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Films, Videos, and Publications Classification Act 1993

Search and seizure

106: Powers of Inspectors

You could also call this:

"What inspectors can do to check if rules are being followed"

Illustration for Films, Videos, and Publications Classification Act 1993

You can enter some premises to check if people are following the rules. You need to make sure films and publications are labelled correctly. You can do this by checking the premises where films are shown or publications are displayed. You cannot enter premises when they are closed, unless the owner or someone who works there is with you. When you enter premises, you must show your warrant or proof that you are an inspector. You can ask to see documents and take copies of them. You can also ask for information to help with your inspection. You do not have to answer questions if it might get you in trouble. You will be told about this right before you are asked any questions. You can be asked to provide information, but you must be treated fairly. Inspectors must follow the rules when they enter premises and ask for information, as stated in section 105 and 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=DLM313893.

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105: Authority to act as Inspector, or

"Being an Inspector: What You Can Do"

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107: Inspector may seize publications, or

"Inspector can take a film or publication if it breaks the rules"

Part 7Search and seizure

106Powers of Inspectors

  1. Every Inspector may enter any premises (not being a private residence) in which—

  2. films are offered for public supply; or
    1. publications are publicly displayed; or
      1. film is exhibited to the public or in which the Inspector has reason to believe that film is being exhibited to the public—
          1. for the purpose of ensuring that—
        1. the provisions of this Act, and of any regulations made under this Act, relating to the labelling of films; and
          1. any conditions imposed pursuant to section 27—
              1. are being complied with.

            1. An Inspector shall not enter any such premises at any time when those premises are not open to the public, unless accompanied by, or with the knowledge of, the owner or occupier of the premises into which entry is intended, or the representative or agent or employee of that person.

            2. Every Inspector shall, on entering any premises pursuant to subsection (1), and at any other time when required to do so by the owner or occupier of the premises or by that person's representative, agent, or employee, produce the warrant issued to the Inspector under section 105 or, in the case of a constable, evidence that that person is a constable.

            3. In the exercise of the powers conferred by subsection (1), an Inspector may—

            4. require the production for inspection by that Inspector of any document that relates to the labelling or classification of any film, or the classification of any publication that is a restricted publication, and that is issued under or required by this Act, and may take copies of or extracts from any such document; and
              1. demand any information that the Inspector may reasonably require for the purposes of the inspection.

                1. No person shall be required to answer any question by an Inspector if the answer would or could tend to incriminate that person, and that person shall be informed of that right before an Inspector exercises the power to demand information conferred by this section.

                Compare
                • 1983 No 130 s 69(1)–(5)
                • 1987 No 85 s 68(1)–(5)
                • 1990 No 58 s 10(2)(d)
                Notes
                • Section 106(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).