On 5 June 2008 the Society made an application to the President of the Film and Literature Board of Review, Ms Claudia Elliott, for an Interim Restriction Order under s. 49 of the Films, Videos, and Publications Classification Act 1993 (“the Act”), with respect to The Peaceful Pill Handbook (New International Revised Edition), coauthored by Dr Philip Nitschke. See letter of application below…
Society for Promotion of Community Standards Inc.
A Registered Charitable Entity with the Charities Commission
P.O. Box 13-683 Johnsonville
5 June 2008
Attention
Ms Claudia Elliott
President
Film & Literature Board of Review
C/- Mr Owen Davie
Board Secretary
Application for Interim Restriction Order under s. 49 of the Films, Videos, and Publications Classification Act 1993 (“the Act”) with respect to The Peaceful Pill Handbook (New International Revised Edition).
Dear Ms Elliott
In a letter dated 29 May 2008, the Secretary of Internal Affairs, Mr Brenan Boyle, granted the Society leave to apply to the Film and Literature Board of Review for a review of the classification of The Peaceful Pill Handbook (New International Revised Edition). The Society has made its application to the Board on the prescribed form and paid its application fee.
The Society contends that “it is in the public interest [for the President] to … make such an order” – for the following reasons 1-4 (note that this matter “shall be dealt with [by the President] as soon as practable”)
1. The Society has already established to the complete satisfaction of the Secretary and his officials that there is a prima facie case for a review of the classification of the R18 publication. In other words he has acknowledged that there is an arguable case, as set out in great detail by the Society, that the publication should be classified “objectionable” with reference to s. 3 of the Act, rather than classified R18 as determined by the Office of Film and Literature Classification (OFLC decision registered on 8 May 2008).
2. The arguable case that persuaded the Secretary and his officials to grant relief to the applicant by way of a review by the Board – relied on showing that the publication, even if made available only to those aged 18 years and over, still constitutes an “objectionable” publication – one that is “injurious to the public good” – on the grounds that its content is in breach of the censorship standards set out under s. 3 of the Act. The Secretary clearly took into account the overall impact of the book etc. on persons 18 years of age and over, acknowledging its very real potential for harm with respect to young adults (18-24) and others.
3. If a publication is constituted “objectionable” simpliciter under s 3(2) or s. 3(3) of the Act, because of the manner of its treatment of one or more matters specified in the s. 3(1) “gateway” (sex, violence, etc); then ANY dissemination of such material to the public through bookshop sales, internet sales or downloads, mail-order sales etc within New Zealand, constitute serious offence under the Act. And given that an arguable case exists, in the view of the Secretary, that this publication should be classified “objectionable”, then the issuing of an interim restriction order is warranted, because it serves to safeguard the “public good” until the classification of the publication can be resolved.
4. Following the release of the OFLC decision on the book, its co-author Dr Nitschke was quoted in the media as “thrilled” that it will be soon be available for sale to the public in New Zealand bookshops – by the end of May. Exit International website reports have boasted of its soon-to-be availability through bookshops and its availability through Exit worshops to be held in NZ in July 2008. The Society has contacted a number of major NZ book retailers and been told that it will soon be available for purchase. The book is already available in NZ via internet orders and can be purchased and brought into the country legally at present by anyone 18 years of age and over, and then onsold.
See:
Controversy in NZ over Australian euthanasia book
PM – Tuesday, 13 May , 2008 18:46:00
Reporter: Kerri Ritchie
http://www.abc.net.au/pm/content/2008/s2243906.htm
“Philip Nitschke hopes his book will be in New Zealand shops within a fortnight.”
The Society urges the President to recognises the legal imperitive “shall” contained in s. 49)(2) of the Act and expedite the matter dealt with in this application “as soon as practable”.
It also notes that the Secretary and his officials determined that the Society’s application for a review was not vexatious or frivolous.
If you require clarification on any matter relating to this application, please contact me as soon as possible.
Society for Promotion of Community Standards Inc.
cc. Secretary Internal Affairs, Mr Brendan Boyle
Mr Peter McKenzie QC
I think that this time if the President of the Film and Literature Board of Review declines the interim restriction order this second time, there should be a high court appeal against the decision on the question of error in points of law!
I believe that the courts would refer it back for reconsideration, or make an order against the book being released until the decision is finalised!
Good points. Thanks. SPCS Admin.