(1) Every broadcaster is responsible for maintaining in its programmes and their presentation, standards which are consistent with—

• (a) The observance of good taste and decency; and

• (b) The maintenance of law and order; and

• (c) The privacy of the individual; and

• (d) The principle that when controversial issues of public importance are discussed, reasonable efforts are made, or reasonable opportunities are given, to present significant points of view either in the same programme or in other programmes within the period of current interest; and

• (e) Any approved code of broadcasting practice applying to the programmes.

(2) Where, in respect of any film within the meaning of the Films, Videos, and Publications Classification Act 1993,—

• (a) There is in force under that Act a decision classifying that film as objectionable; or

• (b) There is in force under that Act a decision classifying that film as if certain excisions had been made,—

no broadcaster,—

• (c) In the case of a film to which paragraph (a) of this subsection applies, shall broadcast that film or any part of that film; or

• (d) In the case of a film to which paragraph (b) of this subsection applies, shall broadcast the film, or any part of the film, if the film or, as the case may be, that part includes any part of the film required to be excised,—

except with the consent of the Chief Censor of Film and Literature and subject to any conditions subject to which the Chief Censor has given the consent.

(3) No broadcaster shall be under any civil liability in respect of any failure to comply with any of the provisions of this section.

This Part of this Act is based on the following principles:

• (a) Broadcasters have a responsibility to deal with complaints relating to broadcasts and must establish a proper procedure to deal with them:

• (b) A body other than the broadcaster must be available to complainants to ensure that broadcasters discharge their responsibilities in relation to programme standards:

• (c) Complaints based merely on a complainant's preferences are not, in general, capable of being resolved by a complaints procedure:

• (d) An independent complaints procedure is not a substitute for proper consideration of complaints by the broadcaster:

• (e) Complaints should be made promptly to the broadcaster:

• (f) Formal complaints must be made in writing:

• (g) Most complaints that are capable of being resolved by an independent complaints procedure should not be required to be resolved by that procedure but should be capable of being resolved by proper consideration and proper response on the part of the broadcaster:

• (h) The first consideration of a complaint should be prompt and without undue formality:

• (i) Further consideration of a complaint calls for greater formality.

(1) Subject to subsection (2) of this section, it is the duty of every broadcaster—

• (a) To receive and consider formal complaints about any programme broadcast by it where the complaint constitutes, in respect of that programme, an allegation that the broadcaster has failed to comply with section 4 of this Act; and

• (b) To publicise the procedures for making such complaints; and

• (ba) To broadcast on each channel or broadcasting station operated by the broadcaster notices (each of which shall be of at least 15 seconds duration) publicising the procedure for making such complaints,—

  • (i) With the equivalent in each year of one notice per day for each day of broadcasting on the channel or broadcasting station; and

  • (ii) With the notices being broadcast at different programming times but in such a manner that the notices are broadcast in the course of a year at all programming times, including prime time and children's programming times; and

• (c) To establish procedures for investigating such complaints.

(2) Nothing in this section requires a broadcaster to receive and consider any complaint that is not lodged in writing with the broadcaster within 20 working days after the date on which the programme to which the complaint relates was broadcast by the broadcaster.

(3) Notwithstanding subsection (2) of this section, a broadcaster must consider a complaint if—

• (a) The complainant has resubmitted the complaint in writing within 30 working days after the date on which the programme to which the complaint relates was broadcast by the broadcaster; and

• (b) The complainant offers reasonable proof that the original complaint was lodged in accordance with subsection (2) of this section.

(1) If a complaint under section 6(1)(a) of this Act is found to be justified, in whole or in part, the broadcaster shall take appropriate action and shall notify the complainant in writing of the action taken.

(2) If a complaint under section 6(1)(a) of this Act is found not to be justified, in whole or in part, the broadcaster shall notify the complainant in writing of the decision.

(3) The broadcaster shall, in notifying a complainant pursuant to subsection (1) or subsection (2) of this section, give to the complainant information concerning the complainant's right, by way of referral to the Authority under section 8 of this Act, to seek an investigation and review of the broadcaster's action or decision, as the case may be.

(1) Subject to section 9 of this Act, where—

• (a) The complainant, in respect of a complaint under section 6(1)(a) of this Act, is dissatisfied with the decision or with the action taken by the broadcaster; or

• (b) Except as provided in subsection (1A) of this section, the complaint is a complaint about a programme (other than an election programme broadcast pursuant to Part 6 of this Act) and the broadcaster has not, within 20 working days after receiving the complaint, notified the complainant of—

  • (i) The decision of the broadcaster; or

  • (ii) The action taken by the broadcaster in relation to the complaint; or

• (ba) The complaint is a complaint about an election programme broadcast pursuant to Part 6 of this Act and the broadcaster has not, within 48 hours after receiving the complaint, notified the complainant of—

  • (i) The decision of the broadcaster; or

  • (ii) The action taken by the broadcaster in relation to the complaint; or

• (c) The complaint constitutes an allegation that a broadcaster has failed to comply with section 4(1)(c) of this Act,—

the complainant may refer the complaint to the Authority.

