There is hereby constituted for the purposes of this Act a board, to be called the Film Trade Board.

The Board shall consist of—

The powers of the Board shall not be affected by any vacancy in its membership.

Subject to subsection (2) of this section, every member of the Board shall hold office for a term of 3 years, and may from time to time be reappointed.

Unless he sooner vacates his office under section 7 of this Act, every member of the Board shall continue in office until his successor is appointed, notwithstanding that his term of office may have expired.

A member of the Board may at any time resign his office by notice in writing to the Minister.

A member may at any time be removed from office by the Minister for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister.

If a member dies, resigns, or is removed from office, the vacancy thereby created shall be deemed to be an extraordinary vacancy.

An extraordinary vacancy shall be filled in the same manner as the appointment of the member vacating office:

Provided that the person appointed to fill an extraordinary vacancy shall hold office only for the balance of the term for which the member vacating the office was appointed.

If any member of the Board (other than the Chairman or the other member appointed pursuant to section 5(2)(a) of this Act) is unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board he may, by notice in writing delivered to the Secretary of the Board at least 1 day before the meeting, appoint a deputy to attend the meeting on his behalf.

A duly appointed deputy shall be deemed for the purposes of the meeting to be a member of the Board.

The Board shall hold at least 1 meeting in every year.

Subject to subsection (1) of this section, meetings of the Board shall be held at such times and places as the Board may from time to time appoint.

Notwithstanding subsection (2) of this section, the Chairman may at any time, and shall on the written request of any 3 members of the Board, call a meeting.

At all meetings of the Board 5 members shall constitute a quorum.

The Chairman shall preside at every meeting of the Board at which he is present.

If the Chairman is absent from any meeting the members present shall elect one of their number to be Deputy Chairman and preside at that meeting.

Every question before a meeting shall be decided by a majority of the votes of the members present at the meeting.

On every question before a meeting the Chairman or Deputy Chairman presiding shall have a deliberative vote, and in the event of an equality of votes he shall also have a casting vote.

A resolution in writing signed or assented to by letter or telegram by all the members of the Board for the time being in New Zealand shall be as valid and effective as if it had been passed at a meeting of the Board.

If, in respect of any question before the Board at any meeting, any member satisfies the Chairman that the determination of that question by the Board in any particular manner could cause undue hardship to any person or body represented by that member, the Chairman shall, if requested to do so by the member, direct that the question shall lie upon the table, without further discussion or deliberation, until the next meeting of the Board:

Provided that consideration of a particular question shall not be deferred under this subsection on more than one occasion.

Subject to the foregoing provisions of this section, the Board may regulate its own procedure.

The functions of the Board shall be—

The Board shall have all the powers and authorities reasonably necessary for the effective performance of its functions, including the power to expend money and to levy renters and exhibitors to meet costs incurred by it in performing its functions.

The Board may from time to time appoint a committee, comprising one person or such number of persons as it thinks fit, and may from time to time delegate to any such committee any of the functions and powers of the Board, other than the power to impose levies, and the power of delegation conferred by this subsection.

Any person may be appointed to be a member of any such committee, notwithstanding that he is not a member or officer of the Board.

Notwithstanding anything in subsection (1) or subsection (2) of this section, if the Board decides to appoint a committee to consider any matters relating to the training of employees of the film industry it shall provide for the equal representation of employers and employees in the industry on that committee.

The Board may from time to time delegate to any member or officer of the Board any of its functions and powers, other than the power to impose levies, and the power of delegation conferred by this subsection.

Subject to any instructions given in that behalf by the Board, the committee or person to whom any power is delegated under this section may exercise that power in the same manner and with the same effect as if it had been conferred on it or him directly by this Act.

Every committee or person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation, in the absence of proof to the contrary.

Any delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder for the time being of a specified office or appointment, or to the holders of offices or appointments of a specified class.

Any delegation made under this section may be revoked at any time.

No delegation of any power under this section shall prevent the exercise of that power by the Board.

Any delegation under this section shall, until revoked, continue in force according to its tenor. In the event of the holder of a specified office to whom any such delegation has been made ceasing to hold office the delegation shall continue to have effect as if made to the person for the time being holding that office.

The Board may from time to time appoint a Secretary to the Board, and such other officers as may be necessary or desirable for the purposes of this Part of this Act, and may pay to any such officer such remuneration as it may from time to time think fit.

The Board may pay to the members appointed under section 5(2)(a) of this Act, and to any member of any committee appointed by the Board (not being a member of the Board appointed under any of paragraphs (b) to (d) of section 5(2) of this Act), such remuneration by way of fees, travelling allowances, and expenses as it may from time to time determine.

Subject to subsection (1) of this section, the Board shall not pay any sum by way of remuneration to any member.

The Board shall from time to time open at any bank or banks, or at any branch or agency of any bank, such accounts (including imprest and subsidiary accounts) as it considers necessary or desirable for the conduct of its business.

All money received by any member or officer of the Board on behalf of the Board shall forthwith be paid by the member or officer—

Every account opened under subsection (1) of this section shall be operated upon by cheque or other instrument (not being a promissory note or bill) signed by—

No money shall be withdrawn from any bank account operated by the Board otherwise than pursuant to a resolution to that effect passed by the Board, or in accordance with any general or special directions in that behalf given by the Board.

In any financial year the Board may expend for purposes not authorised by this or any other Act any sum or sums not amounting in the aggregate to more than $100.

The Board shall keep full and correct accounts of all money received and expended by it.

The Board shall, as soon as practicable after the end of every financial year, cause its accounts for that financial year to be balanced, and cause to be prepared a statement of the assets and liabilities of the Board as at the end of that financial year, together with an account of income and expenditure showing the financial transactions of the Board for that financial year.

The balance sheet, statement, and other accounts of the Board shall be audited by a chartered accountant in public practice appointed for the purpose by the Board, and a copy shall be made available on request to any renter or exhibitor.

The Board shall, as soon as practicable after the end of each financial year, prepare an annual report, and shall make a copy available on request to any renter or exhibitor.

In the event of a dispute arising out of a contract for the supply of films entered into between a renter and an exhibitor, either party to the dispute may, if the contract so provides, by notice in writing addressed to the Secretary to the Film Trade Board, have the dispute determined by a Disputes Committee in accordance with this Part of this Act.

The party giving notice under subsection (1) of this section shall at the same time nominate 1 person to serve on the Disputes Committee.

On receipt of a notice of a dispute under subsection (1) of this section the Secretary to the Film Trade Board shall notify the other party to the dispute that it has been referred to a Disputes Committee, and shall invite that party to nominate 1 person to serve on the Committee.

Every Disputes Committee shall consist of the Chairman of the Film Trade Board, who shall act as the Chairman of the Committee, and 2 persons nominated by the parties to the dispute:

Provided that, if the party referred to in subsection (3) of this section fails to nominate a person within 21 days after being invited to do so in accordance with that subsection, the Disputes Committee shall consist of the Chairman and the person nominated under subsection (2) of this section.

Every Disputes Committee shall conduct its inquiry into a dispute in private.

The parties to the dispute shall be entitled to appear before the Disputes Committee and to be heard, but shall not be entitled to be represented before the Committee by a barrister or solicitor.

A Disputes Committee may accept such evidence of any matter as it considers sufficient, whether or not the same would be admissible in a Court of law.

Every Disputes Committee shall hear and determine a dispute as soon as practicable.

