Films, Videos, and Publications Classification Act 1993
094
Commenced: 26 Aug 1993
I: Preliminary Provisions
2
Interpretation
PART I
PRELIMINARY PROVISIONS
2. Interpretation---In this Act, unless the context otherwise
requires,---
``Advertising poster'' means any poster, placard, photograph, or
other printed pictorial matter that is intended for use in the
advertising of any publication (other than a film) to the
public; and includes a miniature representation of the whole or
part of any such poster; and also includes any enlarged
representation of the whole or any part of any such poster:
``Authorised distributor'', in relation to a publication, means---
(a) The person who appears to the Classification Office to be
lawfully entitled to distribute the publication in New Zealand;
or
(b) Where there is no such person, the owner of the
publication:
``Board of Review'' or ``Board'' means the Film and Literature Board
of Review established by section 91 of this Act:
``Book''---
(a) Means any book, magazine, or periodical, whether in
manuscript or final form; but
(b) Does not include a newspaper published at intervals of
less than one month:
``Broadcasting'' has the same meaning as in section 2 of the
Broadcasting Act 1989:
``Cassette'', in relation to a video recording, means any case in
which the video recording is kept and from which the video
recording need not be removed in order for the video recording
to be viewed:
``Chief Censor'' means the Chief Censor of Film and Literature
appointed under section 80 (1) of this Act:
``Classification'' means the classification given to a publication
under section 23 or section 55 or section 56 of this Act:
``Classification Office'' means the Office of Film and Literature
Classification established under section 76 of this Act:
``Classification officer'' means a person appointed as a
classification officer pursuant to section 80 (2) of this Act:
``Complaints officer'' means a person designated under clause 3 of
the First Schedule to this Act as a complaints officer:
``Deputy Chief Censor'' means the Deputy Chief Censor of Film and
Literature appointed under section 80 (1) of this Act:
``Description'' means the description of the contents of a film
assigned to it under this Act:
``Display case'', in relation to a video recording, means any case
or other container (other than a case or container that is not
intended to be displayed to the public)---
(a) In which the video recording is kept, or that is
displayed, in any premises in which video recordings are
supplied or offered for supply, to indicate that the video
recording is available for supply; and
(b) That shows the title of that video recording; and
(c) That must be removed before the video recording can be
viewed:
``Exhibit'', in relation to a sound recording, means to play that
sound recording:
``Exhibit to the public'', in relation to a film,---
(a) Means to screen or arrange or organise the screening of,
or to assist any other person to screen or arrange or organise
the screening of, the film---
(i) To the public, or any section of the public; or
(ii) To any group or class of persons otherwise than in a
private residence,---
whether or not a charge is made for admission to the premises in which
the exhibition is held; but
(b) Does not include the broadcasting of the film;---
and ``public exhibition'' has a corresponding meaning:
``Film'' means a cinematograph film, a video recording, and any
other material record of visual moving images that is capable of
being used for the subsequent display of those images; and
includes any part of any film, and any copy or part of a copy of
the whole or any part of a film:
``Film poster'' means any poster, placard, video slick, photograph,
or other printed pictorial matter that is intended for use in
the advertising or exhibition of any film to the public; and
includes a miniature representation of the whole or part of any
such poster; and also includes any enlarged representation of
the whole or any part of any such poster:
``Information Unit'' means the Information Unit established under
section 88 of this Act:
``Inspector'' means an Inspector of Publications holding office
under subsection (1) or subsection (2) of section 103 of this
Act; and includes a member of the Police:
``Interim restriction order'',---
(a) In Part IV of this Act, means an order made under section
49 of this Act:
(b) In Part V of this Act, means an order made under section
67 of this Act:
``Issue'', in relation to a serial publication, means a separately
published part of that publication:
``Label'' means a label issued in respect of a film under this Act:
``Labelling body'' means the body for the time being approved by the
Minister under section 72 of this Act:
``Minister'' means the Minister of Internal Affairs:
``Newspaper'' means any newspaper within the meaning of the
Newspapers and Printers Act 1955, or any periodical publication
that is published (whether in New Zealand or elsewhere) at