(1A) Where, within 20 working days after receiving the complaint, the broadcaster gives to the complainant a written notice—

• (a) Stating that the broadcaster will be unable to make, within the prescribed period of 20 working days, a decision with regard to the complaint; and

• (b) Giving the reasons why the broadcaster will be unable to make the decision within the prescribed time,—

subsection (1)(b) of this section shall have effect in relation to that complaint as if, for the expression “20 working days”, there were substituted the expression “40 working days”.

(2) Subsection (1) of this section shall apply in respect of a complaint about an advertising programme only where neither the broadcaster nor the advertiser recognise, in relation to that complaint, the jurisdiction of the Advertising Standards Complaints Board (a board appointed by the Advertising Standards Authority Incorporated).

(3) Except as provided in subsection (2) of this section, nothing in this section entitles a complainant to refer a complaint about an advertising programme to the Authority.

(1) The Authority shall not accept a complaint referred to it under section 8(a) of this Act after the expiry of the period of 20 working days beginning with the first working day after the day on which the complainant received from the relevant broadcaster notice of its decision in relation to the complaint.

(2) The Authority shall not accept a complaint referred to it under section 8(b) of this Act after the expiry of the period of 60 working days beginning with the first working day after the day on which the programme to which the complaint relates was broadcast.

(3) The Authority shall not accept a complaint referred to it under section 8(c) of this Act after the expiry of the period of 20 working days beginning with the first working day after the day on which the programme to which the complaint relates was broadcast.

(1) The Authority may, if it thinks fit, consider and determine any complaint referred to it under section 8 of this Act without a formal hearing, but, in that case,—

• (a) Shall give the complainant and the broadcaster a reasonable opportunity to make submissions to it in writing in relation to the complaint; and

• (b) Shall have regard to all relevant submissions made to it in writing in relation to the complaint.

(2) In considering every complaint referred to it under section 8 of this Act, the Authority shall provide for as little formality and technicality as is permitted by—

• (a) The requirements of this Act; and

• (b) A proper consideration of the complaint; and

• (c) The principles of natural justice.

The Authority may decline to determine a complaint referred to it under section 8 of this Act if it considers—

• (a) That the complaint is frivolous, vexatious, or trivial; or

• (b) That, in all the circumstances of the complaint, it should not be determined by the Authority.

Sections 4B, 4C, 4D, 5, 6, 7, 8, and 9 of the Commissions of Inquiry Act 1908 shall, for the purposes of the Authority's consideration of any complaint referred to it under section 8 of this Act, apply to the Authority—

• (a) As if the Authority were a Commission of Inquiry established under the Commissions of Inquiry Act 1908; and

• (b) As if the Authority's consideration of the complaint were an inquiry for the purposes of the Commissions of Inquiry Act 1908.

(1) If, in the case of a complaint referred to the Authority under section 8 of this Act, the Authority decides that the complaint is justified, in whole or in part, the Authority may make any one or more of the following orders:

• (a) An order directing the broadcaster to publish, in such manner as shall be specified in the order, and within such period as shall be so specified, a statement which relates to the complaint and which is approved by the Authority for the purpose:

• (b) An order to direct the broadcaster to refrain—

  • (i) From broadcasting; or

  • (ii) From broadcasting advertising programmes (including any credit in respect of a sponsorship or underwriting arrangement entered into in relation to a programme),—

  for such period, not exceeding 24 hours, in respect of each programme in respect of which the Authority has decided the complaint is justified, and at such time as shall be specified in the order:

• (c) An order referring the complaint back to the broadcaster for consideration and determination by the broadcaster in accordance with such directions or guidelines as the Authority thinks fit:

• (d) If the Authority finds that the broadcaster has failed to maintain, in relation to any individual, standards that are consistent with the privacy of that individual, an order directing the broadcaster to pay to that individual, as compensation, a sum not exceeding $5,000.

(2) If, in the case of a complaint referred to the Authority under section 8 of this Act, the Authority decides that the complaint is justified, in whole or in part, or is not justified, in whole or in part, the Authority shall give notice in writing of the decision—

• (a) To the broadcaster by which the programme was broadcast; and

• (b) To the complainant.

(3) If a complaint is found to be justified, in whole or in part, the broadcaster by which the programme was broadcast shall—

• (a) Comply with any order made under subsection (1) of this section; and

• (b) Give notice in writing to the Authority and the complainant of the manner in which the order has been complied with.

(4) Every statement published pursuant to an order made under subsection (1) of this section shall be deemed for the purposes of clause 13 of Part 2 of Schedule 1 to the Defamation Act 1992 to be a notice published on the authority of a Court.