Every decision of a Disputes Committee, together with the reasons therefor, shall be given in writing, and a copy shall be given to each party to the dispute.

Subject to section 88 of this Act, every determination of a Disputes Committee shall be final and binding on each party to the dispute.

For the purpose of enforcing any decision of a Disputes Committee either party to the dispute may file a copy of the decision in the office of the nearest Magistrate’s Court, and thereupon the decision shall be enforceable as a final judgment of that Court in its civil jurisdiction.

Notwithstanding subsection (4) of this section, no decision of a Disputes Committee may be filed under that subsection unless the time allowed for an appeal against the decision has expired and no appeal has been brought.

Notwithstanding anything in sections 18 and 19 or in section 73 of this Act, where in any dispute before a Disputes Committee a question arises as to whether any premises are or are not in any locality, or whether 2 or more premises are or are not in the same locality, the Disputes Committee shall refer the question to the Licensing Authority for determination; and the decision of the Licensing Authority in respect of the question shall be final and binding on the Disputes Committee and on each party to the dispute.

For the purposes of the payment of remuneration by the Film Trade Board to the Chairman under section 13(1) of this Act, every sitting of a Disputes Committee shall be deemed to be a meeting of the Board.

Each member of a Disputes Committee, other than the Chairman, shall be entitled to be reimbursed, by the party who nominated him, for all expenses reasonably incurred in acting as a member of the Committee, and any such expenses shall be recoverable as a debt from that party in any Court of competent jurisdiction.

Notwithstanding subsection (2) of this section, in any case where a Disputes Committee is of the opinion that the party responsible for having any matter referred to the Committee acted vexatiously or frivolously, it may order that party to reimburse the other party for all expenses paid by that other party under that subsection; and the amount to be reimbursed shall be recoverable from the first-mentioned party in any Court of competent jurisdiction.

There shall from time to time be appointed under the State Services Act 1962 a Chief Censor of Films, and such other censors, assistant censors, and other officers as may be required for the purposes of this Part of this Act. Any such office may be held either separately or in conjunction with any other office in the Public Service.

Any of the powers conferred on the Chief Censor by this Act may be delegated by him to any officer of the Public Service duly appointed to act on his behalf or to assist him in the performance of his duties.

Nothing in this Part of this Act shall apply with respect to the private screening of any film in any premises by the maker, renter, or owner of the film in accordance with normal trade practice before its submission to the Chief Censor for examination or exemption.

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:

Provided that, in the case of a film not adaptable to the mechanical equipment in the Chief Censor’s office, the Chief Censor may require the person submitting the film to make it available, at that person’s expense, for examination by the Chief Censor at such place as the Chief Censor directs.

Every film submitted to the Chief Censor under this section shall be accompanied by the prescribed fee.

The person submitting the film for exemption or examination shall at the same time notify the Chief Censor in writing of the number of copies of the film in that person’s possession, and shall, where appropriate, certify in writing that each such copy is identical with the one submitted to the Chief Censor. If any such copy is not identical with the one submitted to the Chief Censor, it shall, unless the Censor otherwise agrees, also be submitted for exemption or examination in accordance with subsection (1) of this section.

If additional copies of a film are brought or are to be brought in to New Zealand at any subsequent time, the person responsible for bringing them in shall notify the Chief Censor in writing of the number of such copies, and shall, where appropriate, certify in writing that each copy is identical with the one submitted under subsection (1) of this section. If any such copy is not identical with the one submitted to the Chief Censor under that subsection, it shall, unless the Chief Censor otherwise agrees, also be submitted for exemption or examination by him.

For the purposes of subsections (3) and (4) of this section a copy of a film shall be deemed not to be identical with the one submitted to the Chief Censor if it is of a different gauge or is in a different technical form.

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 section 29 of this Act.

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. An exemption may be granted absolutely, or subject to such conditions as may be specified in the regulations or imposed by the Chief Censor.

Where the Chief Censor approves a film for exhibition without first examining it he shall mark the certificate of approval issued under section 30 of this Act in such a manner as to indicate that he has not examined the film.

Notwithstanding anything in subsection (1) of this section, the Chief Censor may at any time require any film that may be or has been exempted under that subsection to be submitted to him for examination and, if necessary, classification. In any such case where the film has previously been exempted, the certificate of approval shall be deemed to be cancelled, and the person in possession of that certificate shall, on demand by the Chief Censor, forthwith surrender it to him.

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.

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:

Without limiting subsection (2) of this section, in any case where the Chief Censor is requested to approve any film for exhibition by any 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.

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.

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 the film and to have viewed some or all of those other films.

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

In examining any film for the purposes of this Part of this Act, the Chief Censor may consult any person whom he considers may be able to assist him in forming an opinion of the film on which to base his decision in respect of the film.

Nothing in this Act relating to the exhibition of films shall apply to the exhibition of a film by or at the request of the Chief Censor for the purposes of subsection (1) of this section.

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.

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—

If, having taken into consideration the matters referred to in section 26 of this Act, the Chief Censor is of 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.

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,—

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.

When classifying a film in accordance with subsection (2) of this section, the Chief Censor may, as part of his decision, specify for inclusion in the certificate of approval—

as he thinks fit.

In any such case the Chief Censor shall incorporate in the certificate of approval issued by him under section 30 of this Act any such recommendation or description.

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 to 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.

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.

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.

In determining whether to exercise, or in exercising, his powers under this section in respect of any film the Chief Censor may consider the effect that any such excision or alteration may have on the continuity of the film or on its overall effect.

Every piece of film excised by the Chief Censor under subsection (2) of this section shall be retained by him:

Provided that, on request by the person who submitted the film to him, he shall return each such piece of film to that person if he is satisfied that that person intends to take or send the piece of film out of New Zealand.

Notwithstanding anything in subsection (5) of this section, in any case where the Chief Censor excises any piece from any film and the person who submitted the film to the Chief Censor does not, within 7 years thereafter, request the Chief Censor to return the piece to him in accordance with the proviso to that subsection, the Chief Censor may, at his discretion, destroy or otherwise dispose of that piece of film.

The foregoing provisions of this section, and of section 28(4) of this Act, so far as they are applicable and with the necessary modifications, shall apply with respect to any sound track intended to accompany the exhibition of the film being examined.

Where the Chief Censor approves a film for exhibition he shall issue to the person who submitted the film to him a certificate of approval in the prescribed form setting out his classification of the film in accordance with section 28(2) of this Act, or, as the case may require, the fact that he has exempted the film from examination under section 25 of this Act and the conditions on which he has approved it, together with a copy of the certificate for each copy of the film in the possession of the person who submitted the film.

In any case where the Chief Censor refuses to approve a film for exhibition he shall give written notice of his decision to the person who submitted the film to him, and shall state in the notice, by reference to the relevant provision or provisions of this Part of this Act, the reasons for his decision.

In any case where the Chief Censor is notified under section 24(4) of this Act that any additional copy of a film has been or is to be brought into New Zealand and the person giving him the notice certifies under that provision that each such copy is identical with the one approved for exhibition by the Chief Censor, the Chief Censor shall, on request, forward to that person a further copy of the certificate of approval for each such additional copy of the film.

When a film has been submitted to the Chief Censor for examination under this Act and the person submitting it has been advised of the Chief Censor’s decision, that film shall not be resubmitted to the Chief Censor under this Part of this Act until after the expiration of 3 years from the date of the Chief Censor’s decision:

Provided that a film may be resubmitted within that period if it is in a substantially altered form, or, in special circumstances approved by the Chief Censor, with the prior approval of the Chief Censor.

