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Films, Videos, and Publications Classification Act 1993

Offences - Miscellaneous provisions

136: Disposal and forfeiture following conviction

You could also call this:

"What happens to banned items if someone breaks the law"

Illustration for Films, Videos, and Publications Classification Act 1993

If you are found guilty of breaking the Films, Videos, and Publications Classification Act 1993, the court can order that the offending publication be destroyed. The court will wait 10 working days before destroying the publication, and it will be kept safe until then. You will have a chance to say what you think before the court makes a decision. If you are found guilty of making or copying an objectionable publication, the court can also order that any equipment or goods used to commit the offence be taken away from you. The Minister will decide what happens to these things, such as selling or destroying them. The court must listen to what you and any other affected person have to say before making a decision. In some cases, the court may decide that the publication should be given back to someone other than the person found guilty. The court will follow the rules set out in section 117 when making decisions about what happens to the publication.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314181.

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Part 8Offences
Miscellaneous provisions

136Disposal and forfeiture following conviction

  1. Where any person is convicted of an offence against this Act or against any regulations made under this Act, the convicting court may, if it is satisfied, after reference to the Classification Office if necessary, that any publication the subject of the prosecution is objectionable, order that the publication be destroyed at the expiration of 10 working days from the making of the order, and the publication shall in the meantime be impounded.

  2. It shall not be necessary to issue a summons under subsection (1) or subsection (2) of section 115 in respect of any publication that is the subject of an order made under subsection (1).

  3. On the conviction of any person of an offence against section 123 or section 124 involving the making or copying of an objectionable publication, the convicting court may, in addition to or instead of passing any other sentence or making any other order in respect of the offence, order that any equipment, goods, or other thing used in respect of the commission of the offence be forfeited to the Crown; and anything so forfeited shall be sold, destroyed, or otherwise disposed of as the Minister directs.

  4. Before making an order under subsection (1) or subsection (3), the court shall give—

  5. the person convicted; and
    1. any other person who, in the opinion of the court, would be directly affected by the making of the order—
        1. an opportunity to be heard.

      1. If the court is satisfied that the publication that was the subject of the prosecution should be restored to a person other than the person convicted it may so direct.

      2. Section 117 shall apply for the purposes of this section with such modifications as are necessary.

      Compare
      • 1963 No 22 s 25A
      • 1972 No 136 s 11
      • 1987 No 85 s 58
      • 1990 No 59 s 10