(1) Notwithstanding section 13 of this Act, if, in the case of a complaint referred to the Authority under section 8 of this Act, the Authority considers that, in relation to a particular programme within a series, a broadcaster has failed to comply with section 4 of this Act because that programme contains material that—

• (a) Describes, depicts, or otherwise deals with—

  • (i) Acts of torture, the infliction of serious physical harm, or acts of significant cruelty; or

  • (ii) Sexual violence or sexual coercion or violence or coercion in association with sexual conduct; or

  • (iii) Other sexual or physical contact of a degrading, dehumanising, or demeaning nature; or

  • (iv) Sexual conduct with or by children or both; or

  • (v) Physical conduct in which sexual satisfaction is derived from inflicting or suffering cruelty or pain; or

• (b) Exploits the nudity of young children; or

• (c) Promotes or encourages criminal acts or acts of terrorism,—

in a manner that is likely to be injurious to the public good, the Authority may make an order directing the broadcaster to make available to the Authority—

• (d) A copy of any visual recordings; or

• (e) A copy of any transcript; or

• (f) Any other material,—

related to further programmes within the series.

(2) In determining whether or not the broadcasting of any programme within a series is likely to be injurious to the public good, the Authority shall, in addition to the matters specified in subsection (1) of this section, have regard to—

• (a) The dominant effect of the programme as a whole; and

• (b) The impact of the programme given the medium in which the programme is presented; and

• (c) The character of the programme, including any merit, value, or importance the programme has in relation to artistic, social, cultural, educational, scientific, or other matters; and

• (d) The persons, class of persons, or age of persons by whom the programme was intended, or is likely, to be viewed; and

• (e) The purpose of the programme; and

• (f) Any other relevant matter relating to the broadcasting of the programme.

(3) If, after viewing the material referred to in paragraphs (d) to (f) of subsection (1) of this section, the Authority is satisfied that the broadcasting of any programme within the series is likely to be injurious to the public good, the Authority may make one or both of the following orders:

• (a) An order directing that the broadcaster withdraw that programme:

• (b) An order specifying the conditions that must be complied with by any broadcaster who broadcasts the series that is the subject of the complaint or any programme in that series.

(4) If, after viewing the material referred to in paragraphs (d) to (f) of subsection (1) of this section, the Authority is satisfied that the broadcasting of each and every further programme within the series is likely to be injurious to the public good, the Authority may make—

• (a) An order directing that the broadcaster withdraw the series that is the subject of the complaint; or

• (b) An order directing that the broadcaster withdraw one or more specified programmes; or

• (c) An order (which may be made in conjunction with an order made under paragraph (b) of this subsection) specifying the conditions that must be complied with by any broadcaster who broadcasts the series that is the subject of the complaint or any programme in that series.

(5) Where the Authority makes, under subsection (3)(a) or subsection (4)(b) of this section, an order in relation to any programme, no broadcaster shall broadcast that programme.

(6) Where the Authority makes, under subsection (3)(b) or subsection (4)(c) of this section, an order in relation to any series or programmes in a series, no broadcaster shall broadcast, otherwise than in accordance with the conditions specified in the order, that series or any programme in that series.

(7) Where the Authority makes, under subsection (4)(a) of this section, an order in relation to any series, no broadcaster shall broadcast that series or any programme in that series.

Every broadcaster commits an offence and is liable on summary conviction to a fine not exceeding $100,000—

• (a) Who fails to comply with an order made in respect of that broadcaster under section 13(1) of this Act; or

• (b) Who contravenes an order made under section 13A of this Act.

(1) The Authority shall give public notice of the decision of the Authority on each complaint referred to it under section 8 of this Act.

(2) Copies of the decision of the Authority on each complaint referred to it under section 8 of this Act, which copies shall include in each case the Authority's reasons for its decision, shall be procurable by purchase from the Authority at a reasonable price.

(3) Every notice published under subsection (1) of this section shall be deemed for the purposes of clause 6 of Part I of Schedule 1 to the Defamation Act 1992 to be a fair and accurate report of the proceedings of a Court in New Zealand.

(1) Subject to subsection (2) of this section, the Authority may, in any proceedings, order any party to pay to any other party such costs and expenses (including expenses of witnesses) as are reasonable, and may apportion any such costs between the parties in such manner as it thinks fit.

(2) No award of costs shall be made under subsection (1) of this section against the complainant unless—

• (a) In the opinion of the Authority, the complaint is frivolous or vexatious or one that ought not to have been made; or

• (b) The Authority considers it proper to do so by reason of the failure of the complainant to prosecute any proceedings related to the complaint at the time fixed for its hearing or to give adequate notice of the abandonment of any proceeding related to the complaint.

(3) Where, through failure to prosecute any proceeding at the time fixed for its hearing or to give adequate notice of the abandonment of any proceeding, the Authority considers it proper to do so, the Authority may order the party in default to pay to the Crown such sums for costs as it considers reasonable.