Nothing in subsection (1) of this section shall prevent any person from resubmitting a film to the Chief Censor in any case to which section 85 of this Act applies.

If any matter is added to a film after it has been approved for exhibition by the Chief Censor the approval shall be deemed to be cancelled and the film shall not be exhibited or further exhibited unless and until the Chief Censor has again approved it for exhibition.

If any amount exceeding 5 percent of the total length of any film is deleted after the film has been approved by the Chief Censor for exhibition and classified by him, the person for the time being entitled to hire or exhibit the film shall, before the film is exhibited or further exhibited, notify the Chief Censor of the nature and length of the deletion and shall, if required to do so by the Chief Censor, resubmit the film to the Chief Censor for further examination.

For the purposes of this Part of this Act there shall be set up and maintained by the Chief Censor a Register of Films.

The Chief Censor shall enter in the Register, in respect of each film exempted or examined by him in accordance with this Part of this Act, the following particulars:

On receipt of any notice or any copy of a film under section 24(4) of this Act the Chief Censor shall amend the Register accordingly.

The Register shall be open to inspection by the public during ordinary office hours on payment of the prescribed fee.

On payment to him of the prescribed fee the Chief Censor shall cause to be sent to any person requesting the same in writing a copy of any specified entry in the Register, certified as a true copy by the Chief Censor or by any other person authorised in that behalf by the Secretary for Internal Affairs.

A copy of every entry in the Register shall be published in the Gazette.

The provisions of this Part of this Act may, to such extent as the regulations prescribe, be applied by regulations made under this Act so as to require the Chief Censor’s approval, given in accordance with the provisions of this Part of this Act as so applied, for the exhibition, display, or use of posters and other advertising material used or intended to be used in relation to any film. Any such regulations may relate exclusively to any specified class or specified classes of posters or other advertising material.

Every person to whom the Chief Censor has issued a certificate of approval in respect of a film shall retain that certificate in his possession, and shall send a copy of the certificate with the film to every exhibitor of that film.

All posters (other than photographs), trailers, and other advertising material relating to a film (whether or not the title of the film is stated) in which the place or date of exhibition is given or from which that information can readily be ascertained shall give notification to the public, in the prescribed form and manner, of the following particulars:

Notwithstanding subsection (2) of this section, where the Chief Censor has given his approval to the exhibition of any poster, trailer, or other advertising material the Secretary for Internal Affairs may, in special circumstances approved by him, and on application to him in that behalf, waive compliance with the requirements of that subsection in any case where he is satisfied that compliance with those requirements is not practicable.

Every exhibitor of a film shall publicly display, in the prescribed manner, a copy of the certificate of approval issued in respect of that film under section 30 of this Act.

Every renter of a film shall state in every advance dispatch note sent by the renter to any exhibitor in respect of that film the Chief Censor’s classification of the film, or, as the case may require, shall state that the Chief Censor has exempted that film from examination under this Part of this Act. The identifying number of the certificate of approval issued by the Chief Censor in respect of the film shall also be stated in every such dispatch note.

In addition to the requirements of subsection (4) of this section, every exhibitor of a film, and every other person who, as agent for the exhibitor, offers for sale to the public any tickets to any exhibition of a film, shall give notice to the public, in the prescribed form and manner, of the particulars referred to in subsection (2) of this section.

Every person commits an offence and is liable to a fine not exceeding $5,000 who—

Every person commits an offence and is liable to a fine not exceeding $2,000 who—

Every person commits an offence against this Act who, not being a person belonging to the classes or descriptions of persons to whom the film may be exhibited in terms of the Chief Censor’s decision, and being aware of that fact, gains or attempts to gain admission to the part of any premises intended to be occupied by persons viewing the exhibition of the film.

Every person commits an offence against this Act who—

Every person who makes any alteration to a film or to an accompanying soundtrack of a film, after the film has been approved for exhibition and classified by the Chief Censor, with the intent that the film be exhibited or the soundtrack played otherwise than in the form so approved and classified commits an offence and is liable to a fine not exceeding $5,000.

Every person to whom any part of any film is returned by the Chief Censor in accordance with the proviso to section 29(5) of this Act commits an offence against this Act if he knowingly fails to take or send that part out of New Zealand within 30 days after receiving it from the Chief Censor.

Any film in respect of which an offence under this Part of this Act has been committed may, by order of the convicting Court, and whether or not the Court imposes any other penalty in respect of the offence, be forfeited to the Crown, and may be destroyed or otherwise dealt with as the Minister directs.

For the purposes of this Act there shall be an authority, to be called the Films Licensing Authority.

The Licensing Authority shall consist of 3 members, being persons who have no financial interest in the exhibition or renting of films.

Every member of the Licensing Authority shall be appointed by the Governor-General on the recommendation of the Minister.

One member shall be appointed as Chairman of the Licensing Authority by the Governor-General on the recommendation of the Minister.

The powers of the Licensing Authority shall not be affected by any vacancy in its membership.

Subject to the succeeding provisions of this section, every member of the Licensing Authority shall hold office for a term of 3 years, but may from time to time be reappointed.

Any member of the Licensing Authority may resign his office at any time by written notice given to the Minister.

Any member of the Licensing Authority may be removed from office at any time by the Governor-General on the recommendation of the Minister for disability, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Minister.

If any member of the Licensing Authority dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made, and every person appointed under this subsection shall hold office for the remainder of the term for which his predecessor was appointed.

Every member of the Licensing Authority, unless he sooner vacates his office under subsection (2) or subsection (3) of this section, shall continue in office until his successor comes into office.

Notwithstanding that the term of office of a member of the Licensing Authority has expired or that a member of the Licensing Authority has resigned his office, he shall be deemed to continue a member of the Licensing Authority for the purpose of—

In any case in which the Minister is satisfied that any member of the Licensing Authority is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office, or where any member notifies the Minister that in his opinion it is not proper that he should act in any particular proceeding, the Minister may appoint a person to act in the place of that member during his incapacity or, as the case may require, for the purposes of that proceeding.

Any person so appointed shall, while he acts as such, be deemed to be a member of the Licensing Authority, and any person appointed to act in the place of the Chairman shall have all the powers of the Chairman.

No appointment of a person under this section and no acts done by him while acting as a member of the Licensing Authority, and no acts done by the Licensing Authority while any person is acting as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

The provisions of section 38(6) of this Act, so far as they are applicable and with the necessary modifications, shall apply with respect to every person appointed under this section.

For the purposes of any hearing, inquiry, or investigation to be held or made by it under this Act, the Licensing Authority shall be deemed to be a Commission under the Commissions of Inquiry Act 1908, and, subject to the provisions of this Act, the provisions of that Act, so far as they are applicable and with the necessary modifications, shall apply accordingly.

The Licensing Authority is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

There shall be paid to the members of the Licensing Authority, out of money appropriated by Parliament for the purpose, remuneration by way of fees or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

There may from time to time be appointed under the State Services Act 1962 a Secretary to the Licensing Authority, and such other officers as may be deemed necessary for the purposes of this Part of this Act.

Any such office may be held either separately or in conjunction with any other office in the Public Service.

Every member of the Licensing Authority and every person engaged or employed in connection with the work of the Licensing Authority shall maintain and aid in maintaining the confidentiality of all matters relating to or connected with any application made to the Licensing Authority under this Act, and shall not communicate any such matters to any other person except for the purpose of carrying into effect this Act or any other enactment relating to films.

