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Films, Videos, and Publications Classification Act 1993

Miscellaneous provisions - Consequential amendments, repeals, and revocation

150A: Amendment of Schedule 4 by Order in Council

You could also call this:

"The Governor-General can change Schedule 4 by adding or removing names to reduce harm to viewers."

Illustration for Films, Videos, and Publications Classification Act 1993

The Governor-General can change Schedule 4 by adding or deleting a person's name. You need to know that the Minister must recommend this change. The Minister must talk to the Chief Censor before making a recommendation. The Minister can only recommend adding a person's name if they think it will reduce harm to viewers. They must consider things like how many people use the person's services and the type of content they provide. The Minister can also think about other factors they consider relevant. If the Minister wants to delete a person's name, they must think it will not increase harm to viewers. They must also consider the same things as when adding a person's name. An order to add a person's name cannot come into force until 3 months after it is published. You can find more information about publication requirements in Part 3 of the Legislation Act 2019, which you can read by following the link to Part 3 of the Legislation Act 2019. An order made under this section is secondary legislation. The Minister must follow certain rules when making these orders.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS408239.

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Part 9Miscellaneous provisions
Consequential amendments, repeals, and revocation

150AAmendment of Schedule 4 by Order in Council

  1. The Governor-General, by Order in Council made on the recommendation of the Minister, may amend Schedule 4 by—

  2. adding the name of any person; or
    1. deleting the name of any person.

      1. The Minister must not recommend that an order be made under subsection (1)(a) unless—

      2. the Minister has consulted the Chief Censor on the proposal that the order be made; and
        1. the Minister is satisfied, on reasonable grounds, that adding the name of the person will reduce the risk of harm to viewers of commercial video on-demand content.

          1. The Minister must not recommend that an order be made under subsection (1)(b) unless—

          2. the Minister has consulted the Chief Censor on the proposal that the order be made; and
            1. the Minister is satisfied, on reasonable grounds, that deleting the name of the person will not materially increase the risk of harm to viewers of commercial video on-demand content.

              1. For the purposes of subsections (2)(b) and (3)(b), the Minister—

              2. must consider—
                1. available evidence of the current or likely extent of public subscriptions to, or use of, commercial video on-demand services and products provided by the person; and
                  1. available evidence of the nature of the commercial video on-demand content made available, or intended to be made available, by the person and the potential of that content to cause harm; and
                    1. available evidence of the person’s commitment to a classification framework recognised in New Zealand as being effective in ensuring that persons in New Zealand who are likely to be harmed by viewing the commercial video on-demand content are warned of the nature of that content by means of clear and consistent labelling; and
                    2. may consider any other factors that the Minister thinks relevant.

                      1. An order under subsection (1)(a) must not come into force earlier than 3 months after the date on which it is published.

                      2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                      Notes
                      • Section 150A: inserted, on , by section 8 of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).
                      • Section 150A(6): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).