Films, Videos, and Publications Classification Act 1993

Classification of publications - Interim classification assessments

22A: Interim classification assessments by Classification Office

You could also call this:

"The Classification Office can quickly decide if a publication is objectionable in urgent cases."

Illustration for Films, Videos, and Publications Classification Act 1993

You can submit a publication to the Classification Office for classification under section 13. The Classification Office can make an interim classification assessment if they think the publication is likely to be objectionable. They can only do this if the Chief Censor believes there is an urgent need to notify the public. The Classification Office can make this assessment based on the information they have. The Chief Censor can decide how and when people can make submissions about the publication. The interim assessment does not affect the later examination and classification of the publication under section 23. The Classification Office follows certain rules when making an interim assessment, including sections 14, 14A, and others. These rules help the Classification Office make a fair decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS637449.

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22: No right to be heard, or

"You don't get to speak at a hearing for some Classification Office decisions."

22B: Notice, registration, and effect of interim classification assessments, or

"What happens when a publication gets a temporary classification"

Part 3Classification of publications
Interim classification assessments

22AInterim classification assessments by Classification Office

This section applies to a publication submitted to the Classification Office for classification under section 13.
The Classification Office may make an interim classification assessment that the publication is likely to be objectionable.
The Classification Office may do so only if the Chief Censor believes that there is an urgent need to notify the public that the content of the publication is likely to be objectionable.
The following sections apply to the making of an interim assessment:
sections 14, 14A, 15, 17 to 19, 21, and 22; and
section 20, as modified by subsection (5).

The Chief Censor may determine that submissions by the persons listed in section 20(1) must be made in a manner and within a time that the Chief Censor specifies after taking into account what is reasonable in the circumstances, including the need for urgency in dealing with the matter.
The Classification Office may make an interim assessment on the basis of the information that is readily available to it if the Chief Censor considers it is reasonable in the circumstances, including the need for urgency in dealing with the matter.
The making of an interim assessment is not a relevant consideration for the purpose of, and does not affect, the later examination and classification of the same publication under section 23.

Notes

Section 22A: inserted, on 1 February 2022, by section 9 of the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 (2021 No 43).