Plain language law

New Zealand law explained for everyone

Films, Videos, and Publications Classification Act 1993

Review of classification decisions - Conduct of reviews

55: Decision of Board

You could also call this:

"The Board's Decision on a Publication"

Illustration for Films, Videos, and Publications Classification Act 1993

When you submit a publication for review, the Board will look at it and decide how to classify it according to section 23(2). The Board will also decide if any conditions should be imposed on the publication's display or advertising, following section 27. You will get a written notice of the Board's decision and the reasons behind it. The Board will tell you and the Classification Office about their decision. If a court sent the publication to the Classification Office, the Board will also tell the court. The Board might tell you about the classification and conditions before giving you the official notice. If the Board makes a decision about a publication, it will cancel any previous decisions made by the Classification Office. The Board has the same powers as the Classification Office when reviewing a publication, except for the powers in section 37. The Board will direct the Classification Office to update the register with their decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313812.

This page was last updated on — View changes

Topics:
Arts and culture > Arts fundingArts and culture > Heritage protectionCrime and justice > Courts and legal helpGovernment and voting > Government departments
Previous

54: Consultation, or

"The Board talks to people and asks for their ideas when reviewing a publication."

Next

56: Reconsideration of decisions referred under section 41(3), or

"Asking the Board to rethink a decision about a publication"

Part 4Review of classification decisions
Conduct of reviews

55Decision of Board

  1. After examining any publication submitted to it for review, the Board shall—

  2. classify the publication in accordance with section 23(2); and
    1. where the Board has classified the publication as a restricted publication, determine in accordance with section 27 whether or not conditions should be imposed in respect of the public display of that publication, or any advertising poster or, as the case requires, any film poster relating to the publication, or both, and if so, what conditions; and
      1. give written notice of its decision, and of the reasons for its decision, to—
        1. the applicant for review; and
          1. the Classification Office; and
            1. if the review is in respect of a publication referred to the Classification Office by a court pursuant to section 29 or section 41(3), to that court; and
            2. where the review is in respect of a film submitted to the Classification Office pursuant to section 12, order the Classification Office to direct the labelling body to issue a label in respect of that film pursuant to section 36; and
              1. where the review is in respect of a publication (other than a film) and the Board imposes a condition pursuant to section 27(4)(a), order the Classification Office to direct the labelling body, in accordance with section 36A(2), to issue a label in respect of the publication; and
                1. direct the Classification Office to enter the Board's decision in the register.

                  1. Notwithstanding anything in subsection (1), on any review of a publication, the Board shall have the same powers as are conferred on the Classification Office by this Act (other than the powers conferred by section 37).

                  2. Before giving written notice of its decision under subsection (1)(c), the Board may inform the persons specified in that paragraph of—

                  3. the classification given to the publication under subsection (1)(a); and
                    1. any conditions imposed under subsection (1)(b).

                      1. Where the Board makes any decision in relation to any publication submitted to it under section 47, the decision of the Classification Office in relation to that publication (including any conditions imposed under section 27), and the classification given to that publication by the Classification Office, shall, for the purposes of this Act, be deemed to be cancelled.

                      Compare
                      • 1983 No 130 s 33(6), (7)
                      • 1987 No 85 s 38(8)–(10)
                      • 1990 No 58 s 9
                      • 1990 No 59 s 7
                      Notes
                      • Section 55(1)(da): inserted, on , by section 20 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                      • Section 55(1)(e): replaced, on , by section 16(1) of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).
                      • Section 55(2A): inserted, on , by section 16(2) of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).
                      • Section 55(3): amended, on , by section 16(3) of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).