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Films, Videos, and Publications Classification Act 1993
Labelling requirements for specified CVoD providers’ commercial video on-demand content
46B: Extraterritorial application to specified CVoD providers

Part 1:
Preliminary provisions

2Interpretation 3Meaning of objectionable 3APublication may be age-restricted if it contains highly offensive language likely to cause serious harm 3BPublication may be age-restricted if likely to be injurious to public good for specified reasons 3CProcedure for classification under sections 3A and 3B 3DHow sections 3A and 3B relate to sections 3 and 23(2)(c)4Classification of publications a matter of expert judgment 4AAApplication of Harmful Digital Communications Act 2015 4ATransitional, savings, and related provisions 5Act to bind the Crown

Part 2:
Labelling of films

Labelling requirements

6Films to be labelled 7Trade screenings 8Films exempt from labelling requirements

Issue of labels

9Applications for issue of label 10Issue of labels 11Rating and description applicable to copies 11AClassification Office must provide film database

Part 3:
Classification of publications

Part 3A:
Labelling requirements for specified CVoD providers’ commercial video on-demand content

46APurpose of Part 46BExtraterritorial application to specified CVoD providers 46CDuty to label commercial video on-demand content 46DContent previously labelled or classified 46EContent not previously labelled or classified 46FHow ratings and descriptions must be determined 46GApproval of providers’ self-rating systems 46HChief Censor must annually review approved self-rating systems 46ISuspension and cancellation of approvals 46JComplaints process

Part 4:
Review of classification decisions

Applications for review

47Right of review 48Applications for review 48ADeadline for lodging applications for review

Interim restrictions on review

49Interim restriction orders on review 50Notification of interim restriction order 51Duration and revocation of interim restriction order

Conduct of reviews

52Conduct of reviews 53Procedure 54Consultation 55Decision of Board 56Reconsideration of decisions referred under section 41(3)57Board may state case for High Court

Part 5:
Appeals

Appeal to High Court

58Appeal against decision of Board on question of law 59Notice of appeal 60Court may dispense with service 61Right of other parties to appear and be heard on appeal 62Appeal in respect of additional points of law 63Orders relating to determination of appeals 64Dismissal of appeal 65Extension of time 66Date of hearing

Interim restrictions on appeal

67Interim restriction orders on appeal 68Notification of interim restriction order 69Duration and revocation of interim restriction order

Appeal to Court of Appeal

70Appeal against decision of High Court

Part 6:
Bodies

Labelling body

71Functions of labelling body 72Approval of labelling body 73Application for approval as labelling body 74Community representatives 75Revocation of approval

Office of Film and Literature Classification

76Office of Film and Literature Classification 77Functions of Classification Office 78Powers of Classification Office 79Membership of Classification Office 80Appointments to Classification Office 81Term of office 82Continuation in office after term expires 83Vacation of office as chairperson and deputy chairperson 84Holding of other offices 85Administration of Classification Office 86Exercise of powers by Deputy Chief Censor 87Chief Censor may delegate powers 88Information Unit 89Annual report 90Further provisions relating to Classification Office

Film and Literature Board of Review

91Film and Literature Board of Review 92Function 93Membership 94Term of office 95Continuation in office after term expires 96Extraordinary vacancies 97Appointment of deputies 98Application of certain Acts to members 99Fees and travelling allowances 100Meetings of Board 101Board may sit in divisions 102Provision of administrative services to Board

Inspectors of Publications

103Inspectors of Publications 104Inspectors who are not public servants 105Authority to act as Inspector

Part 7:
Search and seizure

106Powers of Inspectors 107Inspector may seize publications 108Seizure of objectionable publications 109Search warrants for offences against specified sections (other than sections 126 and 131A)109ASearch warrants from District Court Judges for offences against sections 126 and 131A 109BSearch warrants from Registrars, etc, for offences against section 126 or section 131A 109CWho may apply for search warrants 110Application of Part 4 of Search and Surveillance Act 2012 111Powers conferred by warrant 111APower to stop vehicles 112Person executing warrant to produce evidence of authority 113Notice of execution of warrant 114Custody of property seized 115Summons to be issued 116Disposal of publications seized 117Appeal against order for destruction 118Disposal of things seized 118AApplication of Customs and Excise Act 2018 119No action to lie

Part 7A:
Take-down notices for objectionable online publications

119ADefinitions for Part 7A 119BApplication of Part and regulations 119CIssue of take-down notices 119DContents of take-down notices 119EOnline content host must comply with take-down notice 119FNo action to lie against officials 119GNo action to lie against online content host 119HEnforcement of take-down notices 119IRemedies and costs 119JReview of take-down notices 119KReporting

