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Films, Videos, and Publications Classification Act 1993

Offences - Offences involving objectionable or restricted publications

131: Offence to possess objectionable publication

You could also call this:

"It's against the law to have a bad or objectionable publication without a good reason."

Illustration for Films, Videos, and Publications Classification Act 1993

If you have an objectionable publication, you can get in trouble. You must not have an objectionable publication without a good reason. Having an objectionable publication can lead to a fine. If you work with these kinds of publications, like a censor or a police officer, it is okay to have them for work. You can also have them if you are giving legal advice or following a court order. Some people, like judges or librarians, can have objectionable publications for their jobs. You can have an electronic publication, like a video, without physically saving it. This is still considered having the publication. An electronic publication is something that is a publication under certain rules, which you can find in section 2. It is not a defence to say you did not know the publication was objectionable. But you can say you had it for a good reason, like to give to someone who is allowed to have it. You can also have it for court or to give legal advice. If you are delivering the publication to the National Librarian, that is okay too, as long as you are following the rules in Part 4 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003. Some people, like video providers, can have objectionable publications to rate and label them. They must use their approved system and send the publication to the Classification Office if it might be objectionable, as stated in section 46E(3). Remember, having an objectionable publication without a good reason can get you in trouble.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314163.

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Topics:
Crime and justice > Criminal 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"

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131A: Offences relating to possession of objectionable publications and involving knowledge, or

"Breaking the law by having or dealing with bad publications when you know they are wrong"

Part 8Offences
Offences involving objectionable or restricted publications

131Offence to possess objectionable publication

  1. Every person commits an offence against this Act who, without lawful authority or excuse, has in that person's possession an objectionable publication.

  2. Subsection (1) is subject to subsections (4) and (5).

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

  4. in the case of an individual, $2,000:
    1. in the case of a body corporate, $5,000.

      1. A person can have an electronic publication in that person's possession for the purposes of subsection (1) even though that person's actual or potential physical custody or control of the publication is not, or does not include, that person intentionally or knowingly using a computer or other electronic device to save the publication (or a copy of it).

      2. Electronic publication, in subsection (2A), means a thing that is a publication under paragraph (d) or (e) of the definition of publication in section 2.

      3. Subsection (2A) is for the avoidance of doubt, and does not limit subsection (1).

      4. 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.

      5. Nothing in subsection (1) makes it an offence for any of the following persons to be in possession of an objectionable publication, where such possession is for the purpose of and in connection with the person's official duties:

      6. the Chief Censor:
        1. the Deputy Chief Censor:
          1. any classification officer:
            1. any person holding office pursuant to clause 2 of Schedule 1:
              1. any member of the Board:
                1. the labelling body or any person who is carrying out the functions of the labelling body:
                  1. any Inspector:
                    1. any constable:
                      1. any officer of the Customs:
                        1. any Judge of the High Court, or District Court Judge, Coroner, associate coroner, Justice, or Community Magistrate:
                          1. in relation to any publication delivered to the National Librarian pursuant to Part 4 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003, the National Librarian or any other employee in the department responsible for the administration of that Act:
                            1. any other person in the service of the Crown.

                              1. It is a defence to a charge under subsection (1) if the defendant proves that the defendant had possession of the publication to which the charge relates, in good faith,—

                              2. for the purpose or with the intention of delivering it into the possession of a person lawfully entitled to have possession of it; or
                                1. for the purposes of any proceedings under this Act or any other enactment in relation to the publication; or
                                  1. for the purpose of giving legal advice in relation to the publication; or
                                    1. for the purposes of giving legal advice, or making representations, in relation to any proceedings; or
                                      1. in accordance with, or for the purpose of, complying with any decision or order made in relation to the publication by the Chief Censor, the Classification Office, the Board, or any court, Judge, Justice, or Community Magistrate; or
                                        1. in connection with the delivery of the publication to the National Librarian in accordance with Part 4 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003; or
                                          1. for the purposes of rating and labelling the publication, if—
                                            1. the publication is video on-demand content; and
                                              1. the defendant is a specified CVoD provider; and
                                                1. the defendant assesses the content as soon as is reasonably practicable after it comes into the defendant’s possession, using the defendant's approved self-rating system, and refers the content to the Classification Office for classification in accordance with section 46E(3) as soon as is reasonably practicable after the approved self-rating system identifies the content as potentially being objectionable.

                                                2. Nothing in subsection (5) shall prejudice any defence that it is open to a person charged with an offence against this section to raise apart from that subsection.

                                                3. For the avoidance of doubt, in this section the term proceedings includes proceedings before the Classification Office.

                                                Notes
                                                • Section 131(1): amended, on , by section 5(1) of the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 (2015 No 42).
                                                • Section 131(1A): inserted, on , by section 5(2) of the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 (2015 No 42).
                                                • Section 131(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                                • Section 131(2A): inserted, on , by section 5(3) of the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 (2015 No 42).
                                                • Section 131(2B): inserted, on , by section 5(3) of the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 (2015 No 42).
                                                • Section 131(2B): amended, on , by section 13 of the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 (2021 No 43).
                                                • Section 131(2C): inserted, on , by section 5(3) of the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 (2015 No 42).
                                                • Section 131(4)(h): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                                • Section 131(4)(j): amended, on , by section 36 of the Coroners Amendment Act 2023 (2023 No 8).
                                                • Section 131(4)(j): amended, on , by section 7 of the District Courts Amendment Act 1998 (1998 No 76).
                                                • Section 131(4)(k): amended, on , by section 51 of the Parliament (Repeals and Amendments) Act 2025 (2025 No 63).
                                                • Section 131(4)(k): amended, on , by section 47 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 (2003 No 19).
                                                • Section 131(5)(e): amended, on , by section 7 of the District Courts Amendment Act 1998 (1998 No 76).
                                                • Section 131(5)(f): amended, on , by section 47 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 (2003 No 19).
                                                • Section 131(5)(g): inserted, on , by section 21 of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).