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Films, Videos, and Publications Classification Act 1993

Review of classification decisions - Interim restrictions on review

49: Interim restriction orders on review

You could also call this:

"Temporary rules to control a publication while it's being reviewed"

Illustration for Films, Videos, and Publications Classification Act 1993

You can apply for an interim restriction order if you are allowed to make written submissions about a publication being reviewed. You can do this at any time before the review is finished. The President of the Board will decide whether to grant your application. If the President grants your application, they will make an order that stops certain things from being done with the publication. This order might say that only certain people can access the publication, like people over 18 years old. It might also say that the publication can only be used for certain purposes. The President does not have to consider all the usual factors when deciding whether to make this type of order. They will make a decision based on what they think is in the public interest. You can find more information about this in section 53(2), section 47, section 123(1)(c), (d), or (e), section 127, and section 129.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313805.

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"When to lodge an application to review a classification decision"

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50: Notification of interim restriction order, or

"Telling people about a temporary ban on a film, video, or publication"

Part 4Review of classification decisions
Interim restrictions on review

49Interim restriction orders on review

  1. A person who is entitled, under section 53(2), to make written submissions to the Board in relation to a publication submitted for review under section 47 may, at any time before the review is completed, apply to the President of the Board for an interim restriction order in respect of the publication.

  2. The President must, as soon as practicable,—

  3. grant the application, if he or she is satisfied that it is in the public interest to do so; or
    1. decline the application.

      1. If the President grants the application, he or she must make an interim restriction order in respect of the publication that—

      2. prohibits the doing of any act or thing in relation to the publication that, if the publication were an objectionable publication, would be an offence against any of the following:
        1. section 123(1)(c), (d), or (e):
          1. section 127:
            1. section 129; or
            2. restricts the availability of the publication to—
              1. persons who have attained the age of 18 years or a specified younger age; or
                1. specified persons or classes of persons; or
                2. restricts the use of the publication to 1 or more specified purposes (which may be made in conjunction with an order made under paragraph (b)).

                  1. When determining whether to make an order under subsection (3)(b) or (c), the President need not take into account the matters referred to in sections 3(4)(a) to (f), 3A, and 3B that apply when determining whether a publication is to be classified as a restricted publication.

                  Notes
                  • Section 49: replaced, on , by section 4 of the Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017 (2017 No 43).