Films, Videos, and Publications Classification Act 1993

Offences - Offences involving objectionable or restricted publications

129: Offences in public place

You could also call this:

"Showing or giving bad content in public can get you in trouble"

Illustration for Films, Videos, and Publications Classification Act 1993

If you show an objectionable publication in a public place, you commit an offence. You can get in trouble even if you did not know the publication was objectionable. If you do this, you can be fined up to $10,000 as an individual or up to $30,000 as a company. If you give an objectionable publication to someone in a public place, knowing it is objectionable, you also commit an offence. You can be imprisoned for up to one year or fined up to $20,000 as an individual, or fined up to $50,000 as a company if you do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314159.

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128: Circumstances when exhibition or display not an offence, or

"When showing a publication is not against the law"


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130: Breach of conditions on display of restricted publications, or

"Breaking the rules for displaying restricted books, videos, or posters"

Part 8Offences
Offences involving objectionable or restricted publications

129Offences in public place

  1. Every person commits an offence against this Act who exhibits or displays an objectionable publication in or within view of a public place.

  2. 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.

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

  4. 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. Every person commits an offence against this Act who distributes an objectionable publication to any person in a public place knowing or having reasonable cause to believe that the publication is objectionable.

      2. Every person who commits an offence against subsection (3) is liable on conviction,—

      3. in the case of an individual, to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000:
        1. in the case of a body corporate, to a fine not exceeding $50,000.
          Compare
          • 1963 No 22 ss 21(1)(i), (2), 22(1)(e), (2)
          • 1972 No 136 s 7(2)
          • 1987 No 85 ss 51(1)(h), (2), (3), 52(1)(d), (2)
          Notes
          • Section 129(2A): inserted, on , by section 30(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
          • Section 129(2A): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 129(4): substituted, on , by section 30(2) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
          • Section 129(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).