New Zealand Film Commission Act 1978

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

New Zealand Film Commission Act 1978

Public Act1978 No 61
Date of assent12 October 1978
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry for Culture and Heritage.


An Act to establish the New Zealand Film Commission, and to define its functions, powers, and duties

1 Short Title and commencement
  • (1) This Act may be cited as the New Zealand Film Commission Act 1978.

    (2) This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.

    Section 1(2): this Act brought into force, on 13 November 1978, by the New Zealand Film Commission Act Commencement Order 1978 (SR 1978/292).

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Commission means the New Zealand Film Commission established by section 3

    film includes a photographic film, or a recording on magnetic tape or on any other material, from which a series of images, with or without associated sounds, may be produced

    Minister means the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act.

    Section 2 appointed member: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 2 financial year: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 2 Minister: substituted, on 1 October 2000, by section 12 of the Archives, Culture, and Heritage Reform Act 2000 (2000 No 32).

Constitution

3 New Zealand Film Commission
  • (1) There is hereby established a Commission to be called the New Zealand Film Commission.

    (2) The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

    (3) The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.

    (4) The Commission consists of not less than 6 or more than 9 persons.

    (5) Members of the Commission are the board for the purposes of the Crown Entities Act 2004.

    Section 3(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 3(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 3(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 3(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

4 Term of office of appointed members
  • [Repealed]

    Section 4: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

5 Extraordinary vacancies
  • [Repealed]

    Section 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

6 Deputy chairman
  • [Repealed]

    Section 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

6A Alternate members of Commission
  • [Repealed]

    Section 6A: repealed, on 1 July 1994, by section 3(3) of the New Zealand Film Commission Amendment Act 1994 (1994 No 49).

7 Deputy of Secretary for Internal Affairs
  • [Repealed]

    Section 7: repealed, on 1 July 1994, by section 3(4) of the New Zealand Film Commission Amendment Act 1994 (1994 No 49).

8 Meetings of Commission
  • [Repealed]

    Section 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

9 Committees
  • [Repealed]

    Section 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

9A Disclosure of interests
  • [Repealed]

    Section 9A: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

10 Remuneration of members of Commission and committees
  • [Repealed]

    Section 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

11 Proceedings not affected by irregularities
  • [Repealed]

    Section 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

12 Limitation of personal liability of members
  • [Repealed]

    Section 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

13 Staff
  • (1) The Commission shall from time to time appoint a chief executive officer of the Commission.

    (2) Section 117 of the Crown Entities Act 2004 applies.

    (3) [Repealed]

    (4) [Repealed]

    (5) [Repealed]

    (6) [Repealed]

    (7) [Repealed]

    (8) [Repealed]

    Section 13(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 13(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 13(4): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 13(5): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 13(6): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 13(7): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 13(8): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

14 Status of members and staff
  • [Repealed]

    Section 14: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

15 Delegation of powers
  • (1) [Repealed]

    (2) The Commission must not delegate to a member, officer, committee, or agent any power to borrow money.

    (3) In other respects, section 73 of the Crown Entities Act 2004 applies.

    (4) [Repealed]

    (5) [Repealed]

    Section 15(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 15(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 15(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 15(4): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 15(5): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

16 Rules
  • [Repealed]

    Section 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Functions and powers

17 Functions of Commission
  • (1) The Commission shall have the following functions:

    • (a) to encourage and also to participate and assist in the making, promotion, distribution, and exhibition of films:

    • (b) to encourage and promote cohesion within the New Zealand film industry, and in particular—

      • (i) to encourage and promote the exchange of information among persons engaged in the film industry; and

      • (ii) to encourage and promote the efficient use of available resources within the New Zealand film industry; and

      • (iii) to co-operate with other interested or affected bodies and organisations in order to encourage and promote employment in the New Zealand film industry, and the productivity of that industry:

    • (c) to encourage and promote the proper maintenance of films in archives:

    • (d) to encourage and promote, for the benefit of the New Zealand film industry, the study and appreciation of films and of film making:

    • (e) to gather, collate, disseminate, and publish information that, in the opinion of the Commission, relates to the making, promotion, distribution, and exhibition of films:

    • (f) to advise the Minister on matters relating to or affecting the functions of the Commission.

    (1A) The Minister may not give a direction to the Commission in relation to cultural matters.

    (2) [Repealed]

    Section 17(1A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 17(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

18 Content of films
  • (1) In carrying out its functions, the Commission shall not make financial assistance available to any person in respect of the making, promotion, distribution, or exhibition of a film unless it is satisfied that the film has or is to have a significant New Zealand content.

    (2) For the purposes of determining whether or not a film has or is to have a significant New Zealand content, the Commission shall have regard to the following matters:

    • (a) the subject of the film:

    • (b) the locations at which the film was or is to be made:

    • (c) the nationalities and places of residence of—

      • (i) the authors, scriptwriters, composers, producers, directors, actors, technicians, editors, and other persons who took part or are to take part in the making of the film; and

      • (ii) the persons who own or are to own the shares or capital of any company, partnership, or joint venture that is concerned with the making of the film; and

      • (iii) the persons who have or are to have the copyright in the film:

    • (d) the sources from which the money that was used or is to be used to make the film was or is to be derived:

    • (e) the ownership and whereabouts of the equipment and technical facilities that were or are to be used to make the film:

    • (f) any other matters that in the opinion of the Commission are relevant to the purposes of this Act.

    (2A) A film shall be deemed to have a significant New Zealand content if it is made pursuant to an agreement or arrangement entered into in respect of the film between—

    • (a) the Government of New Zealand or the Commission; and

    • (b) the Government of another country or relevant public authority of another country.

    (3) In carrying out its functions, the Commission shall in relation to the content of any film have due regard to the observance of standards that are generally acceptable in the community.

