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April 1977

Page history last edited by PBworks 18 years ago

The Cinematograph Films Act 1976 comes into effect from the first of this month. Unfortunately, the associated regulations had not been issued at the time we went to press. In the following extracts from the Act (available from the Government Printer for 45c), we look at the new criteria to be taken into account by the censor:

 

24. Films to be submitted to Chief Censor before exhibition -

(1) Every film intended for exhibition in New Zealand shall, unless the Chief Censor otherwise agrees, be submitted to him for exemption or examination by him in accordance with the provisions of this Part of this Act by the maker, renter, or owner of the film or, if there is no maker, renter, or owner of the film in New Zealand, by the person in possession of the film and proposing to exhibit it...

 

(6) No person shall exhibit any film unless it has been either exempted from examination and approved for exhibition by the Chief Censor under section 25 of this Act or approved for exhibition and classified by him under section 28 or 29 of this Act.

 

25. Chief Censor may exempt films from examination -

(1) The Chief Censor may exempt any film from the requirement of examination, and may approve it for exhibition without first examining it, if it is, in his opinion, of a class that is for the time being eligible for exemption by virtue of regulations made under this Act...

 

26. Examination of films by Chief Censor -

(1) Where any film is submitted to the Chief Censor for examination by him for the purposes of this Part of this Act the Chief Censor shall, unless he exempts the film from examination under section 25 of this Act, as soon as practicable, examine the film to determine whether the film is or is not likely to be injurious to the public good.

 

(2) In determining whether any film is or is not likely to be injurious to the public good the Chief Censor shall consider the following matters:

(a) The dominant effect of the film as a whole, and its likely

effect on the audience likely to view the film:

(b) The extent to which the film has artistic merit, or is of

value or importance for social, cultural, or other reasons:

(c) The extent and degree to which and the manner in which the

film depicts, includes, or treats anti-social behaviour,

cruelty, violence, crime, horror, sex, or indecent or offensive

language or behaviour:

(d) The extent and degree to which the film denigrates any

particular class of the general public by reference to the

colour, race, or ethnic or national origins, the sex, or the

religious beliefs of the members of that class:

(e) Any other relevant circumstances relating to the proposed

exhibition of the film, including the places and times at which

or the occasions on which the film is intended or is likely

to be exhibited.

 

(3) Without limiting subsection (2) of this section, in any case where the Chief Censor is requested to approve any film for exhibition by an approved film society only, he may have regard to the nature of the audience likely to view the film in determining under this section whether the exhibition of the film is or is not likely to be injurious to the public good.

 

(4) Without limiting subsection (2) of this section, in any case where the Chief Censor is requested to approve any film for exhibition at any film festival only, he may, if he is satisfied that the overall effect of the film festival will be to demonstrate technical, artistic, social, or cultural aspects of film-making and that the film in question forms a proper part of the festival, have regard to the fact that the film is intended to be exhibited only at a film festival in determining under this section whether the exhibition of the film is or is not likely to be injurious to the public good.

 

(5) In addition to the matters referred to in subsection (2) of this section, in determining whether the exhibition of any film is or is not likely to be injurious to the public good the Chief Censor may have regard to the number of films of a similar nature previously approved for exhibition under this Act or the Cinematograph Films Act 1961 or likely to be submitted to him for approval for exhibition under this Act, and the likely cumulative effect of the exhibition of the film being examined and those other films on the audience likely to view and to have viewed some or all of those other films.

 

(6) In the case of a film that is intended to be exhibited with an accompanying sound track, whether or not the sound track is an integral part of the film, the Chief Censor, in examining the film, shall also take into consideration the content of tne sound track and its relationship to the film...

 

28. Approval and classification of films by Chief Censor -

(1) After examining a film for the purposes of this Part of this Act, the Chief Censor shall either approve the film for exhibition and classify it in accordance with the succeeding provisions of this section, or refuse to approve the film for exhibition.

 

(2) If, having taken into consideration the matters referred to in section 26 of this Act, the Chief Censor is of opinion that the film is not likely to be injurious to the public good he shall approve the film for exhibition and classify it as either -

(a) Approved for general exhibition to the public; or

(b) Approved for exhibition to a specified class or description of persons only (being persons of or over the age of three years), or for a specified purpose only, or on one or more specified occasions only.

 

(3) If, having taken into consideration the matters referred to in section 26 of this Act, the Chief Censor is of the opinion that the exhibition of the film is likely to be injurious to the public good he shall refuse to approve the film for exhibition.

 

(4) Notwithstanding any of the foregoing provisions of this section, if, having taken into consideration the matters referred to in section 26 of this Act, the Chief Censor is of opinion that, because of a specified part or specified parts of the film -

(a) The exhibition of the film is likely to be injurious to the public good; or

(b) He is unable to give the film an appropiate classification, he may, instead of approving the film for exhibition and classifying it under this section, deal with the matter under section 29 of this Act...

 

29. Excisions from and alterations to films -

(1) In any case to which section 28 (4) of this Act applies the Chief Censor may give written notice to the person who submitted the film to him specifying the part or parts of the film requiring excision or alteration, and stating the classification that he would be prepared to give the film if each such excision or alteration were made, and the recommendation or description that he would specify in respect of the film under section 28 (5) of this Act.

 

(2) In any case to which subsection (1) of this section applies the Chief Censor shall, on request by the person who submitted the film to him, make each of the required excisions or alterations, and approve the film for exhibition and classify it accordingly.

 

(3) If, in any case to which subsection (1) of this section applies, the person who submitted the film does not consent to any such excision or alteration the Chief Censor shall finally determine whether to approve the film for exhibition and, if so, what classification to give the film, and what recommendation or description (if any) to specify in respect of the film, on the basis that that excision or alteration will not be made...

 

100. Approval of Film Societies - (1) The Minister may from time to time for the purposes of this Act approve as a film society any cultural association or body -

(a) The primary purpose of which is the exhibition of films to its members otherwise than for financial gain; and

(b) The membership of which is by subscription, and limited to persons who have attained the age of 18 years; and

(c) That is affiliated to the New Zealand Federation of Film Societies.

 

- Sequence, April 1977.

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