Films, Videos, and Publications Classification Act 1993

Classification of publications - Submission of publications

13: Submission of publications by others

You could also call this:

"How to submit a publication for classification"

Illustration for Films, Videos, and Publications Classification Act 1993

You can submit a publication to the Classification Office for a decision on its classification. The chief executive of the New Zealand Customs Service, the Commissioner of Police, and the Secretary can do this. An online content host who gets a take-down notice can also submit a publication. You can submit a publication if you get permission from the Chief Censor under section 15. The Chief Censor can decide to examine a publication on their own. They can ask the chief executive of the New Zealand Customs Service or the Secretary to get a copy of the publication and submit it. If you are an online content host, you must submit the publication within 20 working days of getting the take-down notice. The Chief Censor can decide not to examine a publication if it has already been submitted or classified, or if they think the submission is frivolous or vexatious.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313436.

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"How to Send a Publication to be Checked"

Part 3Classification of publications
Submission of publications

13Submission of publications by others

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

  2. the chief executive of the New Zealand Customs Service:
    1. the Commissioner of Police:
      1. the Secretary:
        1. subject to subsections (1A) and (1B), an online content host who or that has been issued with a take-down notice relating to an online publication:
          1. subject to subsection (2), any other person.
            1. 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.

            2. 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—

            3. the online publication has already been submitted to the Classification Office under this section; or
              1. the online publication has already been the subject of a classification decision; or
                1. the Chief Censor considers that the submitting of the online publication to the Classification Office is frivolous or vexatious.
                  1. 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.

                  2. 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).

                  Compare
                  • 1963 No 22 s 14(1), (2)
                  • 1987 No 85 s 19(1)–(3)
                  Notes
                  • Section 13(1)(a): amended, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
                  • Section 13(1)(ab): inserted, on , by section 9 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                  • Section 13(1)(ba): inserted, on , by section 6(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 13(1A): inserted, on , by section 6(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 13(1B): inserted, on , by section 6(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 13(3): amended, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).