private rooms in any hotel, hostel, apartment building, or boardinghouse; and

(b)

motel units, cabins, and baches; and

(c)

any other places of temporary residence,—

whether self-contained or not

public display,—

(a)

in relation to a publication, means the display of that publication in a public place in circumstances that may reasonably be taken to indicate that the publication is available for supply:

(b)

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

public place has the same meaning as in section 2 of the Summary Offences Act 1981

publication means—

(a)

any film, book, sound recording, picture, newspaper, photograph, photographic negative, photographic plate, or photographic slide:

(b)

any print or writing:

(c)

a paper or other thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words:

(d)

a thing (including, but not limited to, a disc, or an electronic or computer file) on which is recorded or stored information that, by the use of a computer or other electronic device, is capable of being reproduced or shown as 1 or more (or a combination of 1 or more) images, representations, signs, statements, sounds, or words

(e)

a copy of images or sounds that have been livestreamed, but not the livestreaming itself of those images or sounds (livestream has the meaning given in section 119A)

rating means the description of the audience for which a film is suitable (as determined in accordance with regulations made under this Act) assigned to a film under this Act

register means the register of classification decisions established and maintained under section 39

restricted publication means a publication that is classified under section 23(2)(c)

search warrant means a warrant issued under section 109 or section 109A or section 109B

Secretary means the Secretary for Internal Affairs

serial publication—

(a)

means—

(i)

a magazine or periodical published at substantially regular intervals:

(ii)

any printed publication divided into parts that are published separately at intervals; but

(b)

does not include a newspaper published at intervals of less than 1 month

serial publication order means an order made under section 37(1)

specified CVoD provider means—

(a)

a company listed in Schedule 4, to the extent that the company makes commercial video on-demand content available in New Zealand; and

(b)

a subsidiary of a company listed in Schedule 4, if that subsidiary makes commercial video on-demand content available in New Zealand

supply means to sell, or deliver by way of hire, or offer for sale or hire

supply to the public, in relation to a film,—

(a)

means supply by way of sale, hire, exchange, or loan, in the course of any business; and includes sale, hire, exchange, or loan by—

(i)

any public library; or

(ii)

any club or association, whether public or private, and whether incorporated or unincorporated, that, as part of its activities, makes films available to its members; but

(b)

does not include any supply of any film to any person who makes or distributes or supplies films, unless that person intends to supply that film to the public or, in the case of a club or association to which paragraph (a)(ii) applies, to its members;—

and public supply has a corresponding meaning

video game means any video recording that is designed for use wholly or principally as a game

video on-demand content means content, in the form of visual images produced electronically and shown as a moving picture, that is made available to persons on-demand using a computer or other electronic device

video recording means any disc, magnetic tape, or solid state recording device containing information by the use of which 1 or more series of visual images may be produced electronically and shown as a moving picture

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

wholesale distributor means any person who imports for sale in New Zealand otherwise than to the public any printed matter published outside New Zealand

working day means any day of the week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in any year and ending with 15 January in the following year.

Section 2 approved self-rating system: inserted, on 10 August 2020, by section 4(1) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).

Section 2 commercial video on-demand content: inserted, on 10 August 2020, by section 4(1) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).

Section 2 film: replaced, on 1 August 2021, by section 4(2) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).

Section 2 film poster: replaced, on 1 August 2021, by section 4(3) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).

Section 2 Inspector: replaced, on 1 February 2022, by section 4(1) of the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 (2021 No 43).

Section 2 label: amended, on 21 May 2005, by section 3(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 2 newspaper: substituted, on 27 April 1995, by section 3 of the Newspapers and Printers Act Repeal Act 1995 (1995 No 13).

Section 2 online content host: inserted, on 1 February 2022, by section 4(4) of the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 (2021 No 43).

Section 2 printed matter: substituted, on 27 April 1995, by section 4(1) of the Newspapers and Printers Act Repeal Act 1995 (1995 No 13).

Section 2 publication paragraph (c): substituted, on 22 February 2005, by section 3(2) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 2 publication paragraph (d): added, on 22 February 2005, by section 3(2) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 2 publication paragraph (d): amended, on 1 February 2022, by section 4(2) of the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 (2021 No 43).

Section 2 publication paragraph (e): inserted, on 1 February 2022, by section 4(3) of the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 (2021 No 43).

Section 2 register: amended, on 1 October 2012, by section 4 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Section 2 search warrant: amended, on 22 February 2005, by section 23(2) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 2 specified CVoD provider: inserted, on 10 August 2020, by section 4(1) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).

Section 2 video on-demand content: inserted, on 10 August 2020, by section 4(1) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).

Section 2 working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).

Section 2 working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).