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Films, Videos, and Publications Classification Act 1993

Transitional provisions - Video Recordings Act 1987

161: Classification decisions under Video Recordings Act 1987

You could also call this:

"How videos are classified under the old video law"

Illustration for Films, Videos, and Publications Classification Act 1993

You make decisions about video recordings under the Video Recordings Act 1987. These decisions are about what kind of content is in the video. The Authority or the Video Recordings Board of Review make these decisions. You treat these decisions as if they were made under the Films, Videos, and Publications Classification Act 1993. This means they are like decisions made by the Classification Office. You make this change for certain parts of the Act, like sections 41 and 42. If a video is not indecent, you treat it as unrestricted. If it is restricted, you give it a classification according to the regulations. If it is indecent, you treat it as objectionable. You also add these decisions to a register, as stated in section 39. When you apply sections 41 and 42, you read them as if the words 'entered in the register' were replaced with 'made'. If someone wants to review a decision, they can apply under section 47 within 30 working days. But you cannot apply to review a decision that has already been made, unless it is within the 30-day time frame. You do not have the right to lodge an application to review a decision if the 30-day period has expired. However, you can apply under section 47 to have the video recording reviewed by the Board.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314448.

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Part 10Transitional provisions
Video Recordings Act 1987

161Classification decisions under Video Recordings Act 1987

  1. This section applies to every decision made under the Video Recordings Act 1987 by the Authority or the Video Recordings Board of Review in respect of any video recording and that, immediately before the commencement of this section, is (subject to sections 29(2), 30, 36, and 41 of that Act) conclusive evidence in any proceedings of the classification or character of that video recording.

  2. Subject to this section and to sections 164 and 171, every decision to which this section applies shall be deemed for the purposes of sections 41 and 42 to be a decision made under section 23 by the Classification Office on the date of the making of that decision under the Video Recordings Act 1987.

  3. For the purposes of subsection (2), a decision to which this section applies shall,—

  4. if the decision is that a video recording is not indecent, be deemed to be a decision that the video recording is unrestricted:
    1. if the decision is that a video recording is a restricted video recording within the meaning of the Video Recordings Act 1987, be deemed to be a decision that the video recording is a restricted video recording under this Act, with such classification as is determined in accordance with regulations made under this Act:
      1. if the decision is that a video recording is indecent, be deemed to be a decision that the video recording is objectionable.

        1. For the purposes of section 39, every decision to which this section applies shall be deemed to have been entered in, and to form part of, the register.

        2. For the purposes of the application of sections 41 and 42 to any decision to which this section applies, sections 41(2), 42(1), and 42(2) shall be read as if, for the words entered in the register as they appear in each of those provisions, there were substituted in each case the word made.

        3. Subject to section 164, where, in respect of a decision to which this section applies (being a decision of the Authority), the period of 30 days prescribed by section 37(1)(b) of the Video Recordings Act 1987 within which an application may be made under section 36 of that Act to the Video Recordings Board of Review in respect of the video recording has not, at the date of the commencement of this section, expired, and no such application has been lodged before that date,—

        4. there shall be no right to lodge an application under that section in respect of that video recording; but
          1. any person who would have been entitled to lodge an application under that section in respect of that video recording may, within 30 working days after that date, apply under section 47 to have the video recording to which the decision relates reviewed by the Board, and the provisions of this Act shall apply accordingly with all necessary modifications.

            1. Notwithstanding that a decision to which this section applies is deemed to be a decision of the Classification Office, but subject to subsection (6), nothing in subsection (2) shall be construed so as to entitle any person to make an application under section 47 in relation to the video recording to which the decision relates.

            Notes
            • Section 161(5): amended, on , by section 25 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).