Films, Videos, and Publications Classification Act 1993

Classification of publications - Classification decisions made on or after 1 October 2012

41: Decisions to be conclusive evidence

You could also call this:

"A court must accept the Classification Office's decision about a publication as strong evidence."

Illustration for Films, Videos, and Publications Classification Act 1993

If you are in court, a decision made by the Classification Office or the Board about a publication is strong evidence. This decision can say the publication is not objectionable, is objectionable, or is objectionable except in certain circumstances. You can challenge this decision if it has been over a year since it was entered in the register in accordance with section 39. If you challenge the decision, the court can ask the Classification Office or the Board to look at it again. The Classification Office or the Board will then reconsider their decision about the publication. This can happen if you are charged with an offence and you want to challenge the decision. You can also challenge the decision if it has been over a year since it was made, and you are in court for an offence against this Act or any other law. The court will then ask the Classification Office or the Board to reconsider the decision, as per sections 42, 47, and 58. This means you can ask for the decision to be looked at again in certain circumstances.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313484.

This page was last updated on 8 December 2025 — View changes

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40: Search criteria, or

"How to search for something in the register"

42: Reconsideration of publications, or

"Asking to Reconsider a Publication's Classification"

Part 3Classification of publications
Classification decisions made on or after 1 October 2012

41Decisions to be conclusive evidence

Subject to subsection (2) and to sections 42, 47, and 58, a subsisting decision of the Classification Office or of the Board in respect of any publication is conclusive evidence in any proceedings that the publication—
is not objectionable; or
is objectionable; or
is objectionable except in any 1 or more of the following circumstances, as specified in the decision:
1. if the availability of the publication is restricted to persons who have attained a specified age:
2. if the availability of the publication is restricted to specified persons or classes of persons:
3. if the publication is used for 1 or more specified purposes.

Where any person is charged with an offence against this Act or any other enactment, nothing in subsection (1) shall prevent that person from challenging any decision of the Classification Office or the Board in respect of any publication if not less than 1 year has elapsed since that decision was entered in the register in accordance with section 39.
Where subsection (2) applies in respect of any decision of the Classification Office or the Board, the court shall, at the request of the person so charged, refer the decision to the Classification Office for reconsideration, or to the Board where the decision to be reconsidered is a decision of the Board.

Compare

1963 No 22 s 18(1), (2)
1987 No 85 s 29

Notes

Section 41(2): amended, on 1 October 2012, by section 11 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).