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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.
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