Films, Videos, and Publications Classification Act 1993

Classification of publications - Exemptions

44: Applications for exemption

You could also call this:

"How to apply for an exemption from the film and publication classification law"

Illustration for Films, Videos, and Publications Classification Act 1993

You can apply to the Classification Office for an exemption from the law if a publication has been classified as objectionable or restricted. You need to use the form provided by the Chief Censor and pay the prescribed fee (if any). The Classification Office will consider your application and may exempt a limited class of persons or a particular person from the law for a certain period. You can be exempt from the law for educational, professional, scientific, literary, artistic, or technical purposes. The Classification Office will look at the matters referred to in section 3 when making a decision. They will also consider section 21 when deciding on your application. If the Classification Office declines your application, they will give you the information they used to make that decision. You will have a chance to make written submissions about that information. An exemption can be granted with or without conditions, and it is secondary legislation (see Part 3 of the Legislation Act 2019) unless it only applies to one or more named persons.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313491.

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

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43: Film posters, or

"Rules for advertising films with posters"

45: Notification of decision, or

"The Classification Office tells you in writing if your exemption is approved or not."

Part 3Classification of publications
Exemptions

44Applications for exemption

Where any publication has been classified under this Act as an objectionable publication or a restricted publication, any person may apply to the Classification Office for an exemption from the provisions of this Act in respect of that publication.
Every application shall be in the form provided for that purpose by the Chief Censor and shall be accompanied by the prescribed fee (if any).
On receiving an application under this section in relation to a publication, the Classification Office,—
after taking into account the matters referred to in section 3; and
if it is satisfied that the publication should be made available to a limited class of persons or to a particular person for educational, professional, scientific, literary, artistic, or technical purposes,—

For the purposes of making a decision on any application under this section, section 21, so far as applicable and with all necessary modifications, shall apply as if the Classification Office were examining the publication to which the application relates for the purposes of classification.
The Classification Office shall not decline an application under this section without giving the applicant—
a copy of any information on which the Classification Office relies in proposing to decline the application; and
a reasonable opportunity to make written submissions to the Classification Office in relation to that information.

An exemption under this section may be granted absolutely, or subject to such conditions as may be specified in any regulations made under this Act or as may be imposed by the Classification Office.
An exemption under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.

Compare

1963 No 22 s 31(1)
1987 No 85 s 64(1)

Notes

Section 44(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).