Films, Videos, and Publications Classification Act 1993

Classification of publications - Referral of publications by courts

31: When decision on publication referred by court to take effect

You could also call this:

"What happens when a court asks for a decision on a publication"

Illustration for Films, Videos, and Publications Classification Act 1993

When a court sends a publication to the Classification Office, you need to know what happens next. If the Classification Office makes a decision about the publication, that decision does not affect the court case until a certain time. This time is either when the deadline to ask for a review of the decision passes, as stated in section 48A, or when the Board makes a decision about the review, as allowed under section 47, and as affected by section 55(3). You should be aware that the court referred the publication to the Classification Office under section 29(1) or section 41(3). The decision made by the Classification Office is important for the court case. The court case will continue based on the decision made by the Classification Office or the Board. If no one asks for a review of the decision before the deadline, the decision takes effect after the deadline. If someone asks for a review, the decision takes effect when the Board makes its decision. This is how the decision on a publication referred by a court takes effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313465.

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Part 3Classification of publications
Referral of publications by courts

31When decision on publication referred by court to take effect

  1. Where,—

  2. in any civil or criminal proceedings, a publication is referred to the Classification Office pursuant to section 29(1) or section 41(3) by a court; and
    1. the Classification Office makes a decision with respect to that publication,—
      1. then, subject to section 55(3), that decision shall be of no effect in relation to those proceedings until,—
      2. if no application for a review of that decision is lodged pursuant to section 47 before the relevant deadline specified in section 48A, that deadline; or
        1. if an application for a review of that kind is lodged before that deadline, the Board has made a decision in relation to that review.
          Compare
          • 1987 No 85 s 26
          Notes
          • Section 31(c): substituted, on , by section 19(2) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
          • Section 31(d): substituted, on , by section 19(2) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
          • Section 31(d): amended, on , by section 7 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).