27 Feb 2023
THE ATTORNEY-GENERAL OF NEW ZEALAND v FILM AND LITERATURE BOARD OF REVIEW [2023] NZHC 319
- Citation
- [2023] NZHC 319
- Court
- High Court
The Court dismissed the appeal: the Board did not err in law. Depiction of sexual conduct with children does not automatically equal promotion or support under s 3(2); the Moonen finding that material 'normalised' abuse was a fact‑specific evaluative judgment, not a mandatory legal element. The Board lawfully concluded the texts were not deemed objectionable under s 3(2) but were objectionable under the holistic s 3(3)/(4) assessment and permissibly imposed an R18 restriction as a proportionate response to identified harms.