Nothing in subsection (1) of this section applies with respect to any information or evidence presented to the Licensing Authority at a public hearing.

Every person who wilfully fails to comply with subsection (1) of this section commits an offence and is liable to a fine not exceeding $500.

The functions of the Licensing Authority shall be—

The Licensing Authority shall have power—

and all such other powers and authorities as are reasonably necessary for the effective performance of its functions.

The Licensing Authority shall have such other functions and powers as are conferred on it by this Act or any regulations made under this Act, or by any other enactment.

The Licensing Authority may, for any particular purpose, delegate in writing to any of its members or to any other person or persons any of the powers of investigation or inquiry conferred on it by this Act; and the person or persons to whom any such delegation is made shall possess for the purpose all the powers of the Licensing Authority with respect to any investigation or inquiry, except the power to act as a Commission of Inquiry and the power of delegation conferred by this subsection.

The Chairman shall convene such sittings of the Licensing Authority as he thinks necessary for the efficient performance of the functions assigned to it under this Act, and so as to ensure that every matter before the Licensing Authority is dealt with expeditiously.

Sittings of the Licensing Authority shall be held at such places as the Chairman determines.

The Chairman shall preside at all sittings of the Licensing Authority.

At any sitting of the Licensing Authority the quorum necessary for the transaction of business shall be 2 members, of whom 1 shall be the Chairman.

All questions before a sitting of the Licensing Authority shall be decided by a majority of votes of the members present and voting.

The Chairman shall have a deliberative vote and, in the event of an equality of votes, he shall also have a casting vote.

Subject to the provisions of this Act and of any regulations made under this Act, the Licensing Authority may determine its own procedure.

Proceedings before the Licensing Authority under this Act shall not be held bad for want of form or be void or in any way vitiated by reason of any informality or error of form.

Subject to subsections (2) and (3) of this section, every hearing of the Licensing Authority shall be held in public.

The Licensing Authority may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it.

Where the Licensing Authority is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter, the Licensing Authority may, of its own motion or on the application of any party to the proceedings,—

Every person commits an offence and is liable to a fine not exceeding $500 who acts in contravention of any order made by the Licensing Authority under paragraph (b) or paragraph (c) of subsection (3) of this section.

Every decision of the Licensing Authority, together with the reasons therefor, shall be recorded in writing, and a copy shall be given to every party to the proceeding.

The Licensing Authority shall cause to be published in the Gazette a notice of every decision made by it in respect of any matter referred to in section 44(1) of this Act.

The Secretary to the Licensing Authority shall, on written application to him by any person, send to that person a copy of any particular decision of the Licensing Authority specified by that person.

Subject to sections 50 and 51 of this Act, no person shall exhibit any film in any premises unless he is the holder of a current exhibitor’s licence issued by the Licensing Authority in accordance with this Part of this Act.

No holder of an exhibitor’s licence shall exhibit any film otherwise than in accordance with the terms of the licence.

Nothing in this Part of this Act shall apply with respect to the private screening of any film in any premises by the maker, renter, or owner of the film in accordance with normal trade practice.

No exhibitor’s licence is required for the exhibition of any film in any premises if all the following conditions are met:

No exhibitor’s licence is required for the exhibition of films—

The conditions referred to in subsection (2)(a) of this section are:

No application for an exhibitor’s licence in respect of any drive-in cinema shall be dealt with by the Licensing Authority before a date to be fixed by the Minister by notice in the Gazette. Before fixing a date under this subsection the Minister shall confer on the matter with the Film Trade Board.

For the purposes of this section “drive-in cinema” means any premises within which facilities are provided to enable patrons to view exhibitions of films while seated in motor vehicles, whether or not other forms of accommodation are also provided for the audience.

An application for an exhibitor’s licence shall be made to the Licensing Authority in the form provided, and shall be accompanied by the prescribed fee.

Subject to subsection (3) of this section, an application shall be made in respect of 1 proposed cinema only.

Where an applicant proposes to exhibit the same programme of films in 2 or more premises he may make 1 application in respect of both or all of those premises.

The applicant shall send a copy of his application to every holder of an exhibitor’s licence specified by the Licensing Authority (being the holder of a licence in respect of premises in the same locality as any of the premises to which the application relates).

Subject to the succeeding provisions of this section, and to section 62 of this Act, the Licensing Authority shall grant any application for an exhibitor’s licence unless it is satisfied either—

The Licensing Authority shall not grant any application for an exhibitor’s licence unless it is satisfied that the premises to which the application relates comply or will comply with the provisions of all enactments, and of all bylaws of the local authority in whose district the premises are situated, affecting the same and relating to the exhibition of films.

The Licensing Authority shall not grant an application for an exhibitor’s licence unless it is satisfied in respect of the following matters:

The Licensing Authority may, after consultations with the Film Trade Board, refuse to grant an application for an exhibitor’s licence if it is of opinion that, having regard to any failure by the applicant to comply with the provisions of this Act or the Cinematograph Films Act 1961 relating to the exhibition or renting of films, he is not a proper person to hold an exhibitor’s licence.

In considering any application for an exhibitor’s licence under this section the Licensing Authority may, if it thinks fit, hold an inquiry into any matter relating to the application; and in such a case the applicant shall, on being notified of the Licensing Authority’s intention to hold such an inquiry, pay such further fee as may be prescribed.

Notwithstanding any of the foregoing provisions of this section, in any case where the Licensing Authority has before it 2 or more applications for an exhibitor’s licence in respect of the same locality and it is satisfied that, but for the provisions of subsection (1)(a) of this section it would have granted both or all of those applications, it shall, in determining which of the applications to grant, give preference to the applicant or applicants who, in the opinion of the Licensing Authority, has or have greater merit.

In determining for the purposes of subsection (6) of this section which of the applicants has greater merit the Licensing Authority shall have regard to the matters referred to in subsection (3) of this section, and may have regard to such other matters (including any previous experience that any of the applicants may have in the exhibition or renting of films and any compliance or non-compliance by him with the provisions of this Act or the Cinematograph Films Act 1961) as it thinks fit.

For the purposes of this section, where any application relates to 2 or more premises in accordance with section 53(3) of this Act it shall be dealt with by the Licensing Authority as if it were a separate application in respect of each of the premises.

On granting any application for an exhibitor’s licence the Licensing Authority shall specify in or endorse on the licence the terms of the licence in respect of the matters referred to in subsection (3) of section 54 of this Act.

On granting any such application the Licensing Authority may impose such conditions as it may specify relating to any of the matters specified in or contemplated by any of the provisions of subsection (2) and subsection (3) of section 54 of this Act.

On granting any such application the Licensing Authority may, at the same or any subsequent time, fix a period (not exceeding 18 months) within which any conditions prescribed by it relating to the premises are to be met. If the conditions are not met within that period it shall revoke the grant and refuse to authorise the issue of the licence.

On granting an application for an exhibitor’s licence the Licensing Authority may stipulate—

Where the Licensing Authority has granted an application for an exhibitor’s licence and is satisfied that all conditions prescribed by it relating to the premises have been met it shall direct the Secretary to issue the licence; and the Secretary shall issue to the applicant an exhibitor’s licence in the prescribed form.

