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Films, Videos, and Publications Classification Act 1993

Offences - Offences involving objectionable or restricted publications

125: Offences of strict liability involving restricted publications

You could also call this:

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

Illustration for Films, Videos, and Publications Classification Act 1993

You commit an offence if you supply or deal with a restricted publication in a way that does not follow its classification. You also commit an offence if you give a restricted publication to someone with the intention that they will deal with it in a way that breaks the law. If you are found guilty, you can be fined up to $3,000 if you are an individual or $10,000 if you are a company. It does not matter if you did not know the publication was restricted. You can still be charged with an offence even if you had no reason to believe the publication was restricted. The law applies to you even if you were not aware of the publication's classification. If you break the law, you will be liable on conviction to a fine, as stated in the Criminal Procedure Act 2011. You can be fined for not following the rules about restricted publications. The fine can be up to $3,000 for an individual or $10,000 for a company.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314153.

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Topics:
Crime and justice > Criminal lawArts and culture > Heritage protection
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124A: Where distribution, importation, etc, not an offence, or

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

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126: Offences involving knowledge in relation to restricted publications, or

"Breaking the rules about restricted publications can get you in trouble"

Part 8Offences
Offences involving objectionable or restricted publications

125Offences of strict liability involving restricted publications

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

  2. supplies, distributes, exhibits, displays, or otherwise deals with a restricted publication otherwise than in accordance with the classification assigned to that publication under this Act; or
    1. delivers to any person any restricted publication with intent that it should be dealt with by that person or any other person in such manner as to constitute an offence against this section.

      1. Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding,—

      2. in the case of an individual, $3,000:
        1. in the case of a body corporate, $10,000.

          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 a restricted publication.

          Compare
          • 1963 No 22 s 21(1)(g), (h)
          Notes
          • Section 125(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).