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Films, Videos, and Publications Classification Act 1993

Transitional provisions - Video Recordings Act 1987

164: Question of indecency arising in court proceedings

You could also call this:

"What happens when a court case involves something that might be indecent"

Illustration for Films, Videos, and Publications Classification Act 1993

You are dealing with a situation where a question about indecency comes up in court. This can happen with video recordings that were sent to the Authority or the Video Recordings Board of Review before this law started. It can also happen if a question about indecency comes up in court after this law starts. You need to follow the rules from the Video Recordings Act 1987 to deal with the situation. This includes following the rules in Parts 3 and 4 of that Act. If a classification has been given to the video recording under this Act, then section 161 will apply to the decision. There is an exception to this rule. If the Authority's decision is superseded by a decision of the Video Recordings Board of Review, then section 161 will not apply. This is in accordance with section 38(10) of the Video Recordings Act 1987.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314452.

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Topics:
Crime and justice > Courts and legal help
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163: Proceedings pending before Authority or Board of Review, or

"What happens to videos already being checked by the Authority or Board of Review"

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Part 10Transitional provisions
Video Recordings Act 1987

164Question of indecency arising in court proceedings

  1. Notwithstanding anything in sections 161 to 163, this section applies in the following cases:

  2. where, before the commencement of this section, a video recording has been referred to the Authority under section 20 or section 29(3) of the Video Recordings Act 1987, and, at the commencement of this section,—
    1. those proceedings are pending before the Authority; or
      1. the Authority has made a decision in those proceedings but 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 expired, and no such application has been lodged; or
        1. an application under section 36 of that Act in respect of that video recording is pending:
        2. where, before the commencement of this section, a video recording has been referred to the Video Recordings Board of Review under section 29(3) of the Video Recordings Act 1987, and, at the commencement of this section, those proceedings are pending before that Board:
          1. where, before the date of the commencement of this section, the question referred to in subsection (1) of section 20 of the Video Recordings Act 1987 has arisen in any civil or criminal proceedings and, by virtue of that section, that question would, before that date, have been required to be referred to the Authority for decision but has not been so referred before that date:
            1. where, on or after the date of the commencement of this section, the question referred to in subsection (1) of section 20 of the Video Recordings Act 1987 arises in any civil or criminal proceedings (including proceedings for an offence against that Act or proceedings under the Customs Act 1966) and, by virtue of that section, that question would, before that date, have been required to be referred to the Authority for decision.

              1. Where this section applies, the following provisions shall apply:

              2. the provisions of the Video Recordings Act 1987 (including Parts 3 and 4) shall continue and be in force for the purposes of dealing with the matter, as if this Act had not been passed:
                1. except where a classification has been given to the video recording under this Act, section 161 shall apply in respect of the decision of the Authority or, as the case may be, the Video Recordings Board of Review on the matter as if it were a decision to which that section applied.

                  1. Nothing in subsection (2)(b) shall apply in respect of a decision of the Authority in any case where that decision is superseded by a decision of the Video Recordings Board of Review in accordance with section 38(10) of the Video Recordings Act 1987.