Films, Videos, and Publications Classification Act 1993

Classification of publications - Examination and classification of publications

27: Conditions relating to display of restricted publications

You could also call this:

"Rules for Displaying Restricted Books, Films, and Videos"

Illustration for Films, Videos, and Publications Classification Act 1993

When a publication is classified as restricted, the Classification Office thinks about whether it needs special conditions for public display. They consider why the publication is restricted and how it might affect the public. They want to avoid offending reasonable people. If the Classification Office decides conditions are needed, they can impose rules like showing the classification label on the publication. They can also say the publication must be displayed in a sealed package or in a special area for restricted items. You might need to ask to see the publication or its advertising poster. For films, the rules are similar, but they can also say the film must be displayed in a package made of opaque material. The Classification Office can impose conditions on advertising for video on-demand content with a restricted classification. They can say the advertisement must show the classification label and can only be displayed in certain places or at certain times, as specified by the Classification Office, which you can find out more about by looking at the section 36A(2) rules. The Classification Office makes these decisions to ensure that restricted publications and films are displayed responsibly. They aim to balance the need to inform the public with the need to protect them from offensive content. You can learn more about the rules and how they apply to different types of publications and films.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313459.

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26: Classification applies to identical copies, or

"Same classification for identical copies of a publication"

28: Further provisions relating to conditions on public display of restricted publications, or

"Rules for Displaying Restricted Publications in Public"

Part 3Classification of publications
Examination and classification of publications

27Conditions relating to display of restricted publications

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:
the reasons for classifying the publication as a restricted publication:
the terms of the classification given to the publication:
the likelihood that the public display of the publication, if not subject to conditions or, as the case may be, any particular condition, would cause offence to reasonable members of the public.

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:
that, when the publication is on public display, the classification given to the publication must be shown by way of a label—
1. issued in accordance with a direction under section 36A(2); and either
2. displayed on the publication in a manner specified by the Classification Office; or
3. brought in some other, more practical or convenient way to the attention of persons to whom the publication is displayed in a manner specified by the Classification Office:
that the publication must be publicly displayed only in a sealed package:
that where the publication is publicly displayed in a package, the package must be made of opaque material:
that—or both, must be publicly displayed only in premises, or a part of premises, set aside for the public display of restricted publications (whether or not articles other than restricted publications are also displayed in those premises or that part of those premises):
1. the publication; or
2. any advertising poster relating to the publication,—
that—or both, must not be publicly displayed in any place in which the publication is available for supply, and must be shown in that place only to persons who make a direct request for the publication or, as the case requires, the poster.
1. the publication; or
2. any advertising poster relating to the publication,—

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:
that—or both, must be publicly displayed only in premises, or a part of premises, set aside for the public display of restricted publications (whether or not articles other than restricted publications are also displayed in those premises or that part of those premises):
1. the film; or
2. any film poster relating to the film (whether or not the poster is attached to the cassette, case, or other container in which the film is kept),—
that the film, or any cassette, case, or other container in which the film is kept, must be publicly displayed only in a package made of opaque material:
that—or both, must not be publicly displayed in any place in which the film is available for supply, and must be shown in that place only to persons who make a direct request for the film or, as the case requires, the poster.
1. the film; or
2. any film poster relating to the film (whether or not the poster is attached to the cassette, case, or other container in which the film is kept),—

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:
that the advertisement must indicate the classification and any description assigned to the content by way of a label displayed in a manner specified by the Classification Office:
that the advertisement may only be displayed, broadcast, or otherwise published, or must not be displayed, broadcast, or published—
1. in places or media specified by the Classification Office:
2. at or between times specified by the Classification Office:
3. in association with other advertising or media content of a type specified by the Classification Office:
4. in circumstances specified by the Classification Office.

Notes

Section 27(4)(a): substituted, on 21 May 2005, by section 12(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
Section 27(4)(a)(ii): amended, on 1 October 2012, by section 6 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).
Section 27(5): amended, on 1 August 2021, by section 14(1) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).
Section 27(6): inserted, on 1 August 2021, by section 14(2) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).