The Department of Internal Affairs

Te Tari Taiwhenua | Department of Internal Affairs

Building a safe, prosperous and respected nation



 

Agency › The Film and Literature Board of Review

Overview

The Film and Literature Board of Review is the body that reviews publications that have been classified by the Office of Film and Literature Classification.

It is an independent body carrying out quasi-judicial functions. Anyone seeking a review of a publication must do so within the statutory timeframe from when the decision has been registered in the Register of Classification Decisions.

The Department of Internal Affairs is responsible for providing administrative and support services to the Board.

The nine members of the Board are appointed by the Governor General on the recommendation of the Minister of Internal Affairs, acting with the concurrence of the Minister of Women’s Affairs and the Minister of Justice. One member of the Board is appointed as President.

As a body carrying out quasi-judicial functions, the Board does not comment on its decisions or its decision-making process.

Media inquiries can be directed to +64 27 535 8639 or emailed to media@dia.govt.nz

To inquire about the Board please contact the Board administrator at FilmandLitBoardofReview@dia.govt.nz

Functions of the Board of Review

The function of the Film and Literature Board of Review is set out in section 92 of the Films, Videos, and Publications Classification Act 1993.

The Board conducts any review of a publication as a re-examination without regard to the decision of the Classification Office.

A 'publication' includes, but is not limited to, any film, video recording, DVD, CD Rom, disc, electronic or computer file, book, magazine, newspaper, photograph or sound recording. For a full definition of publication please refer to Part 1 of the Films, Videos and Publications Classification Act 1993

The President of the Board also has the power, under the Films, Videos, and Publications Classification Act, to make a decision on any application for an interim restriction order in respect of any publication referred or submitted to the Board.

The purpose of an interim restriction order is to prevent a publication being made available to the public prior to the Board issuing its decision.

Applying for a Review

The Secretary of Internal Affairs, the Chief Executive of the New Zealand Customs Service, the Film and Video Labelling Body, the owner, maker, publisher or authorised distributor of the publication, and any party to a court proceeding where the publication has been referred by a court, may apply for a review directly.

Applications from the above parties must be made within 30 working days from when the decision was registered.

In addition, the Secretary for Internal Affairs may grant leave to any other person to apply to the Board for review of any publication.

Applications for leave must be lodged within 20 working days of the date of registration of the decision. Once leave is granted the applicant has 5 working days from the date leave is granted, or 30 working days from when the decision was registered, whichever date is the later, to submit their request to the Film and Literature Board of Review.

Dependent on the type of publication to be reviewed, applications to the Board incur a fee of between $664.44 and $1124.44. If the criteria set out in section 5 of the Films, Videos and Publications (Fees) Regulation 1994 is met, a reduced fee of $204.44 can be applied for.

From receipt of application the review process takes approximately 6-12 weeks dependent on several factors, including but not limited the material being reviewed and the availability of the Board.

Decisions of the Board of Review are public documents and are published on this website.

To enquire about applying for a review please contact the Board administrator at: FilmandLitBoardofReview@dia.govt.nz

Decisions of the Secretary for Internal Affairs on Granting Leave

Decisions of the Board of Review

Decisions are formal legal documents of a semi-judicial body. For this reason, they must be made available in full.

They do not contain images or examples of pornography. However, descriptions of the material being assessed the Board may need to use language used in the material or need to describe some images in general terms.

It may not be appropriate for young people to access this material without adult guidance.

Due to this a log in is required to access the decision. To be given a username and password please contact webmaster@dia.govt.nz. Please provide your name, phone contact details and confirm you are over 18 years old. Log-in and password details will be supplied as soon as possible, usually the next working day after the request is received.

Appealing a Decision of the Board of Review

An appeal against a decision of the Film and Literature Board of Review may be made to the High Court. The scope of any such appeal is limited to consideration of points of law.

If the High Court allows the appeal, the Court will refer the publication back to the Board for reconsideration. If the High Court dismisses the appeal, the appellant may appeal to the Court of Appeal on points of law. The Court of Appeal may allow the appeal, in which case the Court will refer the publication back to the Board for reconsideration. If the Court of Appeal dismisses the appeal, the matter is at an end.

Once the Board has reconsidered a publication sent back to it by a Court and made its decision, that decision may in turn again be appealed to the High Court. The process outlined above will then again come into effect until the matter is at an end.

For further information on appeals please refer to Part 5 of the Films, Videos and Publications Classification Act 1993.