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Films, Videos, and Publications Classification Act 1993

Offences - Offences involving objectionable or restricted publications

123: Offences of strict liability relating to objectionable publications

You could also call this:

"Breaking the law with objectionable publications can lead to big fines."

Illustration for Films, Videos, and Publications Classification Act 1993

You commit an offence if you make or copy an objectionable publication. You also commit an offence if you import, supply, or distribute an objectionable publication to someone else. You can be fined up to $10,000 if you are an individual, or up to $30,000 if you are a company. You can commit an offence even if you did not know the publication was objectionable. A publication can be supplied or distributed in physical form or electronically. This includes sending it by email or other electronic means, as explained in section 2 and section 122. If you do something with an objectionable publication, like displaying or exhibiting it to someone else for payment or gain, you commit an offence. You can be fined even if you did not mean to break the law. It is an offence to have an objectionable publication if you plan to supply or distribute it to someone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314143.

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Topics:
Crime and justice > Criminal law
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"Breaking the law with objectionable publications can lead to big trouble"

Part 8Offences
Offences involving objectionable or restricted publications

123Offences of strict liability relating to objectionable publications

  1. Every person commits an offence against this Act who—

  2. makes an objectionable publication; or
    1. makes a copy of an objectionable publication for the purposes of supply, distribution, display, or exhibition to any other person; or
      1. imports into New Zealand an objectionable publication for the purposes of supply or distribution to any other person; or
        1. supplies or distributes (including in either case by way of exportation from New Zealand) an objectionable publication to any other person; or
          1. has in that person's possession, for the purposes of supply or distribution to any other person, an objectionable publication; or
            1. in expectation of payment or otherwise for gain, or by way of advertisement, displays or exhibits an objectionable publication to any other person.

              1. Every person who commits an offence against subsection (1) is liable on conviction,—

              2. in the case of an individual, to a fine not exceeding $10,000:
                1. in the case of a body corporate, to a fine not exceeding $30,000.

                  1. It shall be no defence to a charge under subsection (1) that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable.

                  2. Without limiting the generality of this section, a publication may be—

                  3. supplied (within the meaning of that term in section 2) for the purposes of any of paragraphs (b) to (e) of subsection (1); or
                    1. distributed (within the meaning of that term in section 122) for the purposes of any of paragraphs (b) to (e) of subsection (1); or
                      1. imported into New Zealand for the purposes of paragraph (c) of subsection (1),—
                          1. not only in a physical form but also by means of the electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication, other than by broadcasting) of the contents of the publication.

                        Compare
                        • 1963 No 22 s 21(1)(a)–(c), (e), (h), (i), (2)
                        • 1982 No 27 s 3(1)
                        • 1987 No 85 ss 51(1)(a)–(d), (g), (i), (2), 70(3)
                        Notes
                        • Section 123(1)(c): substituted, on , by section 26(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                        • Section 123(1)(d): substituted, on , by section 26(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                        • Section 123(1)(e): substituted, on , by section 26(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                        • Section 123(1)(f): substituted, on , by section 26(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                        • Section 123(2): substituted, on , by section 26(2) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                        • Section 123(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                        • Section 123(4)(a): substituted, on , by section 26(3) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                        • Section 123(4)(b): substituted, on , by section 26(3) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                        • Section 123(4)(c): added, on , by section 26(3) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).