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Films, Videos, and Publications Classification Act 1993

Offences - Offences involving objectionable or restricted publications

124A: Where distribution, importation, etc, not an offence

You could also call this:

"Doing your job with publications is not against the law"

Illustration for Films, Videos, and Publications Classification Act 1993

You do not break the law if you import, export, or distribute a publication as part of your official job. This applies to people like you who work in certain roles, such as those listed in section 131(4). You can do things like import a publication or make a copy of it for work. You can also give a publication to someone who needs it for their job. If you are charged with an offence, you can defend yourself by proving you did it for a valid reason, as stated in section 131(5). An overseas official is someone in another country who has a job similar to yours. If you are charged with distributing, copying, or having a publication, you can use a defence if you can prove you did it in good faith. This means you must have done it honestly and for a valid reason, as part of your job or as allowed by the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314150.

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Work and jobs > Worker rightsCrime and justice > Criminal law
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"Breaking the law with objectionable publications can lead to big trouble"

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"Breaking rules about restricted publications can lead to a fine"

Part 8Offences
Offences involving objectionable or restricted publications

124AWhere distribution, importation, etc, not an offence

  1. Nothing in section 123 or section 124 makes it an offence for a person referred to in any of paragraphs (a) to (l) of section 131(4) to do any or all of the following things for the purpose of, and in connection with, his or her official duties:

  2. import a publication into New Zealand (whether with the involvement of an overseas official or not):
    1. export a publication from New Zealand to an overseas official:
      1. distribute a publication to a person referred to in any of paragraphs (a) to (l) of section 131(4) if that person takes possession of the publication for the purpose of, and in connection with, his or her official duties:
        1. make a copy of a publication for the purposes of distribution of the kind specified in paragraph (c):
          1. be in possession of a publication for the purposes of distribution of the kind specified in paragraph (c).

            1. In subsection (1), overseas official means a person in a country other than New Zealand who holds an office in that country that corresponds to an office referred to in section 131(4), and who is exercising or performing the duties, functions, or powers of that office.

            2. This subsection applies to a charge under section 123 or section 124 that the defendant—

            3. distributed a publication; or
              1. made a copy of a publication for the purposes of distribution to any other person; or
                1. possessed a publication for the purposes of distribution to any other person.

                  1. It is a defence to a charge to which subsection (3) applies if the defendant proves that the act to which that charge relates was done, in good faith, in accordance with any of paragraphs (a) to (f) of section 131(5).

                  Notes
                  • Section 124A: inserted, on , by section 28 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).