Films, Videos, and Publications Classification Act 1993

Search and seizure

117: Appeal against order for destruction

You could also call this:

"Challenging a decision to destroy a publication"

Illustration for Films, Videos, and Publications Classification Act 1993

You can appeal if you are unhappy with an order to destroy a publication made under section 116(1). You appeal in the way set out by the Criminal Procedure Act 2011. The order is suspended until your appeal is decided or you stop it. You do not have the right to appeal to the High Court under this section, except under section 58. This means you cannot appeal to the High Court against a decision by the Classification Office or the Board about a publication, unless it is under section 58.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314115.

This page was last updated on 8 December 2025 — View changes

Topics:

Crime and justice > Courts and legal helpArts and culture > Heritage protection

116: Disposal of publications seized, or

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

118: Disposal of things seized, or

"What happens to things taken by the police"

Part 7Search and seizure

117Appeal against order for destruction

Any person aggrieved by an order made under section 116(1) for the destruction of any publication may (whatever the amount involved) appeal from that order in the manner provided by the Criminal Procedure Act 2011, and until such appeal is determined or abandoned the order shall be suspended and shall not be carried into effect.
Nothing in subsection (1) confers on any person any right to appeal to the High Court, other than under section 58, against any decision of the Classification Office or the Board in respect of any publication.

Compare

1963 No 22 s 25(5)
1987 No 85 s 57(5), (6)

Notes

Section 117(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).