    Section 18(2A): inserted, on 17 December 1985, by section 2 of the New Zealand Film Commission Amendment Act 1985 (1985 No 187).

19 General powers of Commission
  • (1) For the purposes of carrying out its functions, the Commission may from time to time do all or any of the following things:

    • (a) make advances, grants, or awards of money to any person in connection with the making, promotion, distribution, or exhibition of any film:

    • (b) subscribe for, purchase, or otherwise acquire any shares, stocks, or interest, or otherwise participate in any body corporate, firm, or joint venture that is or is to be involved in any specific project or series of projects relating to films:

    • (c) organise, participate in, or act as an agent for any consortium for the purposes of assisting the film industry:

    • (d) give or receive guarantees or indemnities in respect of the making, promotion, distribution, or exhibition of films (subject, in the case of the giving of a guarantee or indemnity by the Commission, to ensuring that sufficient funds will be available to meet the liability of the Commission under any such guarantee or indemnity as that liability arises):

    • (e) participate in the management of enterprises to whose finances it has contributed:

    • (f) acquire any copyright or other rights in respect of any film:

    • (g) [Repealed]

    • (h) [Repealed]

    • (i) [Repealed]

    • (j) [Repealed]

    • (k) make charges for the provision of any of its services or the use of any of its facilities.

    • (l) [Repealed]

    (2) In the exercise of its powers under subsection (1), the Commission may—

    • (a) make advances with or without security, and at such rates of interest as it determines or free of interest; and

    • (b) guarantee, with or without security and with or without making any charge, advances made by any person to any other person; and

    • (c) with the consent of the Minister of Finance, establish endowments or create trusts, on such terms and conditions and for such objects within the purposes of this Act as the Commission thinks fit, and appoint trustees in respect of any such trusts.

    (3) Notwithstanding subsection (1) or subsection (2), in giving a guarantee or indemnity the Commission shall not undertake any liability that, by itself or in the aggregate with its liability under all other guarantees and indemnities for the time being given by it, exceeds an amount that is for the time being approved by the Minister of Finance.

    (4) Any trustees appointed in respect of a trust established under subsection (1) shall keep the accounts of the trust in such manner as may be directed by the Commission and approved by the Auditor-General.

    (5) This section does not limit sections 16 and 17 of the Crown Entities Act 2004.

    Section 19(1)(g): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 19(1)(h): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 19(1)(i): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 19(1)(j): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 19(1)(l): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 19(4): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

    Section 19(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Financial provisions

20 Funds of Commission
  • [Repealed]

    Section 20: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

21 Estimates of expenditure
  • [Repealed]

    Section 21: repealed, on 7 May 1999, by section 2 of the New Zealand Film Commission Amendment Act 1999 (1999 No 42).

22 Annual grants to Commission
  • [Repealed]

    Section 22: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

23 Gifts
  • Any local authority within the meaning of the Local Government Act 2002, public body, body corporate, trustee or trustees, unincorporated body of persons, or other person may, unless expressly prohibited from doing so by any enactment or by the terms of any trust or endowment, make to the Commission any gifts of real property, or of money or other personal property; and the Commission may accept any gifts so made.

    Section 23: amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

24 Borrowing powers
  • [Repealed]

    Section 24: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

25 Bank accounts
  • [Repealed]

    Section 25: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

26 Overdrafts
  • [Repealed]

    Section 26: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

27 Investment of money
  • [Repealed]

    Section 27: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

28 Unauthorised expenditure
  • [Repealed]

    Section 28: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

29 Commission to be a charity for certain purposes
  • For the purposes of the Inland Revenue Acts (as defined in section 3 of the Tax Administration Act 1994), and for the purposes of the Gambling Act 2003, the Commission is hereby declared to have been established exclusively for charitable purposes in New Zealand.

    Section 29: amended, on 1 July 2004, by section 374 of the Gambling Act 2003 (2003 No 51).

    Section 29: amended, on 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).

30 Crown entity
  • [Repealed]

    Section 30: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

31 Auditor-General to be auditor of Commission
  • [Repealed]

    Section 31: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Miscellaneous provisions

32 Annual report
  • [Repealed]

    Section 32: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

33 Tabling of report in Parliament
  • [Repealed]

    Section 33: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).

34 Protection of name
  • (1) No body shall be incorporated or registered, under any enactment or in any other manner,—

    • (a) under the name New Zealand Film Commission; or

    • (b) under any other name that so resembles the name of the Commission as to be likely to mislead any person.

    (2) No person other than the Commission shall, by himself or with any other person or persons,—

    • (a) trade or carry on business under the name New Zealand Film Commission; or

    • (b) trade or carry on business under any other name, knowing that the name so resembles the name of the Commission as to be likely to mislead any person.

    (3) Any person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $200.

    (4) In any criminal proceedings in which a person is charged with having contravened subsection (2), it shall be a defence to the charge if he proves that, either by himself or with any other person or persons, he has carried on business continuously under the name to which the charge relates since any date before 23 August 1978.

    Section 34(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

35 Application of other enactments
  • The enactments specified in the Schedule are hereby amended in the manner indicated in that schedule.

36 Transitional provisions
  • [Repealed]

    Section 36: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).


Schedule
Enactments amended

s 35

Higher Salaries Commission Act 1977 (1977 No 110)

Amendment(s) incorporated in the Act(s).

Local Authorities (Members' Interests) Act 1968 (1968 No 147) (Reprinted 1974, Vol 3, p 2399)

Amendment(s) incorporated in the Act(s).

Public Bodies Contracts Act 1959 (1959 No 98) (Reprinted 1975, Vol 3, p 2251)

Amendment(s) incorporated in the Act(s).


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the New Zealand Film Commission Act 1978. The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)