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Films, Videos, and Publications Classification Act 1993

Classification of publications - Issue of labels

36: Issue of labels in respect of films

You could also call this:

"How the Classification Office gives labels to films"

Illustration for Films, Videos, and Publications Classification Act 1993

When you submit a film to the Classification Office, they will check it and decide what label to give it. The Classification Office will then tell the labelling body to issue a label for the film, unless subsection 4 applies. They do this after checking the film under sections like section 12. If the Classification Office checks a film under other sections like section 13, they might tell the labelling body to issue a label. They can also tell a video on-demand provider to issue a label for their content. This depends on what the Classification Office decides. The Classification Office will give directions about what to put on the label, like the rating or classification of the film. They might also include conditions for displaying the film, as decided under section 27. The label will have information like the rating and any conditions. The Classification Office will not issue a label for a film they think is objectionable. If they do issue a new label, any old labels for the same film are cancelled. This is what happens when the Classification Office gives a new direction under subsection 2.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313473.

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36A: Issue of labels in respect of other publications that are classified as restricted publications, or

"Getting a label for restricted books and other publications"

Part 3Classification of publications
Issue of labels

36Issue of labels in respect of films

  1. 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.

  2. 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.

  3. 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,—

  4. in the case of commercial video on-demand content made available, or intended to be made available, by a specified CVoD provider, direct the provider to issue a label in respect of that content; or
    1. in any other case, if the Classification Office is satisfied that the film is available for public supply or public exhibition, or is intended to be made available for public supply or public exhibition, direct the labelling body to issue a label in respect of that film.

      1. Subsection (2) is subject to subsection (4) and section 34(b).

      2. Every direction under subsection (1), (1A), or (2) shall specify, in respect of the film,—

      3. either,—
        1. where the Classification Office has classified the film as unrestricted, the rating to be assigned to that film; or
          1. where the Classification Office has classified the film as a restricted publication, the classification of that film; and
          2. where appropriate, the description to be assigned to that film; and
            1. where, pursuant to section 27, the Classification Office has imposed conditions on the public display of the film, or any film poster relating to the film, or both, those conditions.

              1. 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.

              2. If, under subsection (2), the Classification Office directs the labelling body or a specified CVoD provider to issue a label in respect of any film, any label previously issued in respect of that film by the labelling body or specified CVoD provider, and any previous direction by the Classification Office to the labelling body or specified CVoD provider to issue a label in respect of that film, must, for the purposes of this Act, be deemed to be cancelled.

              Compare
              • 1987 No 85 s 25(2)–(6)
              Notes
              • Section 36(1A): inserted, on , by section 15(1) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).
              • Section 36(2): replaced, on , by section 15(2) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).
              • Section 36(2A): inserted, on , by section 15(2) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).
              • Section 36(3): amended, on , by section 15(3) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).
              • Section 36(4): amended, on , by section 15(4) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).
              • Section 36(5): replaced, on , by section 15(5) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).