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Films, Videos, and Publications Classification Act 1993

Search and seizure

115: Summons to be issued

You could also call this:

"Going to Court to Explain Why a Seized Publication Should Not Be Destroyed"

Illustration for Films, Videos, and Publications Classification Act 1993

If a publication is seized under section 108, you will get a summons to go to the District Court. You will have to explain why the publication should not be destroyed. This happens when the publication is seized from you. If a publication is seized during a search, the owner of the place that was searched will get a summons. You will have to go to the District Court and explain why the publication should not be destroyed. This is because the publication was seized from your place. You will not get a summons if the publication is already classified as unrestricted or restricted. This means the Classification Office or the Board has already decided what type of publication it is.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314113.

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Crime and justice > Courts and legal helpArts and culture > Heritage protection
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114: Custody of property seized, or

"What happens to things taken by police"

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116: Disposal of publications seized, or

"What happens to seized publications that a court decides are objectionable or not"

Part 7Search and seizure

115Summons to be issued

  1. Subject to section 136(2), where any publication is seized under section 108, a summons shall be issued calling on the person from whom it was seized to appear before the District Court presided over by a District Court Judge to show cause why the publication should not be destroyed.

  2. Subject to section 136(2), where any publication is seized under a search warrant, a summons shall be issued calling on the owner or occupier of the place or thing searched to appear before the District Court presided over by a District Court Judge to show cause why the publication should not be destroyed.

  3. It shall not be necessary to issue a summons under subsection (1) or subsection (2) in respect of any publication that the Classification Office or the Board has classified as an unrestricted publication or as a restricted publication.

Compare
  • 1963 No 22 s 25(2)
  • 1987 No 85 s 57(2), (2A)
  • 1990 No 59 s 9
Notes
  • Section 115(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 115(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).