Court Refuses To Uphold Ban

Press, Volume CVI, Issue 31236, 7 December 1966, Page 3

Court Refuses To Uphold Ban

(New Zealand Press Association)

WELLINGTON, December 6.

The Court of Appeal ruled today that the Films Censorship Board of Appeal could not withdraw approval to show a film when there was an appeal to the board against only part of the conditions of exhibition imposed by the Film Censor.

The Court unanimously allowed an appeal by Columbia Films (N.Z.), Ltd., against a judgment delivered in June by Mr Justice Tompkins. In the Supreme Court Columbia Films sought a writ of certiorari to quash the board’s decision on the film, “The Collector.”

The Film Censor originally approved the film for persons over 16 subject to certain cuts.

Columbia Films appealed to the board about one of the cuts and the board “reached the conclusion that the theme of the whole film is such that its exhibition is undesirable in the public interest.” The board disallowed the appeal, no certificate was issued, and the film could not be shown in New Zealand. The Supreme Court refused to quash the board’s decision. In the Court of Appeal today, Mr Justice McCarthy said in a judgment: “The powers of the board to reverse or approve the approval of a censor should be confined to the occasions when the actual approval is under appeal.”

The Court issued a declaration that “on an appeal by an exhibitor against that part of a decision by the Censor making ah excision in a film to which approval for exhibition was given, the Censorship Board of Appeal has no jurisdiction, in the absence of an appeal by the Minister or a person authorised by him, to make an order reversing the decision of the Censor approving the film for exhibition.”