Historical Rainbow Publications Project

About the project

Community and legal standards change over time and the Classification Office can find that legal restrictions imposed in the past are no longer appropriate. For example recently, we have reclassified a number of rainbow publications that were previously banned for rainbow content.

Between the years 1963 and 1994, and before the establishment of the Classification Office, approximately 1,200 publications were banned by the Indecent Publications Tribunal. Some publications were banned because they contained rainbow content. Sexual relations between men were criminalised during this period in accordance with the New Zealand Crimes Act 1961 until 1986 when homosexuality was decriminalised in New Zealand.

In late 2022 until early 2024 the Office undertook a project to revisit publications that were banned before the Homosexual Law Reform Act 1986. This project came about in response to concerns raised by local queer activist Shannon Novak on behalf of rainbow communities in Aotearoa during a select committee hearing in 2021. The then Minister of Internal Affairs Hon. Jan Tinetti requested the Chief Censor to look into the issue.

To re-classify publications, we need to examine them. However, publications that have been banned a long time ago can be hard to source. Very few have been digitised. Some have been collected in archives. With support from Novak, the Office undertook best efforts to identify and source publications for this project.

We re-classified a number of publications that had been banned for containing rainbow content. Many of the publications detailed the lives of homosexual people in the 1980’s, such as content found in lifestyle magazines including advertisements and event information. This kind of content was made unrestricted. Some of the publications contained pornography and were classified as R18. Only one of the publications to date (note the date of this article publication) has been reclassified as objectionable.

The project has now finished as best attempts to source physical material has been exhausted. We do encourage members of the public to contact us directly if they wish to read, own or trade historic publications that are banned. We can re-classify them at the discretion of the Chief Censor.

The process of reconsideration of rainbow publications 

Publications that were banned prior to the establishment of the Classification Office and before the Homosexual Law Reform Act 1986, can be reconsidered. We’re specifically talking about historic rainbow publications that were banned due to the content being rainbow related.

This policy and process applies to the applications for reconsideration made under section 42(1) of the Films, Video, and Publications Classification Act 1993 (the Act). That is publications which are more than three years old. It does not apply to applications under section 41 or section 42(2) or (3).

What is considered when reconsidering a historic rainbow publication? 

Any ban or restriction on a publication represents an impact on the freedom of expression (section 14 of the New Zealand Bill of Rights 1990), and is a factor we take into consideration with any classification. When ‘taking leave’ and reconsidering a banned historic rainbow publication the Chief Censor considers freedom of expression as well as the public benefit of a publication.

The following factors are also taken into consideration:

• Public safety - Leave is more likely to be granted where there is an issue of public safety in relation to the publication.
• Ongoing discrimination - Leave is more likely to be granted where a classification represents an ongoing discrimination against a class of persons.
• Public awareness - Leave is more likely to be granted where there is evidence of increasing public awareness of a publication.
• Likelihood of classification change - Leave is more likely to be granted where there is a significant likelihood of a change in classification, due for example to the age of the classification, changed societal views, law changes, or where New Zealand is an international outlier in its classification.
• Impact of the current classification - Leave is more likely to be granted where publications have been banned rather than those that have been age restricted.
• Impact of the ban on an individual - Leave is more likely to be granted if a person establishes a personal impact of an ongoing ban, for example they own (or intends to purchase) a publication or they wish to study the publication

The Chief Censor also must weigh up the impact on the other work of the Classification Office when considering to reconsider. So the following factors are also considered:

• Availability of the publication - Leave is more likely granted where an applicant can identify where a publication can be sourced for classification.
• Cost of the publication - Leave is more likely to be granted where the publication is of little (under $100) or no cost.  (This factor is not relevant where the applicant owns or wishes to purchase the publication themselves.)
• Likely duration of the classification process - Leave is more likely granted where classifications can be completed in a reasonable timeframe, i.e. the resources required to classify a series of publications will be considered.
• Subsequent editions - Leave is more likely granted where the publication submitted is the most recent edition of a publication, especially where that edition is being actively marketed.

If you wish to have a historic rainbow publication reconsidered by the Chief Censor please first submit an application for Reconsideration Assessment Form.

This will be received by the Office, considered by the Classification Unit Manager, and a recommendation put forward to the Chief Censor.