Films, Videos, and Publications Classification Act 1993

Offences - Miscellaneous provisions

141: Relief from contracts

You could also call this:

"Getting out of a contract if a publication is against the law"

Illustration for Films, Videos, and Publications Classification Act 1993

You are not liable for breaking a contract if you reject a publication or refuse to accept it. This is because you believe having the publication could make you guilty of an offence against the Films, Videos, and Publications Classification Act 1993. You must tell the person who gave you the publication that you are rejecting it and why, in writing, as soon as you can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314187.

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Part 8Offences
Miscellaneous provisions

141Relief from contracts

  1. Notwithstanding anything in any contract, whether entered into before or after the commencement of this section, no person shall be liable for breach of contract by reason only of that person rejecting any publication delivered to that person or of that person refusing to accept delivery of, or deal in, any publication in any case where—

  2. that person reasonably and in good faith believes that that person's acceptance of delivery of, or that person's possession of or dealing in, that publication may render that person guilty of an offence against this Act; and
    1. that person gives to the person from whom that person received or is to receive delivery of that publication notice in writing of that person's rejection or refusal of the publication, and of the reason for that rejection or refusal, as soon as practicable after that person becomes aware of the nature of the publication in question.
      Compare
      • 1963 No 22 s 26
      • 1987 No 85 s 59