Except as otherwise stipulated by the Licensing Authority under section 55(4) of this Act, every exhibitor’s licence, unless sooner revoked, surrendered, or renewed under this Act, shall remain in force until the 30th day of September next following the date of its issue, and shall then expire.

Subject to section 59 of this Act, and except as otherwise stipulated by the Licensing Authority under section 54(4) of this Act, the holder of an exhibitor’s licence who has complied with all the provisions of this Act and of any regulations made under this Act, so far as they are applicable, and with all the terms of and any conditions attached to the licence, shall be entitled from time to time, on making application to the Licensing Authority within the prescribed period, and on payment of the prescribed fee, to a renewal of his licence for the next succeeding licensing year.

Notwithstanding subsection (1) of this section, if the Film Trade Board has recommended to the Licensing Authority that an exhibitor’s licence be not renewed, the Licensing Authority may, after considering the Board’s recommendation,—

but nothing in this subsection shall prevent the Licensing Authority from granting a renewal of the licence without imposing any conditions.

In any case where—

the Licensing Authority may revoke the licence or, on the expiry of the licence, refuse to renew it or renew it on such terms and conditions relating to the exhibition of films as the Licensing Authority thinks fit.

Where the Licensing Authority considers that in any cinema the conditions existing with respect to—

do not provide adequately for the requirements of the public in the locality in respect of the exhibition of films, it shall notify the holder of the exhibitor’s licence relating to that cinema of the nature of the inadequacy, and of the improvements that are required, in the Licensing Authority’s opinion, to reach the desired standard.

In any such case the Licensing Authority shall specify a period within which the necessary improvements are to be effected.

If the holder of an exhibitor’s licence fails to effect the necessary improvements within the period fixed by the Licensing Authority under subsection (3) of this section, the Licensing Authority may revoke the licence or, on the expiry of the licence, refuse to renew it or to grant a further licence to that exhibitor or in respect of that cinema unless and until the improvements have been effected.

The holder of an exhibitor’s licence may, at any time during the currency of his licence, apply to the Licensing Authority for a variation of any of the terms specified in or endorsed on his licence.

Every application under subsection (1) of this section shall be accompanied by the prescribed fee.

Every such application shall be dealt with by the Licensing Authority in accordance with sections 54 and 55 of this Act as if it were an application for a new licence.

In any case where, through circumstances beyond the control of the licensee,—

the Licensing Authority may, upon such terms and conditions as it thinks fit, authorise the licensee to exhibit films in any other premises in the same locality.

In any case to which paragraph (a) of subsection (1) of this section applies the Licensing Authority may, on receipt of a written undertaking given by the licensee to resume the exhibition of films in the same locality as soon as practicable, refuse to grant any further exhibitors’ licences in that locality to any person other than that licensee during such period as the Licensing Authority thinks fit.

In any case to which paragraph (b) of subsection (1) of this section applies the Licensing Authority may, at its discretion and having regard to all the circumstances of the case including the interests of the owner of the cinema, refuse to grant any further exhibitors’ licences in respect of the same cinema.

No individual, company, or firm shall, without the approval of the Licensing Authority, enter into any contract or arrangement that would, in the opinion of the Licensing Authority, have the effect of conferring on that individual, company, or firm control of more than 20 cinemas in New Zealand, or of increasing the number of cinemas in New Zealand of which that individual, company, or firm has control to more than 20.

No individual, company, or firm having control of 20 or more cinemas in New Zealand shall, without the approval of the Licensing Authority, enter into any contract or arrangement that would have the effect of—

Where any application is made for an exhibitor’s licence the Licensing Authority may refuse to grant the application if in its opinion any individual, company, or firm who or that owns 20 or more cinemas in New Zealand would, if the application were granted, obtain control of an additional cinema.

For the purposes of this section an individual, company, or firm shall be deemed to control a cinema if he or it—

Notwithstanding anything in the Illegal Contracts Act 1970, every contract or arrangement entered into in contravention of any of the foregoing provisions of this section shall be of no effect.

Nothing in this section shall limit or affect the provisions of Part HI of the Commerce Act 1975(relating to monopolies, mergers, and takeovers).

No person shall rent for the purposes of exhibition any film to any person unless he is the holder of a renter’s licence granted in accordance with this Part of this Act.

No person shall acquire for exhibition any film from any person other than a licensed renter, unless he is the holder of a renter’s licence granted in accordance with this Part of this Act.

Nothing in this section applies with respect to any film made in New Zealand.

An application for a renter’s licence shall be made to the Licensing Authority in the form provided, and shall be accompanied by the prescribed fee.

Subject to subsections (2) and (3) of this section, the Licensing Authority shall grant an application for a renter’s licence unless it is satisfied that, because of the conditions existing locally or generally in the film industry or for any other reason, it would be contrary to the public interest to grant the application.

The Licensing Authority shall not grant an application for a renter’s licence made by or on behalf of a person who does not reside and has no place of business in New Zealand.

The Licensing Authority may refuse to grant an application for a renter’s licence if it is of the opinion that, having regard to any failure to comply with the provisions of this Act or the Cinematograph Films Act 1961 relating to the exhibition or renting of films, he is not a proper person to hold a renter’s licence.

Where the Licensing Authority has granted an application for a renter’s licence it shall direct the Secretary to issue the licence; and, on payment to him of the prescribed fee, the Secretary shall issue to the applicant a renter’s licence in the prescribed form.

Subject to subsection (2) of this section, every renter’s licence, unless sooner revoked, surrendered, or renewed under this Act, shall remain in force until the 31st day of December next following the date of its issue, and shall then expire.

If the holder of a renter’s licence ceases to reside or have a place of business in New Zealand the licence shall be deemed to have expired.

The holder of a renter’s licence who has complied with all the provisions of this Act and of any regulations made under this Act, so far as they are applicable, and with all conditions attached to the licence, shall be entitled from time to time, on making application in that behalf within the prescribed period, and on payment of the prescribed fee, to a renewal of his licence for the next succeeding licensing year.

Notwithstanding subsection (1) of this section, if the Film Trade Board has recommended to the Licensing Authority that a renter’s licence be not renewed, the Licensing Authority may, after considering the Board’s recommendation,—

but nothing in this subsection shall prevent the Licensing Authority from granting a renewal of the licence without imposing any conditions.

No licensed renter shall rent to any person who is not the holder of an exhibitor’s licence any film (not being a film to which any of the provisions of paragraph (d) of subsection (1) of section 51 of this Act applies) for exhibition otherwise than in any circumstances authorised by any of the provisions of subsection (2) of that section.

No person shall assign an exhibitor’s licence or a renter’s licence, or enter into an agreement to assign such a licence or the benefit of such a licence, to any other person without the written consent of the Licensing Authority; and, notwithstanding anything in the Illegal Contracts Act 1970, no such assignment or agreement shall be of any effect unless and until it is consented to in writing by the Licensing Authority.

Every person commits an offence against this Act who assigns an exhibitor’s licence, or a renter’s licence, or enters into an agreement to assign such a licence or the benefit of such a licence, in contravention of subsection (1) of this section.

The Minister may from time to time, by notice in the Gazette, prescribe a new standard contract, or modify any of the terms and conditions of the standard contract for the time being in force.

All film-hiring contracts (whether made before or after the commencement of this Act) with reference to films to be exhibited after the commencement of this Act shall be read subject to the standard contract in force at the commencement of the film-hiring contract, and, so far as the terms and conditions of any such contract purport to negative or are inconsistent with any of the terms or conditions of the standard contract, they shall not be binding either on the exhibitor or the renter.

