Plain language law

New Zealand law explained for everyone

Films, Videos, and Publications Classification Act 1993

Appeals - Interim restrictions on appeal

67: Interim restriction orders on appeal

You could also call this:

"A court can temporarily stop someone from doing something with a publication while an appeal is happening"

Illustration for Films, Videos, and Publications Classification Act 1993

You can apply to the High Court for an interim restriction order if you are involved in an appeal under section 58. The High Court or Judge will decide as soon as possible whether to grant the application. They will grant it if they think it is in the public interest. You can be stopped from doing certain things with a publication if the High Court or Judge grants the application. This includes things that would be against the law if the publication was objectionable, such as actions under section 123(1)(c), (d), or (e), section 127, or section 129. The High Court or Judge can also restrict who can get the publication or how it can be used. They can say only people over 18 or certain people can get it. They can also say it can only be used for certain purposes. When making these decisions, the High Court or Judge does not have to consider certain matters, such as those in sections 3(4)(a) to (f), 3A, and 3B.

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 It might be out of date or be missing some parts.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=DLM313828.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpArts and culture > Heritage protection
Previous

66: Date of hearing, or

"When your appeal is ready, a court date is set."

Next

68: Notification of interim restriction order, or

"What to do when a temporary ban on a film, video, or publication is made"

Part 5Appeals
Interim restrictions on appeal

67Interim restriction orders on appeal

  1. A party to an appeal under section 58 may, at any time before the appeal is determined, apply on notice to the High Court or a Judge of that court for an interim restriction order in respect of the publication that is the subject of the appeal.

  2. The High Court or Judge must, as soon as practicable,—

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

      1. If the High Court or Judge grants the application, the High Court or Judge 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 High Court or Judge need not take into account the matters referred to in sections 3(4)(a) to (f), 3A, and 3B that apply in determining whether a publication is to be classified as a restricted publication.

                  Notes
                  • Section 67: replaced, on , by section 5 of the Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017 (2017 No 43).