Films, Videos, and Publications Classification Act 1993

Take-down notices for objectionable online publications

119H: Enforcement of take-down notices

You could also call this:

"What happens if you don't follow a take-down notice"

Illustration for Films, Videos, and Publications Classification Act 1993

You can face enforcement proceedings in the District Court if you fail to comply with a take-down notice. The court will not decide if the take-down notice was correct or not. It will look at whether you had a good reason for not complying with the notice. You might have to give the Inspector information they ask for. The court can also order you to do something or pay costs under section 119I. This is what happens when the Inspector takes you to court for not following a take-down notice. The court has the power to make decisions about your case. It can look at whether you delayed complying with the notice for a good reason. You might have to pay costs or follow a remedy ordered by the court.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS637522.

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

Topics:

Crime and justice > Courts and legal helpGovernment and voting > Government departmentsBusiness > Industry rules

119G: No action to lie against online content host, or

"Protection for online content hosts who remove or block access to certain content"

119I: Remedies and costs, or

"What happens if someone breaks the rules about online content"

Part 7ATake-down notices for objectionable online publications

119HEnforcement of take-down notices

An Inspector may take enforcement proceedings in the District Court if an online content host fails or refuses to comply with a take-down notice within the required period.
In proceedings under this section, the court—
must not examine or make a determination about the issuing or merits of a take-down notice:
may determine whether the online content host had a reasonable justification for failing or refusing to comply with the notice within the required period or for any further delay after that period:
may permit the Inspector, by order of the court, to obtain discovery and administer interrogatories:
may order a remedy or costs under section 119I.

Notes

Section 119H: inserted, on 1 February 2022, by section 12 of the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 (2021 No 43).