(4) Without limiting subsections (1) to (3) of this section, where the Authority finds a complaint against a broadcaster to be justified, in whole or in part, the Authority may order the broadcaster to pay to the Crown by way of costs, within one month after the date on which notice in writing of the decision is given to the broadcaster under section 13(2) of this Act, such sum not exceeding $5,000, as the Authority thinks fit.

(1) For the purpose of enforcing any order of the Authority for the payment of costs, a duplicate of such order may be filed by the person to whom the costs are payable in the office of the Court named in the order and shall thereupon be enforceable in all respects as a final judgment of that Court in its civil jurisdiction.

(2) In every case where an order for costs is made, the order shall name the Court in which the order may, if necessary, be enforced.

(3) The Court so named shall, where the amount recoverable under the order—

• (a) Exceeds $12,000, be the High Court; and

• (b) Does not exceed $12,000, be the District Court.

(1) Where the Authority makes—

• (a) A decision under section 11 of this Act; or

• (b) A decision or order under section 13 or section 13A of this Act,—

the broadcaster or the complainant may appeal to the High Court against the whole or any part of the decision or order.

(2) [Repealed]

(3) Every appeal under this section shall be made by giving notice of appeal within one month after the date on which the appellant was notified of the decision or order appealed against or within such further time as the High Court may allow.

(4) The Court shall hear and determine the appeal as if the decision or order appealed against had been made in the exercise of a discretion.

(5) In its determination of any appeal, the Court may—

• (a) Confirm, modify, or reverse the decision or order appealed against, or any part of that decision or order:

• (b) Exercise any of the powers that could have been exercised by the Authority in the proceedings to which the appeal relates.

(6) [Repealed]

(7) Subject to the provisions of this section, the procedure in respect of any appeal under this section shall be in accordance with rules of Court.

The determination of the High Court on any appeal under section 18 of this Act shall be final.

Except in any proceedings for perjury within the meaning of the Crimes Act 1961 in respect of sworn testimony given before the Authority or in any proceedings for the enforcement of an order made under this Part of this Act,—

• (a) No response made by a broadcaster to any complaint made under this Part of this Act; and

• (b) No statement made or answer given by any person—

  • (i) In the course of the consideration of any complaint made under this Part of this Act; or

  • (ii) In the course of any proceedings before the Authority in relation to any complaint made under this Part of this Act; and

• (c) No decision of the Authority on any complaint made under this Part of this Act; and

• (d) No determination of the High Court on any appeal made under section 18 of this Act,—

shall be admissible in evidence against any person in any Court or in any inquiry or other proceedings.

(1) There is hereby established an Authority to be called the Broadcasting Standards Authority.

(2) The Authority 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 Authority except to the extent that this Act expressly provides otherwise.

(1) The functions of the Authority shall be—

• (a) To receive and determine complaints from persons who are dissatisfied with the outcome of complaints made to broadcasters under section 6(1)(a) of this Act; and

• (b) To receive and determine complaints from persons where the complaint constitutes an allegation that a broadcaster has failed to comply with section 4(1)(c) of this Act, and the complainant has elected to refer the complaint to the Authority in the first instance; and

• (c) To publicise its procedures in relation to complaints; and

• (d) To issue to any or all broadcasters, advisory opinions relating to broadcasting standards and ethical conduct in broadcasting; and

• (e) To encourage the development and observance by broadcasters of codes of broadcasting practice appropriate to the type of broadcasting undertaken by such broadcasters, in relation to—

  • (i) The protection of children:

  • (ii) The portrayal of violence:

  • (iii) Fair and accurate programmes and procedures for correcting factual errors and redressing unfairness:

  • (iv) Safeguards against the portrayal of persons in programmes in a manner that encourages denigration of, or discrimination against, sections of the community on account of sex, race, age, disability, or occupational status or as a consequence of legitimate expression of religious, cultural, or political beliefs:

  • (v) Restrictions on the promotion of liquor:

  • (vi) Presentation of appropriate warnings in respect of programmes, including programmes that have been classified as suitable only for particular audiences:

  • (vii) The privacy of the individual:

• (f) To develop and issue codes of broadcasting practice of the kinds described in paragraph (e) of this subsection in any case where the Authority considers it appropriate:

• (g) To approve, for the purposes of this Act, codes of practice of the kinds described in paragraph (e) of this subsection:

• (h) To conduct research and publish findings on matters relating to standards in broadcasting.

(2) The Authority shall, in encouraging, under subsection (1)(e) of this section, the development by broadcasters of codes of broadcasting practice, encourage broadcasters to consult with persons having an interest in the subject-matter of those codes.

(3) Nothing in subsection (1) of this section shall relate to advertising programmes or any credit in respect of a sponsorship or underwriting arrangement entered into in relation to a programme except where neither the broadcaster nor the advertiser recognise, in relation to a specific complaint, the jurisdiction of the Advertising Standards Complaints Board (a board appointed by the Advertising Standards Authority Incorporated).

