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.