Into the River

The classification history of Into the River was complex, controversial, and unique in a number of ways. Between 2013 and 2015, the book was classified four times, and was at one point temporarily prohibited from being sold or otherwise made available to the public. As a direct result, the law was subsequently changed to provide greater flexibility around the imposition of ‘interim restriction orders’.

About the book

Into the River is a young adult novel by New Zealand author Ted Dawe. The story follows main character Te Arepa Santos, a boy from a fictional village on the East Coast of the North Island. Content and themes in the book include bullying, sex, drug use, peer pressure, racism, death and grief. Published in 2012, the novel won the Margaret Mahy Book of the Year Award at the 2013 New Zealand Post Children's Book Awards.

The classification process

This book was classified twice by the Classification Office and twice by the Film and Literature Board of Review:

In July 2013, the Department of Internal Affairs submitted Into the River to the Classification Office as a result of complaints from members of the public.

In September 2013, the Classification Office assigned the book a classification of M (unrestricted) with the descriptive note 'contains sex scenes, offensive language and drug use'.

The organisation Family First disagreed with the classification and applied to the Film and Literature Board of Review, seeking a restricted classification for the book. In December 2013 the Board of Review classified the book R14 (restricting the book’s availability to people age 14 and over) with the note 'parental advisory explicit content'. R14 was a unique classification that had never previously been assigned.

In the following year, there was growing dissatisfaction with the Board’s decision, particularly amongst teachers and librarians, leading to a request by Auckland Libraries to have the Board's decision ‘reconsidered’ by the Classification Office. The Chief Censor allowed the submission to go ahead, and in August 2015 the classification of Into the River was changed again, to 'Unrestricted'. This was the first (and currently only) time the Classification Office has reconsidered, and therefore replaced, a decision of the Board.

“... a restriction would be inconsistent with the right to freedom of expression and is not reasonable or demonstrably justifiable ... This classification reflects the circumstances put to the Classification Office during consultation. In this instance, the suitability of the publication for young persons can best be determined by libraries, schools and parents.”

Classification Office decision, 2015

Following the decision by the Classification Office to remove the R14 restriction, the Board of Review accepted an application by Family First to review the book for a second time. Family First also applied to the President of the Board to have an Interim Restriction Order imposed on the book until the Board decided on a classification. The application was granted.

The Interim Restriction Order made it illegal to supply the book to anyone or to display the book in or within view of a public place. This was the first time that an Interim Restriction Order had ever been imposed on a book. While the order did not mean copies of the book were ‘objectionable’, many people were upset that the book had effectively been temporarily banned, and this led to worldwide media attention.

The Board of Review examined the book again, and this time the majority decision was to classify the book as Unrestricted. Once the decision was registered the Interim Restriction Order was no longer in force, and the book can now be supplied to anyone of any age.

“Although we previously formed the view that an age restriction was justified, in light of the better information available at this review particularly regarding the consequences of a restriction even for those over the restricted age, and in light of the other books and entertainment options that intermediate aged children and younger are exposed to anyway, we do not now consider an age restriction is justifiable.”

Film and Literature Board of Review decision, 2015

Subsequent amendments to the Classification Act

The decision to impose an Interim Restriction Order on the book was especially controversial as it applied to everyone in New Zealand, regardless of age. At this time, this was the only form of Interim Restriction Order available.

To address this issue, Parliament passed the Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017. Following this law change, the President of the Film and Literature Board of Review, and the High Court, now have greater flexibility to tailor these orders depending on context and the nature of the publication being classified. For example, a temporary R16 or R18 restriction could be imposed instead of a temporary ban.