Just got this in my mailbox. anybody know whats going on over there? it sounds like NZ is getting some heavy moral BS like we had here in the states a number of years ago from the way these guys are reporting it.
Ralph
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Court of Appeal on Classification of "Visitor Q"
Monday, 22 August 2005, 2:38 pm
Press Release: Society for the Promotion of Community Standards
THE SOCIETY FOR THE PROMOTION OF COMMUNITY STANDARDS INC.
P.O. Box 13-683 Johnsonville
spcs.org@gmail.com
http://www.spcs.org.nz
Press Release
22 August 2005
Court of Appeal directs Board in Classification of ?Visitor Q?
The Film and Literature Board of Review meets this afternoon in Auckland at the TVNZ premises in order to deliberate on the judgment of the Court of Appeal (CA59/04) dated 30 June 2005 that set aside the Board?s earlier classification (dated 1/11/02) of the Japanese sex-violence film ?Visitor Q?. The Court of Appeal granted the Society?s appeal against the decision of the High Court issued by the Hon. Justice Lowell Goddard that had upheld the Board?s classification. It remitted the matter of the classification of the film to the Board for reconsideration, in the light of the Court?s majority decision. As a consequence, ?Visitor Q? does not currently have a classification and cannot be screened in New Zealand or distributed.
In 2002 the Society applied to the Board for a review of the classification of ?Visitor Q? as it took strong exception to the R18 classification issued by the Chief Censor?s Office ? the Office of Film and Literature Classification (OFLC). The Society submitted that the film should be classified ?objectionable? or be subject to cuts on the basis of its ?objectionable? and highly offensive content including: gratuitous depictions of necrophilia, sexual activity involving human excrement, incest, rape, sexual violence, corpse mutilation for sexual gratification, extreme lactation, and graphic violence. It highlighted the degrading, demeaning and dehumanising of women in the film?s gratuitous and vile sexual content. The Board, while conceding that the film contained ?graphic and disturbing content,? refused to alter the OFLC classification and considered that the film contained ?merit? in that it was ?an ambitious attempt to describe the disintegration of family?.
In 2002 the Society succeeded in getting the President of the Board, Rotorua-based lawyer Ms Claudia Elliott, to issue an interim restriction order against the film. Consequently it never screened in the Beck?s Incredible Film Festival in 2002 and has yet to screen in New Zealand. (The order expired on 1/11/02 when the Board issued its classification decision).
The recent Court of Appeal decision (CA59/04) - Society For the Promotion of Community Standards Inc [Appellant] v Film and Literature Board of Review [Respondent] ? highlighted legal errors in the Board?s classification that had been overlooked by Goddard J. The Board?s decision was found to be legally ?flawed? [par. 125] in its failure to address issues related to the protection of the ?public good?. Its serious omissions led the Court of Appeal to state: ?Without reasons being given [by the Board for its decisions] for what we view as a critical finding of fact, we cannot assess whether the Board has properly construed its role?? [par. 126]
The Society has written to the Minister of Internal Affairs, the Hon. George Hawkins, asking him to remove all the current Board members including the Governor-General?s husband ? Peter Cartwright ? from the Board. (The Board members are appointed by the Governor-General Dame Silvia Cartwright ? wife of Peter Cartwright). This call has been made because of the Board?s decisions to release films like ?Visitor Q?, ?Baise-Moi? and ?Irreversible? (all featuring ?objectionable? content) into public cinemas for screening to those 18 years of age and older. The Society has also called for the replacement of the Chief Censor, Bill Hastings, and his deputy, Ms Nicolla McCully, on the same grounds.
FULL ARTICLE HERE:
http://www.scoop.co.nz/stories/PO0508/S00250.htm