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Films, Videos, and Publications Classification Act 1993

Transitional provisions - Films Act 1983

168: Classification decisions under Films Act 1983

You could also call this:

"Old film classification decisions are now part of the new law"

Illustration for Films, Videos, and Publications Classification Act 1993

You need to know about decisions made under the Films Act 1983. These decisions were made by the Chief Censor or the Films Censorship Board of Review. They approved or refused to approve films for exhibition. You should understand that these decisions are now treated as if they were made under the Films, Videos, and Publications Classification Act 1993. This means they are deemed to be decisions made by the Classification Office. They are treated as if they were made on the date the original decision was made under the Films Act 1983. If a decision approved a film, it is deemed to have given the film a classification. If a decision refused to approve a film, it is deemed to have decided the film is objectionable. These decisions are part of the register, which is a record of all classification decisions. In some cases, you can apply to have a film reviewed by the Board. You can do this if you would have been able to apply under the Films Act 1983. You have 30 working days to make this application after the commencement of this section. Some decisions are not affected by this section. For example, decisions made by the Chief Censor under section 17 of the Films Act 1983 are not affected. You cannot make an application under section 47 to review a decision that is deemed to be a decision of the Classification Office, except in certain circumstances as outlined in subsection (6) and section 47. These circumstances are subject to sections 41 and 42, and section 39 and section 23.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314461.

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Part 10Transitional provisions
Films Act 1983

168Classification decisions under Films Act 1983

  1. This section applies to every decision made under the Films Act 1983 by the Chief Censor or the Films Censorship Board of Review approving a film for exhibition or refusing to approve a film for exhibition, where that decision is subsisting immediately before the commencement of this section.

  2. Subject to this section and to section 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 Films Act 1983.

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

  4. if the decision approves a film for exhibition, be deemed to be a decision according the film such classification as is determined in accordance with regulations made under this Act:
    1. if the decision refuses to approve a film for exhibition, be deemed to be a decision that the film 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. Where, in respect of a decision to which this section applies (being a decision of the Chief Censor), the period of 30 days prescribed by section 31(1)(a) of the Films Act 1983 within which an application may be made under section 30 of that Act to the Films Censorship Board of Review in respect of the film 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 film; but
        1. any person who would have been entitled to lodge an application under that section in respect of that film may, within 30 working days after that date, apply under section 47 to have the film 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 film to which the decision relates.

          2. Nothing in this section applies in respect of a decision of the Chief Censor under section 17 of the Films Act 1983.

          Notes
          • Section 168(5): amended, on , by section 26 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).