Films, Videos, and Publications Classification Act 1993

Classification of publications - Serial publications

37: Serial publications

You could also call this:

"Rules for Magazines and Newspapers with Restricted Content"

Illustration for Films, Videos, and Publications Classification Act 1993

You can get a special order called a serial publication order for a magazine or newspaper. This happens when at least three issues are deemed objectionable or restricted in a year. The Classification Office makes this order. If the Classification Office thinks future issues will be objectionable, they can make this order. The order says if the issues are objectionable or restricted and what the classification is. It comes into force the day after it is registered. The order lasts for up to two years, unless it is cancelled sooner. It applies to every issue published while the order is in force. You cannot do anything with an issue that would be against the law if it were objectionable or restricted. The Classification Office can include conditions on how issues are displayed or advertised. You must follow these conditions or it could be against the law. The Classification Office can change or cancel the order if someone applies to do so. You can apply to change or cancel the order if you are the person who asked for it, or if you are affected by it. The Classification Office decides who can apply to change or cancel the order. They look at who is affected by the order and make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313477.

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38: Decisions of Classification Office, or

"What the Classification Office Decides About a Publication"

Part 3Classification of publications
Serial publications

37Serial publications

  1. Where it has been determined under this Act that no fewer than 3 issues of a serial publication that have been published within a period of not more than 12 months are objectionable or are restricted publications, the Classification Office may, where any issue of that publication is before the Classification Office for the purposes of this Part, make an order (in this section called a serial publication order) in respect of that serial publication.

  2. The Classification Office shall not make a serial publication order the effect of which is that issues of a serial publication will be treated as objectionable, unless the Classification Office is satisfied that, having regard to the issues of that serial publication that have been classified as objectionable, issues of that serial publication that are published while the order is in force would be likely to be classified as objectionable.

  3. Every serial publication order—

  4. shall show whether the issues of the serial publication to which it relates are to be treated as objectionable or as restricted publications and, in the latter case, particulars of the classification; and
    1. shall come into force on the day after the date of its entry in the register; and
      1. shall, unless sooner revoked, remain in force for such period, not exceeding 2 years, as is specified in the order; and
        1. shall apply to every issue of that serial publication that is published while the order is in force.
          1. Where—

          2. the Classification Office makes a serial publication order under which the issues of a serial publication are to be treated as restricted publications; and
            1. the Classification Office has imposed conditions pursuant to section 27 in respect of any 1 or more issues of that serial publication (being issues on the basis of which that serial publication order is made),—
              1. the Classification Office may include, as part of the terms of that order, such conditions on the public display of the issues to which the order applies, or any advertising posters relating to those issues, or both, as it would be empowered to impose pursuant to that section if those issues were classified as restricted publications.

              2. While any serial publication order is in force in respect of any serial publication, no person shall do any act or thing in relation to any issue to which the order applies (other than an issue that has been classified by the Classification Office or the Board) that would be an offence against any of sections 123 to 129 if that issue were an objectionable publication or a restricted publication, as the serial publication order may require.

              3. Where, pursuant to subsection (4), the Classification Office, as part of any serial publication order, includes any condition on the public display of the issues to which the order applies, or any advertising posters relating to those issues, or both, then, while that serial publication order is in force in respect of that serial publication, no person shall do any act or thing in relation to any such issue or, as the case requires, any such advertising poster that would be an offence against section 130 if that issue were a restricted publication and that condition had been imposed pursuant to section 27.

              4. Nothing in subsection (6) applies in respect of any issue that has been classified by the Classification Office or the Board.

              5. The Classification Office may, on the application of any of the following persons, revoke or vary the terms of any serial publication order:

              6. the applicant for the order:
                1. the Secretary:
                  1. the owner, maker, publisher, or authorised distributor of the publication to which the order relates:
                    1. any other person who satisfies the Chief Censor that the person is detrimentally affected by the existence of the order.
                      Compare
                      • 1963 No 22 s 15A
                      • 1972 No 136 s 5