No existing film-hiring contract shall be affected by any subsequent modification of the standard contract, or by the prescribing of a new standard contract.

Any Disputes Committee set up under section 18 of this Act may, for the purposes of any investigation into a dispute before it, by notice in writing to the holder of any exhibitor’s or renter’s licence (whether or not a party to the dispute), require the exhibitor or renter to supply to the Disputes Committee such particulars relating to any film acquired or proposed to be acquired by the exhibitor or renter for exhibition or renting as the Disputes Committee may specify.

Every exhibitor and every renter who fails to supply any particulars when required to do so under this section commits an offence against this Act.

No exhibitor shall hire any films in excess of the number of films reasonably required by him for exhibition in any premises.

No person shall enter into an agreement for the supply of films to be exhibited in any premises during any period exceeding 12 months.

No person shall enter into an agreement for the supply of films more than 9 months before the date fixed for the supply of films to commence.

No renter shall, on request to him by the holder of an exhibitor’s licence, refuse to rent any released film to that exhibitor on the terms and conditions usually applicable in the circumstances of the business of that exhibitor and that renter respectively.

Nothing in subsection (3) of this section shall apply to an agreement for the supply of films if, in terms of the agreement, the supply is to be completed within 18 months after the date of the agreement.

Nothing in subsection (4) of this section shall apply with respect to a film that is, at the time of the exhibitor’s request,—

Where a dispute arises as to whether any person has or has not acted in contravention of any of the provisions of this section the parties to the dispute may have it considered and determined by a Disputes Committee constituted under section 18 of this Act; and in such a case the provisions of that section and of section 19 of this Act, so far as they are applicable and with the necessary modifications, shall apply.

Every person commits an offence against this Act who—

On the conviction of the holder of any exhibitor’s licence or renter’s licence of any offence against this Act or against any regulations made under this Act the Court entering the conviction may revoke the licence, and may direct that the defendant be not granted a licence under this Act during such period as the Court thinks fit.

For the purposes of this Act there shall be a Board, to be called the Films Censorship Board of Review.

The Board of Review shall consist of 7 members to be appointed by the Governor-General on the recommendation of the Minister.

The Governor-General shall, on the recommendation of the Minister, appoint one of the members to be the Chairman of the Board.

Subject to the succeeding provisions of this section, the person appointed as Chairman and every other member of the Board shall hold office for a term of 3 years, and may from time to time be reappointed:

Provided that no member shall be eligible for reappointment immediately following the expiration of his term of office.

Subject to subsections (8) and (9) of this section, the first Chairman appointed after the commencement of this Act shall hold office for a term of 4 years.

Subject to subsections (8) and (9) of this section, of the members of the Board first appointed after the commencement of this Act—

At its first meeting after the commencement of this Act the Board shall determine by lot which of the members shall hold office for a term of 4 years, which for a term of 3 years, and which for a term of 2 years.

A member may at any time resign his office by notice in writing to the Minister.

A member may at any time be removed from office by the Governor-General on the recommendation of the Minister for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister.

If a member dies, resigns, or is removed from office, the vacancy thereby created shall be filled in the same manner as the appointment of the member vacating office:

Provided that the person so appointed shall hold office only for the balance of the term for which the member vacating the office was appointed.

If the Chairman of the Board of Review is unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board, the Minister may appoint any other member of the Board to act as Chairman at that meeting upon and subject to such terms and conditions (if any) as the Minister may specify.

If any member of the Board (other than the Chairman) is unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board, the Minister may appoint any person to act in the place of that member at that meeting, upon and subject to such terms and conditions (if any) as the Minister may specify.

No appointment of any person under this section and no acts done by him while acting as a member of the Board, and no act done by the Board while any person is acting as such, shall in any proceedings be questioned on the ground that the occasion of his appointment had not arisen or had ceased.

The function of the Board of Review shall be to review any film submitted to it in accordance with this Part of this Act.

The Board of Review is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

There may be paid to the members of the Board remuneration by way of fees, travelling allowances, and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

The Board of Review shall sit for the conduct of its business at such times and places as it considers necessary.

Subject to section 81 of this Act, every review shall be conducted by the Chairman or (as the case may require) the acting Chairman, and at least 4 other members of the Board.

The decision of a majority of members present at a sitting of the Board shall constitute the decision of the Board.

In the event that the Board is equally divided on any question, the Chairman or (as the case may require) the acting Chairman shall have a casting vote.

Subject to the provisions of this Part of this Act, the Board shall determine its own procedure.

For the purposes of a review of any newsreel, the Board of Review may, if the Minister so directs, consist of one or more of the members of the Board, who shall for the purposes of this section be deemed to be the Board of Review. Where the Board of Review under this section consists of one person, the decision of that person shall constitute the decision of the Board of Review.

Subject to subsection (2) of this section, every person who submits any film to the Chief Censor for examination and who is dissatisfied with the Chief Censor’s decision in respect of the film shall be entitled, on application, to have the film reviewed by the Board of Review.

No person shall be entitled to apply to the Board for the review of any film after the film has been exhibited in New Zealand.

Where any person who is entitled to have any film reviewed by the Board applies to the Board for a review of that film the decision of the Chief Censor in respect of that film shall be deemed to be cancelled, and, for the purposes of this Act, the film shall be deemed not to have been approved by the Chief Censor for exhibition.

Every application for review of any film shall—

The applicant shall cause the film to which the application relates to be delivered to such person as the Secretary for Internal Affairs shall direct.

On receipt of an application for review under this section the Secretary for Internal Affairs shall forthwith forward it to the Chairman of the Board of Review, who shall arrange a sitting of the Board to conduct the review.

Every review shall be conducted as soon as practicable.

Every review under this Part of this Act shall be by way of re-examination of the film by the Board of Review without regard to the Chief Censor’s decision.

Where any film is submitted to the Board of Review for review in accordance with this Part of this Act the Board shall review the film to determine whether it is or is not likely to be injurious to the public good.

In determining whether any film is or is not likely to be injurious to the public good the Board of Review shall take into consideration the matters referred to in subsections (2) and (6) of section 26 of this Act, and may take into account any of the matters referred to in subsections (3) and (4) of that section.

Neither the applicant for review nor any other person shall have the right to appear before or to be heard by or make submissions to the Board in respect of any review, but the Board shall have the same power to consult any person (including the Chief Censor) as is conferred on the Chief Censor by section 27 of this Act:

Provided that if the Board consults the person submitting the film for review, or if the Board consults the Chief Censor otherwise than on purely technical matters, it shall notify the Chief Censor or, as the case may require, the person submitting the film that it has done so, and invite him to make submissions to the Board in relation to the film.

Having conducted a review of any film the Board shall—

Notwithstanding anything in subsection (5) of this section, on any review of a film the Board shall have the same powers as are conferred on the Chief Censor by subsections (4) and (5) of section 28 and section 29 of this Act.

If, at any time after a film has been approved for exhibition and exhibited in New Zealand, the Minister considers that, having regard to the apparent effect of the film on the general public or on any class of the general public, the further exhibition of the film is likely to be injurious to the public good, he may, by notice in writing, require the exhibitor forthwith to cease exhibiting the film and, by notice in the Gazette, may prohibit the further exhibition of that film.

In every case where the Minister takes action under subsection (1) of this section he shall give written notice to the person who submitted the film to the Chief Censor of the fact that he has done so.

