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Films, Videos, and Publications Classification Act 1993

Search and seizure

107: Inspector may seize publications

You could also call this:

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

Illustration for Films, Videos, and Publications Classification Act 1993

If you are showing a film to the public, an Inspector can take it if they think it does not have a label from this Act. The Inspector can also take the film if it is being shown in a way that breaks the rules in section 120. The Inspector will give the film to the Secretary. If you are publicly displaying a publication, an Inspector can take it if they think it is a restricted publication. This can happen if the Inspector believes the display of the publication is against the law, as stated in section 130, 133, or 133A. The Inspector will give the publication to the Secretary. The Secretary can keep any publication or poster taken by the Inspector. The Secretary will deal with it according to section 118. The Secretary can return the publication or poster to you at any time, but you may have to follow certain conditions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313894.

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106: Powers of Inspectors, or

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

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108: Seizure of objectionable publications, or

"When can the police take away something they think is objectionable?"

Part 7Search and seizure

107Inspector may seize publications

  1. Without limiting section 106, where an Inspector discovers any person offering for public supply, or exhibiting to the public, any film (not being a film that is exempted, by section 7 or section 8, from the provisions of section 6), and—

  2. the Inspector believes, on reasonable grounds, that no label has been issued under this Act in respect of that film; or
    1. the film is being offered for public supply, or exhibited to the public, in contravention of subsection (1)(b) or subsection (2)(b) or subsection (3) of section 120,—
        1. the Inspector may seize the film, and any cassette, case, or other container in or on which that film is kept or offered for public supply, and deliver them to the Secretary.

      1. Without limiting section 106, where—

      2. an Inspector discovers any person publicly displaying any publication; and
        1. the Inspector believes, on reasonable grounds,—
          1. that the publication is a restricted publication or, by virtue of a serial publication order, is to be treated as a restricted publication; and
            1. that the public display of the publication constitutes an offence under section 130, 133, or 133A,—
              2. the Inspector may seize the publication and deliver it to the Secretary.

            2. Without limiting section 106, where—

            3. an Inspector discovers any person publicly displaying—relating to a restricted publication or a publication that, by virtue of a serial publication order, is to be treated as a restricted publication; and
              1. any advertising poster; or
                1. any film poster—
                2. the Inspector believes, on reasonable grounds, that the public display of the poster constitutes an offence under section 130, 133, or 133A,—
                    1. the Inspector may seize the poster and deliver it to the Secretary.

                  1. Subject to subsection (5), the Secretary may retain any publication, advertising poster, or film poster delivered to him or her under subsection (1) or subsection (2) or subsection (3), and the publication, advertising poster, or film poster shall subsequently be dealt with in accordance with section 118; and the provisions of that section, with any necessary modifications, shall apply accordingly.

                  2. The Secretary may, at any time, return the publication, advertising poster, or film poster to the person entitled to it, subject to any such conditions relating to compliance with the provisions of this Act with respect to the publication, advertising poster, or film poster as the Secretary may specify.

                  Compare
                  • 1983 No 130 s 69(6), (7)
                  • 1987 No 85 s 68(6)
                  Notes
                  • Section 107(2)(b)(ii): amended, on , by section 8(1) of the Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017 (2017 No 43).
                  • Section 107(3)(b): amended, on , by section 8(2) of the Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017 (2017 No 43).