Part 8:
Offences

Offences relating to labelling

120Non-compliance with labelling requirements 121Unlawful issue of labels

Offences involving objectionable or restricted publications

122Meaning of distribute in sections 123 to 132 122ADefinitions for section 122 123Offences of strict liability relating to objectionable publications 124Offences involving knowledge in relation to objectionable publications 124AWhere distribution, importation, etc, not an offence 125Offences of strict liability involving restricted publications 126Offences involving knowledge in relation to restricted publications 127Exhibition to persons under 18 128Circumstances when exhibition or display not an offence 129Offences in public place 130Breach of conditions on display of restricted publications 131Offence to possess objectionable publication 131AOffences relating to possession of objectionable publications and involving knowledge 132Exhibiting parts of a publication 132AAggravating factor to be taken into account in sentencing, etc, for certain publications offences 132BPresumption of imprisonment for repeat offenders

Offence to livestream objectionable content or share objectionable livestreamed content

132COffence to livestream objectionable content or share objectionable livestreamed content

Miscellaneous offences

133Contravention of serial publication order 133AContravention of interim restriction order 134Obstruction of Inspector 135Failure to surrender warrant

Miscellaneous provisions

136Disposal and forfeiture following conviction 137No action to lie 138Liability of employers and principals 139Directors and officers of bodies corporate 140Evidence of publication, etc 141Relief from contracts 141AOffences punishable on conviction on indictment 142Offences punishable on summary conviction 143Time for filing charging document 144Attorney-General's consent required for private prosecutions of certain publications offences 145Delegation of powers by Commissioner of Police 145AExtraterritorial jurisdiction for certain offences as required by Optional Protocol 145BAttorney-General's consent required where jurisdiction claimed under section 145A 145COffences deemed to be included in extradition treaties

Part 9:
Miscellaneous provisions

General

146Classification Office may require soundtrack to be translated into English 147Printed matter to be marked with name and address of publisher or wholesale distributor 148Fees charged by Classification Office to be reasonable

Regulations

149Regulations

Levy on specified CVoD providers

149APayment of annual levy by specified CVoD provider 149BLevy regulations 149CDispute does not suspend obligation to pay levy 149DApproval may be suspended until debt paid

Status and recovery of fees or levy

149EStatus and recovery of fees or levy

Consequential amendments, repeals, and revocation

150Consequential amendments, repeals, and revocation 150AAmendment of Schedule 4 by Order in Council

Part 10:
Transitional provisions

Indecent Publications Act 1963

151Interpretation 152Decisions under Indecent Publications Act 1963 153Proceedings pending or in train before Indecent Publications Tribunal 154Proceedings pending or in train before High Court 155Question of indecency arising in court proceedings 156Alteration of appeal period 157Interim restriction orders to lapse 158Restriction orders deemed to be serial publication orders 159Exemptions

Video Recordings Act 1987

160Interpretation 161Classification decisions under Video Recordings Act 1987 162Videos before labelling body 163Proceedings pending before Authority or Board of Review 164Question of indecency arising in court proceedings 165Proceedings before High Court or Court of Appeal 166Exemptions

Films Act 1983

167Interpretation 168Classification decisions under Films Act 1983 169Proceedings pending before Chief Censor or Board of Review 170Proceedings before High Court or Court of Appeal

Dual censorship decisions

171Dual censorship decisions

Miscellaneous provisions

172Vacation of office of existing office-holders 173Existing Inspectors deemed to be Inspectors 174Restrictions on redundancy and other entitlements 175Part to apply in respect of subsisting decisions under previous Films Acts

Regulations

176Regulations relating to transitional matters 177Expiry of section 176

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Provisions applying in respect of Classification Office

Schedule 2:
Enactments amended

Schedule 3:
Enactments repealed

Schedule 4:
Specified CVoD providers

Summary of changes

Films, Videos, and Publications Classification Act 1993

Labelling requirements for specified CVoD providers’ commercial video on-demand content

46B: Extraterritorial application to specified CVoD providers

You could also call this:

"This law applies to video content from providers outside New Zealand too."

Illustration for Films, Videos, and Publications Classification Act 1993

This law applies to commercial video on-demand content available in New Zealand. You can access this content from a specified CVoD provider, no matter where they are based. The law applies even if the provider is not from New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS528797.

This page was last updated on 8 December 2025 — View changes

Topics:

Business > Industry rulesMoney and consumer rights > Consumer protection

46A: Purpose of Part, or

"Keeping you safe when watching videos on demand"

46C: Duty to label commercial video on-demand content, or

"Label videos you sell or rent online in New Zealand with their rating."

Part 3ALabelling requirements for specified CVoD providers’ commercial video on-demand content

46BExtraterritorial application to specified CVoD providers

This Act, and any regulations made under it, apply in respect of commercial video on-demand content that is made available in New Zealand by a specified CVoD provider, regardless of whether the provider is resident or incorporated in New Zealand or outside New Zealand.

Notes

Section 46B: inserted, on 1 August 2021, by section 7 of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).