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Films, Videos, and Publications Classification Act 1993

Review of classification decisions - Applications for review

47: Right of review

You could also call this:

"Ask for a review if you disagree with a classification decision"

Illustration for Films, Videos, and Publications Classification Act 1993

You can ask for a review if you are unhappy with a decision made by the Classification Office about a publication. You must apply to have the publication reviewed by the Board. The people who can ask for a review are those who submitted the publication, the labelling body, parties to a court proceeding, the owner or maker of the publication, or anyone else with permission from the Secretary. You can ask for a review if a publication was submitted under section 13 or section 42, or if it was referred by a court under section 29(1) or section 41(3). The owner, maker, or publisher of the publication can also ask for a review. If you want to ask for a review and you are not one of these people, you need to get permission from the Secretary. If you are asking for permission from the Secretary, you must apply in the correct way and before the deadline. The deadline is 20 working days after the decision is entered in the register under section 39. A decision about a publication's classification includes any conditions on how it can be displayed in public, as stated in section 27.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313496.

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Part 4Review of classification decisions
Applications for review

47Right of review

  1. Any of the persons specified in subsection (2) who are dissatisfied with any decision of the Classification Office with respect to the classification of any publication shall be entitled, on application, to have the publication reviewed by the Board.

  2. The following persons may seek a review under subsection (1):

  3. where the publication has been submitted to the Classification Office pursuant to section 13 or section 42, the person who submitted that publication:
    1. where the publication has been submitted to the Classification Office by the labelling body pursuant to section 12, the labelling body:
      1. where the publication has been referred to the Classification Office by a court pursuant to section 29(1) or section 41(3), any party to the proceeding in respect of which that referral was made:
        1. in all cases, the owner, maker, publisher, or authorised distributor of the publication:
          1. with the leave of the Secretary, any other person.

            1. Every application for the leave of the Secretary under subsection (2)(e) must—

            2. be made in the prescribed manner; and
              1. be lodged with the Secretary before the deadline specified in subsection (3A).

                1. The deadline referred to in subsection (3)(b) is the end of ordinary office hours on the 20th working day after the day on which the relevant decision of the Classification Office is entered in the register in accordance with section 39.

                2. For the purposes of this section, a decision of the Classification Office under section 27 to impose any condition on the public display of any restricted publication, or any advertising poster or film poster relating to a restricted publication, or both, or a refusal or failure to impose any such condition, or any particular such condition, under that section, shall be deemed to be a decision with respect to the classification of that publication.

                Compare
                • 1983 No 130 s 30
                • 1987 No 85 s 36
                Notes
                • Section 47(3): substituted, on , by section 17(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                • Section 47(3A): inserted, on , by section 17(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                • Section 47(3A): amended, on , by section 14 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).