(4) When performing its functions under subsection (1)(e), (f), or (g) in relation to a code of practice of the kind described in subsection (1)(e)(vii), the Authority must consult with the Privacy Commissioner appointed under the Privacy Act 1993.

(5) Except as expressly provided otherwise in this or any other Act, the Authority must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

• (a) this Act; and

• (b) any other Act that expressly provides for the functions, powers, or duties of the Authority (other than the Crown Entities Act 2004).

(1) Where a code of broadcasting practice is issued under section 21(1)(f) of this Act or approved under section 21(1)(g) of this Act, the Authority shall publish in the Gazette as soon as practicable a notice—

• (a) Stating that the code of broadcasting practice has been so issued or approved; and

• (b) Indicating where copies of the approved code of broadcasting practice can be purchased.

(2) The Authority shall publish each approved code of broadcasting practice.

(3) Copies of all approved codes of broadcasting practice that are for the time being in force shall be procurable by purchase from the Authority at a reasonable price.

(1) Where the Minister considers it is desirable in the public interest to do so, the Minister may refer any matter relating to broadcasting standards to the Authority and require the Authority to consider whether or not it is appropriate to issue an advisory opinion on the matter under section 21(1)(d) of this Act.

(2) As soon as practicable after referring any matter to the Authority under subsection (1) of this section, the Minister shall publish in the Gazette and lay before the House of Representatives a copy of the reference.

(1) The board of the Authority consists of 4 members, 1 of whom must be appointed as Chairperson.

(1A) One of the members appointed under subsection (1) of this section shall be appointed after consultation by the Minister with such representatives of the broadcasting industry as the Minister thinks fit.

(1B) One of the members appointed under subsection (1) of this section shall be appointed after consultation by the Minister with such representatives of public interest groups in relation to broadcasting as the Minister thinks fit.

(2) The person appointed to be Chairperson of the Authority shall be a barrister or solicitor of not less than 7 years' practice of the High Court, whether or not the person holds or has held judicial office.

(3) Despite clause 9 of Schedule 5 of the Crown Entities Act 2004, a quorum for a meeting of the board of the Authority is 3 members.

(4) For the purposes of any matter before the Authority, the Authority may co-opt any one or more persons whose qualifications or experience are likely, in the opinion of the Authority, to be of assistance to the Authority in dealing with that matter.

(5) Every person co-opted under this section for the purposes of any matter shall be entitled to take part in the Authority's proceedings in relation to that matter, but shall not be entitled to vote thereon.

(6) Where any person co-opted under this section fails to exercise, in relation to any matter, any right conferred on that person by subsection (5) of this section, that failure shall not affect the validity of any meeting, hearing, or other proceeding of the Authority in respect of that matter.

(7) [Repealed]

(1) Where the term of office of a person who is a member of the Authority expires or where a person who is a member of the Authority resigns his or her office, the Minister may request any such person to continue to act as if he or she were a member of the Authority for the purpose of any proceeding in which that person took part and which was commenced before the expiration of his or her term of office or before his or her resignation took effect, as the case may be, and, if any such person agrees to any such request and so acts, he or she shall be deemed, for that purpose and for such period as the Minister determines from time to time, to continue to be a member of the Authority.

(2) This section applies despite section 45 of the Crown Entities Act 2004.

(1) The Authority may from time to time make and promulgate rules in relation to broadcasters to ensure that recordings of programmes broadcast by them are retained by the broadcaster or some other person, and are able to be obtained by the broadcaster when required to do so by the Authority.

(2) Any such rules may apply generally to all broadcasters, or may apply only to broadcasters of specified types or classes, and may from time to time be varied, amended, or revoked.

(3) Any rules made under this section may require a broadcaster, when requested to do so by the Authority, to obtain recordings of programmes broadcast by that broadcaster and to make suitable arrangements to enable the Authority to view or hear any recordings held or obtained by the broadcaster.

(4) Every person commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who fails to comply with any rules made under this section.

(5) Rules made under this section shall be deemed to be regulations for the purposes of the Regulations Act 1936.

(1) Every broadcaster shall, not later than the 31st day of July in each year, give to the Authority a return, for the broadcaster's immediately preceding financial year, of the total operating revenue derived by that broadcaster in that financial year from broadcasting within New Zealand.

(2) The return—

• (a) Shall be in such form and contain such particulars as the Authority may require; and

• (b) Shall be accompanied by a certificate signed by an auditor and stating whether or not, in that auditor's opinion, the return represents a true and fair statement of the total operating revenue derived by the broadcaster in the financial year of the broadcaster to which the return relates from broadcasting within New Zealand.

(3) Notwithstanding subsection (2) of this section, a broadcaster may in any year satisfy the requirements of subsection (1) of this section by giving to the Authority, not later than the 31st day of July in that year, a copy of the broadcaster's financial statement for the financial year of the broadcaster to which the return relates, being a financial statement that contains a statement of the broadcaster's total operating revenue for that financial year.

