Legal Framework

Legal Framework

Legal Framework

Legal Framework

The governance framework
  • Public libraries in Aotearoa New Zealand are funded and governed by local government services rather than elected boards. Communities don't directly vote on library policies and services. Library managers generally decide on collection policies. Sometimes the collection policy is endorsed by local government councils.
  • School libraries are funded by schools that have elected boards. Individual board members may try to influence library decisions. School librarians write collection policies, but these may need to be approved by senior management and the School's Board of Trustees. Librarians may report to an assigned teacher, or the principal, or directly to the board. 
  • Librarians and library managers are therefore responsible for writing, updating, sharing and applying collection policies - subject to legislation, and influenced by their organisations' strategies.

Read more about the policy process here. Policies are influenced by legal frameworks, such as those below. This section of the tool kit provides the legal framework for the emerging challenges libraries are experiencing.

Te Mana Whakaatu Classification Office

In Aotearoa New Zealand Te Mana Whakaata Classification Office has a role in the accessibility of some content.

 

Anyone can submit an item to the Classification Office and request a classification or restriction. If the Classification Office applies a classification or restriction then this must be adhered to across the country and all  libraries (and bookstores, individuals etc) must conform to that classification.

 

Some items are censored or banned and the judgements of Te Mana Whakaatu Classification Office (dictated by the Films Videos and Publications Act 1993) are used to determine whether controversial material should be banned. 

 

Libraries can have items in their collection that have been given a classification, and sometimes they need to be managed differently.  Read through this guide for librarians on What to do about restricted and banned items. It is a legal requirement that library staff adhere to the classifications placed on certain books and films. 

 

  • View the classification process here: the classification process.
  • Anyone is free to seek the leave of the Chief Censor to submit a book for classification via Te Mana Whakaatu Classification Office. This could be another useful step in the process for dealing with a book challenge. Inform the complainant they can make a submission to Te Mana Whakaatu Classification Office through filling out a form on their website. Here is the link to the form: Make a classification request.

In September 2023 the book Welcome to Sex was submitted to be reviewed by Te Mana Whakaatu Classification Office for consideration of age restrictions. LIANZA made a counter-submission in favour of no restrictions being applied. A decision was made by Te Mana Whakaatu not to restrict the publication.

 

  • Read about the decision here

 



Safer online services

There is currently (in 2023) a review taking place on regulating online services and media platforms, which also impacts physical content. Te Tari Taiwhenua The Department of Internal Affairs has consulted on a discussion paper proposing changes to the frameworks restricting content that harms New Zealanders: safer online services media platforms consultation.

 

This would bring the Classification Office under a new broader framework and may see classifications become voluntary.


Other legislation relevant to collections and challenges to libraries

Other legislation relevant to collections and challenges to libraries

Libraries must understand, apply and educate their users about the Copyright Act, and collection policies should include this responsibility.  Librarians should also be aware of New Zealand's rights framework which includes the New Zealand Bill of Rights Act 1990, Human Rights Act 1993, and Te Tiriti o Waitangi. 


International and other statements

International and other statements

Libraries endorse freedom of access to information and in general oppose censorship. They are guided by the following:

 

  • Universal Declaration of Human Rights (1948) Article 19
    "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers".
  • UNESCO/IFLA Public Library Manifesto 2022
    "Collections and services should not be subject to any form of ideological, political or religious censorship, nor commercial pressures," and "Providing access to a broad range of information and ideas free from censorship".
  • LIANZA Statement on Freedom of Information
    Read the full statement here: LIANZA Statement on Freedom of Information 2020
  • A commitment to intellectual freedom is a core responsibility for the library and information profession.
  • Libraries should be a vital force for intellectual freedom in their communities.
  • Libraries should be a dynamic part of community life, throwing a spotlight on topical issues to stimulate learning and the exchange of information.
  • Libraries and library staff should adhere to the principles of intellectual freedom, uninhibited access to information, freedom of expression, and the protection of their users' privacy.
  • Thus, libraries and librarians should:

    • Avoid censorship and promote non-discrimination

    • Acquire, preserve, and make available the widest variety of materials, reflecting the plurality and diversity of their communities.
    • Ensure that the selection and availability of library materials and services is governed by professional considerations and not by political, moral, or religious views.
    • Where relevant in their library service, make space available for and arrange displays and talks to stimulate learning and the exchange of information, while ensuring all in the community feel welcomed and safe.

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Connect with LIANZA on social media

Contact Us
Terms of Use
Privacy Statement

PO Box 37-170, 
Lower Hutt 5141

officeadmin@lianza.org.nz

 Copyright © 2025 LIANZA