intervals not exceeding 40 days, or any copy of, or part of any
copy of, any newspaper as so defined; and every publication that
at any time accompanies and is distributed along with any
newspaper shall be deemed to form part of the newspaper:
``Objectionable'' has the meaning given to it in section 3 of this
Act:
``Package'' includes anything in which goods may be cased, covered,
enclosed, contained, or packed:
``Premises'' means any building, enclosure, ground, or open-air
space:
``Printed matter'' means any book, paper, pamphlet, periodical,
letterpress, print, picture, photograph, lithograph, or other
reproduction; but does not include---
(a) Any newspaper registered under the Newspapers and Printers
Act 1955; or
(b) Any printed matter of a purely official, religious,
social, professional, scholastic, commercial, business, or
trading character:
``Private residence'' means a place of residence of any person in
respect of which that person has the exclusive right of
occupation; and includes---
(a) Private rooms in any hotel, hostel, apartment building, or
boardinghouse; and
(b) Motel units, cabins, and baches; and
(c) Any other places of temporary residence,---
whether self-contained or not:
``Publication'' means---
(a) Any film, book, sound recording, picture, newspaper,
photograph, photographic negative, photographic plate, or
photographic slide:
(b) Any print or writing:
(c) Any paper or other thing---
(i) That has printed or impressed upon it, or otherwise
shown upon it, any word, statement, sign, or
representation; or
(ii) On which is recorded or stored any information that,
by the use of any computer or other electronic device,
is capable of being reproduced or shown as any word,
statement, sign, or representation:
``Public display'',---
(a) In relation to a publication, means the display of that
publication in a public place in circumstances that may
reasonably be taken to indicate that the publication is
available for supply:
(b) In relation to an advertising poster or a film poster,
means the display of the poster in a public place in
circumstances that may reasonably be taken to indicate that the
publication to which the poster relates is available for supply:
``Public place'' has the same meaning as in section 2 of the Summary
Offences Act 1981:
``Rating'' means the description of the audience for which a film is
suitable (as determined in accordance with regulations made
under this Act) assigned to a film under this Act:
``Register'' means the Register of Classification Decisions kept
under section 39 of this Act:
``Restricted publication'' means a publication that is classified
under section 23 (2) (c) of this Act:
``Search warrant'' means a warrant issued under section 109 of this
Act:
``Secretary'' means the Secretary for Internal Affairs:
``Serial publication''---
(a) Means---
(i) A magazine or periodical published at substantially
regular intervals:
(ii) Any printed publication divided into parts that are
published separately at intervals; but
(b) Does not include a newspaper published at intervals of
less than one month:
``Serial publication order'' means an order made under section 37
(1) of this Act:
``Supply'' means to sell, or deliver by way of hire, or offer for
sale or hire:
``Supply to the public'', in relation to a film,---
(a) Means supply by way of sale, hire, exchange, or loan, in
the course of any business; and includes sale, hire, exchange,
or loan by---
(i) Any public library; or
(ii) Any club or association, whether public or private,
and whether incorporated or unincorporated, that, as
part of its activities, makes films available to its
members; but
(b) Does not include any supply of any film to any person who
makes or distributes or supplies films, unless that person
intends to supply that film to the public or, in the case of a
club or association to which paragraph (a) (ii) of this
definition applies, to its members;---
and ``public supply'' has a corresponding meaning:
``Video game'' means any video recording that is designed for use
wholly or principally as a game:
``Video recording'' means any disc, magnetic tape, or solid state
recording device containing information by the use of which one
or more series of visual images may be produced electronically
and shown as a moving picture:
``Video slick'', in relation to a video recording, means any leaflet
or notice (whether with or without illustrations or photographs)
that contains information about the video recording and is
intended to be affixed to, or inserted inside any sleeve of, any
display case:
``Wholesale distributor'' means any person who imports for sale in
New Zealand otherwise than to the public any printed matter
published outside New Zealand:
``Working day'' means any day of the week other than---
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day,
Labour Day, the Sovereign's birthday, and Waitangi Day; and
(b) A day in the period commencing with the 25th day of
December in any year and ending with the 15th day of January in
the following year.