(4) Where a broadcaster gives to the Authority in accordance with subsection (3) of this section the broadcaster's financial statement for any financial year, the broadcaster's total operating revenue for that financial year, as stated in that financial statement, will, for the purposes of subsection (1) of this section, be deemed to be the total operating revenue derived by that broadcaster in that financial year from broadcasting within New Zealand.

(1) Where a return given to the Authority under section 30A of this Act by a broadcaster shows that, in the financial year of the broadcaster to which the return relates, the broadcaster had a total operating revenue of more than $500,000, that return shall be accompanied by an annual levy calculated in accordance with section 30C of this Act.

(2) The annual levy shall be payable in respect of each financial year of the broadcaster during which programmes are broadcast within New Zealand by the broadcaster.

(3) Where a broadcaster commences broadcasting within New Zealand during the financial year of the broadcaster to which the return under section 30A of this Act relates, no annual levy shall be payable by the broadcaster in respect of that financial year.

(4) The annual levy payable under subsection (1) of this section shall be payable by the broadcaster not later than the 31st day of July of the year in which the return is required to be given to the Authority.

The amount of the annual levy payable under section 30B of this Act by a broadcaster shall be an amount ascertained in accordance with the following formula:

(1) The Authority may grant to a broadcaster a rebate in respect of the whole or any part of the annual levy paid by that broadcaster under section 30B of this Act.

(2) In deciding whether or not to grant a rebate, the Authority shall have regard to—

• (a) Whether or not the broadcaster ceased broadcasting during the financial year of the broadcaster in respect of which the levy was paid; and

• (b) The levy paid by the broadcaster.

Any annual levy that is not paid in accordance with this Act may be recovered from the broadcaster liable at the suit, and in the name, of the Authority in any Court of competent jurisdiction.

The amount of the levy calculated under section 30B of this Act is exclusive of any goods and services tax payable under the Goods and Services Tax Act 1985.

Every broadcaster commits an offence and is liable on summary conviction to a fine not exceeding $100,000 who contravenes section 30A of this Act.

The funds of the Authority include all annual levies paid by broadcasters under section 30B.

The income of the Authority shall be exempt from income tax.

The provisions set out in Schedule 1 to this Act shall apply in respect of the Authority.

(1) There is hereby established a Commission to be called the Broadcasting 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.

The functions of the Commission are—

• (a) To reflect and develop New Zealand identity and culture by—

  • (i) Promoting programmes about New Zealand and New Zealand interests; and

  • (ii) Promoting Maori language and Maori culture; and

• (b) To maintain and, where the Commission considers that it is appropriate, extend the coverage of television and sound radio broadcasting to New Zealand communities that would otherwise not receive a commercially viable signal; and

• (c) To ensure that a range of broadcasts is available to provide for the interests of—

  • (i) Women; and

  • (ii) Youth; and

  • (iii) Children; and

  • (iv) Persons with disabilities; and

  • (v) Minorities in the community including ethnic minorities; and

• (ca) To encourage a range of broadcasts that reflects the diverse religious and ethical beliefs of New Zealanders; and

• (d) To encourage the establishment and operation of archives of programmes that are likely to be of historical interest in New Zealand—

by making funds available, on such terms and conditions as the Commission thinks fit, for—

• (e) Broadcasting; and

• (f) The production of programmes to be broadcast; and

• (g) The archiving of programmes.

The Commission shall, in the exercise of its functions under section 36(a) of this Act,—

• (a) Consult from time to time with—

  • (i) Persons who have an interest in New Zealand broadcasting and the production of programmes in New Zealand; and

  • (ii) Representatives of consumer interests in relation to broadcasting; and

  • (iii) Representatives of Maori interests,—

  being in each case persons or representatives who can, in the opinion of the Commission, assist in the development of the Commission's funding policies; and

• (b) Promote, in its funding of the production of programmes, a sustained commitment by television and radio broadcasters to programming reflecting New Zealand identity and culture; and

• (c) Ensure that, in its funding of the production of television programmes, reasonable provision is made to assist in the production of drama and documentary programmes; and

• (d) Ensure that, in its funding of sound radio broadcasting, reasonable provision is made to assist in the production and broadcasting of drama programmes and in the broadcasting of New Zealand music.

The Commission, in assessing any proposal for the Commission to make funds available for broadcasting or for the production of a programme or programmes to be broadcast, shall have regard to—

• (a) The extent to which the persons seeking the funding for the project to which the proposal relates have sought and secured funding or other resources for the project from sources other than the Commission; and

• (b) The potential size of the audience likely to benefit from the project to which the proposal relates; and

• (c) In the case of a project to maintain or extend the coverage of television broadcasting or sound radio broadcasting, the extent of the likely benefit to the consumers of broadcasting services affected by the project in relation to the cost of the project; and

• (d) In the case of a proposal for the production of a programme or programmes, the extent to which the proposed programme or programmes would contribute to—

  • (i) The Commission meeting its objectives under more than one of the categories specified in paragraphs (a) and (c) of section 36 of this Act; and

  • (ii) The availability of a balanced range of programmes providing for varied interests in the community; and

• (e) In the case of a proposal for the production of a programme or programmes, the likelihood that the proposed programme or programmes, if produced, would be broadcast.