On receipt of a notice under subsection (1) of this section the exhibitor shall not thereafter further exhibit the film unless and until the Chief Censor or, as the case may require, the Board of Review has re-examined the film and has approved it for exhibition and classified it.

On receipt of a notice under subsection (2) of this section the person receiving it shall not thereafter further rent the film to any person for the purpose of exhibition unless and until the Chief Censor or, as the case may require, the Board of Review has re-examined the film and has approved it for exhibition and classified it.

No person shall exhibit or offer for exhibition any film in respect of which a notice in the Gazette has been published under subsection (1) of this section unless and until the Chief Censor or, as the case may require, the Board of Review has re-examined the film and has approved it for exhibition and classified it.

If, in any case to which subsection (1) of this section applies, the Chief Censor approved the film for exhibition, he shall re-examine the film in accordance with Part III of this Act, and the provisions of that Part, with any necessary modifications, shall apply as if the film had not previously been submitted for examination by the Chief Censor.

If, in any case to which subsection (1) of this section applies, the Board of Review approved the film for exhibition, the Chief Censor shall submit the film for re-examination by the Board in accordance with the foregoing provisions of this Part of this Act, and those provisions, with any necessary modifications, shall apply.

Every person commits an offence and is liable to a fine not exceeding $5,000 who knowingly exhibits or offers for exhibition or rents or offers to rent for the purpose of exhibition any film in contravention of subsection (3) or subsection (5) of this section.

The provisions of this Part, so far as they are applicable and with the necessary modifications, shall apply with respect to posters relating to any film in the same manner and to the same extent as they apply to films; but the Board may, if it considers it necessary in any case, require any film to which any such poster relates to be delivered to it for viewing.

The Board of Review may, on its own motion, state a case for the opinion of the Supreme Court on any question of law arising in any matter before the Board.

Every such case stated shall be heard and determined by the Administrative Division of the Supreme Court.

If any party to any proceedings before a Disputes Committee constituted under section 18 of this Act is dissatisfied with any decision made in respect of those proceedings by the Committee as being erroneous in law, he may appeal to the Supreme Court by way of case stated for the opinion of that Court on a question of law.

Every such appeal shall be heard and determined by the Administrative Division of the Supreme Court.

Every notice of appeal under this section shall be lodged with the Secretary for Internal Affairs within 28 days after the appellant is notified of the decision to be appealed against.

Within 14 days after the lodging of the notice of appeal, or within such further time as the Chairman of the Disputes Committee may in his discretion allow, the appellant shall state in writing and lodge with the Secretary for Internal Affairs a case setting out the facts and the grounds of the determination or decision and specifying the question of law on which the appeal is made. The appellant shall forthwith deliver or post a copy of the case to every other party to the proceedings.

As soon as practicable after the lodging of the case, the Secretary for Internal Affairs shall cause it to be submitted to the Chairman of the Disputes Committee.

The Chairman shall, as soon as practicable, and after hearing the parties if he considers it necessary to do so, settle the case, sign it, and cause it to be sent to the Secretary for Internal Affairs. The settling and signing of the case shall be deemed to be the statement of the case by the Disputes Committee.

The Secretary for Internal Affairs shall send the signed case to the Registrar of the Supreme Court at Wellington, and shall make a copy available to each party.

If, within 14 days after the filing of the notice of appeal, or within such further time as may be allowed, the appellant does not lodge a case pursuant to subsection (4) of this section, the Chairman of the Disputes Committee may certify that the appeal has not been prosecuted.

The Court or a Judge thereof may in its or his discretion, on the application of the appellant or the intending appellant, extend any time prescribed or allowed under this section for the filing of a notice of appeal or the stating of any case.

Subject to section 90 of this Act, there shall be a right of appeal to the Supreme Court against the whole or any part of any decision of the Licensing Authority given in respect of—

Every appeal under this section shall be heard and determined by the Administrative Division of the Supreme Court.

Every notice of appeal under this section shall be filed in the Court within 28 days after the date of the decision to be appealed against.

The right of appeal provided for by section 89 of this Act is exercisable by the following persons only:

Provided that the holder of an expired exhibitor’s licence may not appeal under this paragraph unless he has applied within the prescribed period for the grant of a renewal of the licence and either has not received advice of any final decision in respect of his application or has been advised of a decision not to renew his licence within 28 days of the date of the decision against which he is appealing under this paragraph:

Provided also that no appeal shall lie under this paragraph against any decision to renew a current exhibitor’s licence:

At the hearing of any appeal under section 89 of this Act, the Court shall hear all the evidence tendered and all representations made by or on behalf of the appellant and other persons that the Court considers relevant to the subject-matter of the appeal.

The Court may receive as evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectually with the matters before it, whether or not the same would be otherwise admissible in a Court of law.

The Court may in any case, if it considers it is in the interests of any of the parties and is not contrary to the interests of any other person concerned, order that the hearing or any part of it shall be held in private.

The Court may make an order prohibiting the publication of any report or description of the proceedings or of any part of the proceedings in any appeal before it; but no such order shall be made prohibiting the publication of the names and descriptions of the parties to the appeal, or particulars of any licence or certificate affected by it, or of any decision of the Court.

In its determination of any appeal the Court may confirm, modify, or reverse the decision or any part of the decision appealed against.

Notwithstanding anything in section 91 of this Act, the Court may in any case, instead of determining any appeal under that section, direct the Licensing Authority to reconsider the whole or any specified part of the matter to which the appeal relates.

In giving any direction under this section the Court shall—

In reconsidering the matter so referred back the Licensing Authority shall have regard to the Court’s reasons for giving a direction under paragraph (a) of subsection (2) of this section and to the Court’s directions under paragraph (b) of that subsection.

If the person submitting any film for review by the Board of Review or the Minister is dissatisfied with any determination or decision of that Board as being erroneous in point of law, that person or the Minister may appeal to the Supreme Court by way of case stated for the opinion of the Court on a question of law only.

Every such appeal shall be heard and determined by the Administrative Division of the Supreme Court.

Within 28 days after the date of the determination or decision the appellant shall lodge a notice of appeal with the Secretary for Internal Affairs.

Where the appellant is the Minister he shall forthwith deliver or post a copy of the notice to the person who submitted the film to the Board of Review; and, where the appellant is that person, he shall forthwith deliver or post a copy of the notice to the Minister.

In any case where a copy of a notice of appeal is received by the Minister under subsection (4) of this section he may, within 14 days thereafter, give written notice to the Secretary for Internal Affairs and the appellant that he wishes to be joined as a party to the appeal; and thereupon the Minister shall be entitled to be joined as a party to the appeal accordingly.

Within 14 days after the lodging of the notice of appeal, or within such further time as the Chairman of the Board of Review may in his discretion allow, the appellant shall state in writing and lodge with the Secretary for Internal Affairs a case setting out the facts and the grounds of the determination or decision and specifying the question of law on which the appeal is made.

Where the appellant is the Minister he shall forthwith deliver or post a copy of the case to the person who submitted the film to the Board of Review; and, where the appellant is that person and the Minister has given notice that he wishes to be joined as a party to the appeal, the appellant shall forthwith deliver or post a copy of the case to the Minister.

As soon as practicable after the lodging of the case, the Secretary for Internal Affairs shall cause it to be submitted to the Chairman of the Board of Review.