The Commission and Te Reo Whakapuaki Irirangi shall, in carrying out their respective functions under this Act, each have regard to the funding policies adopted by the other.

The Commission shall require from recipients of funding from the Commission in relation to the production of a programme or programmes, in such form as the Commission shall determine, undertakings that the programme or programmes, will be consistent with the standards specified in section 4(1) of this Act.

The Commission may decline to make funds available under section 36 of this Act, where it considers that the prospective recipient is not operating an appropriate equal employment opportunities plan in circumstances where it would be practicable for the prospective recipient to do so.

Nothing in this Act or the Crown Entities Act 2004 authorises the Commission to give a direction to any person to whom the Commission has made funds available under section 36 of this Act, in respect of the editorial content of a particular programme.

In making funds available under section 36 of this Act, the Commission shall, to the extent that, in the opinion of the Commission, it is practicable to do so,—

• (a) Invite competitive proposals for the use of funds made available by the Commission; and

• (b) Ensure by the terms of contracts that the recipients of the funds are obliged both to attain specified standards of performance and to account for the use of the funds; and

• (c) Adopt measures to ensure that recipients of funds comply with the terms referred to in paragraph (b) of this section.

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

(1A) The Minister shall ensure that at all material times the Minister has notified the Commission of the Government's policies, and provided the Commission with an appropriate direction, in respect of the funding of Radio New Zealand Limited.

(2) No responsible Minister or any other Minister, and no person acting by or on behalf of or at the direction of a responsible Minister or any other Minister, may give a direction in respect of—

• (a) A particular programme; or

• (b) The gathering or presentation of news or the preparation or presentation of current affairs programmes.

(3) [Repealed]

The board of the Commission consists of not less than 3, and not more than 6, members.

The income of the Commission shall be exempt from income tax.

The provisions set out in Schedule 1 to this Act shall apply in respect of the Commission.

(1) There is hereby established an agency to be called Te Reo Whakapuaki Irirangi.

(2) The Agency 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 Agency except to the extent that this Act expressly provides otherwise.

The function of Te Reo Whakapuaki Irirangi is to promote Maori language and Maori culture by making funds available, on such terms and conditions as Te Reo Whakapuaki Irirangi thinks fit, for broadcasting and the production of programmes to be broadcast.

Te Reo Whakapuaki Irirangi shall, in the exercise of its function under section 53B of this Act, consult from time to time with representatives of Maori interests, broadcasters, and others, being in each case persons or representatives who can, in the opinion of Te Reo Whakapuaki Irirangi, assist in the development of Te Reo Whakapuaki Irirangi's funding policies.

Te Reo Whakapuaki Irirangi, in assessing any proposal for Te Reo Whakapuaki Irirangi to make funds available for broadcasting or for the production of a programme or programmes to be broadcast, shall have regard to—

• (a) The extent to which the persons seeking the funding for the project to which the proposal relates have sought and secured funding or other resources for the project from sources other than Te Reo Whakapuaki Irirangi; and

• (b) The potential size of the audience likely to benefit from the project to which the proposal relates; and

• (c) The extent to which the intended audience involved has access to services that have as their primary aim the promotion of Maori language and Maori culture; and

• (d) In the case of a proposal for the production of a programme or programmes, the extent to which the proposed programme or programmes would contribute to Te Reo Whakapuaki Irirangi meeting its objective under section 53B of this Act; and

• (e) In the case of a proposal for the production of a programme or programmes, the likelihood that the proposed programme or programmes, if produced, would be broadcast; and

• (f) the needs and preferences of—

  • (i) children participating in te reo Maori immersion education; and

  • (ii) all persons learning te reo Maori.

Te Reo Whakapuaki Irirangi shall require from recipients of funding from Te Reo Whakapuaki Irirangi in relation to the production of a programme or programmes, in such form as Te Reo Whakapuaki Irirangi shall determine, undertakings that the programme or programmes will be consistent with the standards specified in section 4(1) of this Act.

Te Reo Whakapuaki Irirangi may decline to make funds available under section 53B of this Act, where it considers that the prospective recipient is not operating an appropriate equal employment opportunities plan in circumstances where it would be practicable for the prospective recipient to do so.

In making funds available under section 53B of this Act, Te Reo Whakapuaki Irirangi shall, to the extent that, in the opinion of Te Reo Whakapuaki Irirangi, it is practicable to do so,—

• (a) Invite competitive proposals for the use of funds made available by Te Reo Whakapuaki Irirangi; and

• (b) Ensure by the terms of contracts that the recipients of the funds are obliged both to attain specified standards of performance and to account for the use of the funds; and

• (c) Adopt measures to ensure that recipients of funds comply with the terms referred to in paragraph (b) of this section.