The Chairman shall, as soon as practicable, and after hearing the parties if he considers it necessary to do so, settle the case, sign it, and cause it to be sent to the Secretary for Internal Affairs. The settling and signing of the case shall be deemed to be the statement of the case by the Board of Review.

The Secretary for Internal Affairs shall send the signed case to the Registrar of the Supreme Court at Wellington, and shall make a copy available to each party.

If within 14 days after the filing of the notice of appeal, or within such further time as may be allowed, the appellant does not lodge a case pursuant to subsection (6) of this section, the Chairman of the Board of Review may certify that the appeal has not been prosecuted.

The Court or a Judge thereof may in its or his discretion, on the application of the appellant or the intending appellant, extend any time prescribed or allowed under this section for the filing of a notice of appeal or the stating of any case.

In any case where the Minister has lodged a notice of appeal under section 93 of this Act he may apply to the Administrative Division of the Supreme Court for an order prohibiting the exhibition or, as the case may require, the further exhibition of the film pending the determination of the appeal; and the Court may, if it considers that it is in the public interest to do so, make such an order accordingly.

The Minister shall serve a copy of his application on the person who submitted the film to the Chief Censor, and that person shall be entitled to appear and be heard, whether in person or by counsel, in respect of the application.

In any case where the Court makes an order under this section pending the determination of an appeal the film shall be deemed not to have been approved for exhibition by the Chief Censor until the appeal has been determined.

Subject to the foregoing provisions of this section, and except in a case where the Board has refused to approve the film for exhibition, the film may be exhibited in accordance with the terms of the Board’s decision pending the determination of the appeal under section 93 of this Act.

Subject to the foregoing provisions of this Part, appeals shall be heard in accordance with the rules of Court.

If any party to any proceedings before the Supreme Court under the foregoing provisions of this Part of this Act is dissatisfied with any final determination of the Court in respect of the appeal as being erroneous in law, he may appeal to the Court of Appeal by way of case stated for the opinion of that Court on a question of law.

Within 14 days after the date of the determination or decision the appellant shall file a notice of appeal with the Registrar of the Supreme Court at Wellington. The appellant shall forthwith deliver or post a copy of the notice to every other party to the proceedings.

Within 14 days after the filing of the notice of appeal, or within such further time as the Judge before whom the proceedings were heard may in his discretion allow, the appellant shall state in writing and file with the Registrar a case setting out the facts and the grounds of the determination or decision and specifying the question of law on which the appeal is made. The appellant shall forthwith deliver or post a copy of the case to every other party to the proceedings.

As soon as practicable after the filing of the case, the Registrar shall cause it to be submitted to the Judge before whom the proceedings were heard.

The Judge shall, as soon as practicable, and after hearing the parties if he considers it necessary to do so, settle the case, sign it, and cause it to be sent to the Registrar. The settling and signing of the case shall be deemed to be the statement of the case by the Court.

Where since the date of the determination or decision the Judge before whom the proceedings were heard has ceased to hold office as such or died or left New Zealand, or is incapable by reason of sickness or otherwise from acting as such, the case may be submitted to any Judge of the Supreme Court and may be settled and signed by him.

The Registrar shall send the signed case to the Registrar of the Court of Appeal, and shall make a copy available to each party.

If within 14 days after the filing of the notice of appeal, or within such further time as may be allowed, the appellant does not file a case pursuant to subsection (3) of this section, the Judge may certify that the appeal has not been prosecuted.

The Supreme Court or a Judge of that Court may in its or his discretion, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the filing of a notice of appeal or the stating of any case.

Subject to the foregoing provisions of this section, appeals under this section shall be heard in accordance with the rules of Court.

No person shall import into New Zealand or manufacture, rent, transport, or exhibit any film that is of a highly inflammable nature as determined by tests for the time being prescribed by regulations made under this Act.

No person shall project in any premises other than a private residence any film that is of a highly inflammable nature as determined by tests prescribed by regulations under this Act.

Nothing in subsection (1) or subsection (2) of this section shall apply with respect to the transport, exhibition, or projection, in such circumstances and by such person as may be approved by the person for the time being holding the office of Chief Archivist under the Archives Act 1957, of any film that, in the opinion of the Chief Archivist, is of archival significance or interest.

Every person who knowingly acts in contravention of subsection (1) or subsection (2) of this section commits an offence and is liable to a fine not exceeding $500.

On the conviction of any person for an offence against this section the film in respect of which the offence was committed shall be deemed to be forfeited to the Crown, and shall be destroyed or otherwise dealt with as the Minister directs.

There may from time to time be appointed under the State Services Act 1962 a Chief Inspector of Cinemas and such number of Inspectors of Cinemas as may be considered necessary for the purposes of this Act. Any such office may be held either separately or in conjunction with any other office in the Public Service.

Every Inspector of Cinemas may enter upon any premises (not being a private dwelling-house) in which film is exhibited or in which he has reason to believe that film is being exhibited for the purpose of ensuring that the provisions of Parts III to V of this Act, and of any regulations made for the purposes of any of those provisions, are being complied with.

In the exercise of the powers conferred on him by subsection (1) of this section,—

Without limiting the foregoing provisions of this section, every Inspector who discovers any person—

may seize the film and deliver it to the Secretary for Internal Affairs.

The Secretary for Internal Affairs may, at his discretion, retain any film delivered to him under subsection (3) of this section for subsequent disposal as he thinks fit, or forward it to the renter or other person entitled to it subject to such conditions relating to compliance with the provisions of this Act with respect to the film as he may specify.

Every person commits an offence against this Act who obstructs an Inspector in the performance of his duties under this Act or who fails to comply with any requirement of an Inspector under paragraph (b) of subsection (2) of this section.

The Minister may from time to time for the purposes of this Act approve as a film society any cultural association or body—

The Minister may at any time withdraw his approval of any such association or body.

No member of the Film Trade Board or of any Disputes Committee constituted under Part II of this Act or of the Licensing Authority or the Board of Review shall be personally liable for any act done or omitted to be done by the relevant Board or Committee or by any member of that Board, Committee, or Authority in good faith in pursuance of the powers of that Board, Committee, or Authority.

Every person commits an offence against this Act who makes any statement or gives any information or enters or causes to be entered any matters which he knows to be false or misleading in any material particular or respect—

Every person who commits an offence against this Act or against any regulations made under this Act for which no penalty is provided elsewhere than in this section is liable to a fine not exceeding $500 and, if the offence is a continuing one, to a further fine not exceeding $100 for every day on which the offence has continued.

Every offence against this Act or against any regulations made under this Act shall be punishable on summary conviction.

Section 124 of the Crimes Act 1961 is hereby amended by adding the following subsection:

Section 48 of the Police Offences Act 1927 is hereby amended by adding, as subsection (2), the following subsection:

Where the Governor-General considers that, by reason of any technical change or development in the production, projection, or screening of films, it is not practicable to comply with any requirement of this Act relating to the approval of films or to any certificate of approval, or. full effect cannot be given to any such requirement according to the true intention thereof, regulations may from time to time be made under section 106 of this Act making such provisions as the Governor-General considers necessary to enable the requirements to be complied with, or to enable full effect to be given to the true intention of this Act. Regulations made pursuant to this section shall have effect according to their tenor, notwithstanding any provisions of this Act to the contrary.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes—

Section 2 of the Indecent Publications Act 1963 is hereby consequentially amended by repealing paragraphs (a) to (c) of the definition of the term “document”, and substituting the following paragraphs:

The enactments specified in the Schedule to this Act are hereby repealed.