The board of Te Reo Whakapuaki Irirangi consists of not more than 7 members.

The income of Te Reo Whakapuaki Irirangi shall be exempt from income tax.

(1) The provisions set out in Schedule 1 to this Act shall apply in respect of Te Reo Whakapuaki Irirangi as if every reference to the Commission were a reference to Te Reo Whakapuaki Irirangi.

(2) [Repealed]

(1) [Repealed]

(2) The Minister may not give a direction in respect of—

• (a) A specific programme; or

• (b) The gathering or presentation of news or the preparation or presentation of current affairs programmes.

(3) Subsection (2) applies despite subpart 1 of Part 3 of the Crown Entities Act 2004.

(1) In this Part of this Act, unless the context otherwise requires,—

(2) Notwithstanding section 2 of this Act, for the purposes of the definition of the term election programme, the term programme includes visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text.

(1) Sections 70A to 77A do not apply in respect of by-elections.

(2) If there is any inconsistency between subsection (1) and any other provision in this Part, subsection (1) prevails.

(1) Except as provided in subsections (2) and (2A) of this section, no broadcaster shall permit the broadcasting, within or outside an election period, of an election programme.

(2) Nothing in subsection (1) of this section applies in respect of—

• (a) an opening address or closing address that is broadcast—

  • (i) for a political party or group of related political parties; and

  • (ii) by TVNZ or RNZ during time allocated to that political party or group of related political parties under section 73(1); or

• (b) An election programme broadcast for a political party or group of related political parties and paid for with money allocated to that political party or group of related political parties under section 74A of this Act; or

• (c) An election programme—

  • (i) Broadcast for a fee or other consideration; and

  • (ii) relating solely to 1 named constituency candidate at an election; and

  • (iii) Used or appearing to be used to promote or procure the election of the candidate; and

  • (iv) Broadcast by the candidate or with the candidate's authority within the 3 months preceding polling day for the election; or

• (d) Any advertisement placed by the Electoral Commission or by the Chief Registrar of Electors, the Chief Electoral Officer, a Registrar of Electors, a Returning Officer, or other official for the purposes of the Electoral Act 1993; or

• (e) Any non-partisan advertisement broadcast, as a community service, by the broadcaster.

(2A) Nothing in subsection (1) of this section restricts the amount of money that a political party or group of related political parties may spend on the production costs of an election programme.

(2B) Nothing in this Act derogates from section 214B of the Electoral Act 1993.

(3) Nothing in subsection (1) of this section restricts the broadcasting, in relation to an election, of news or of comments or of current affairs programmes.

(4) For the purposes of subsection (2)(c)(ii), the term constituency candidate includes a person who has declared his or her intention of becoming a constituency candidate.

(1) In every year in which a Parliament is due to expire, the Electoral Commission shall specify, by notice in the Gazette, a date by which any political party that considers that it will qualify for an allocation of time under section 73 of this Act or of money under section 74A of this Act, in respect of the election period that will apply in relation to the general election to be held in that year, must notify the Electoral Commission in writing that it considers itself to be so qualified.

(2) The date specified under subsection (1) of this section may be a date before the beginning of the election period.

(3) Each political party that considers that it will qualify for an allocation of time under section 73 of this Act or of money under section 74A of this Act in respect of an election period shall notify the Electoral Commission in writing that it considers itself to be so qualified.

Every notice given under section 70A(3) must be given not later than the date specified under section 70A(1).

Every notice given under section 70A(3) of this Act shall state, among other things,—

• (a) The full name of the political party; and

• (b) The name and address of the person providing the notice and the capacity in which he or she provides the notice; and

• (c) Where the person providing the notice is not the Secretary of the political party, the name and address of the Secretary of the political party; and

• (d) [Repealed]

• (e) Details of any relationships that may exist between that political party and any other political parties in New Zealand which the Electoral Commission may need to take into account in allocating time or money to political parties; and

• (f) Either—

  • (i) That the party is registered on the Register of Political Parties; or

  • (ii) that the party is intending to apply for registration on the Register of Political Parties in order to be registered at the date of dissolution or expiry of Parliament; and

• (g) whether or not the political party intends to submit a list under section 127 of the Electoral Act 1993 for the general election to be held in that year.

(1) TVNZ and RNZ must each provide time, free of charge, for the broadcasting, in an election period, of the opening addresses and closing addresses of political parties.

(2) TVNZ must broadcast opening addresses and closing addresses on 1 free-to-air channel with national coverage.

(3) RNZ must broadcast opening addresses and closing addresses on the service known as National Radio.

(4) Opening addresses and closing addresses must be broadcast in accordance with section 77A, (which sets out when, and at what time, opening addresses and closing addresses are to be broadcast, and certain other provisions relating to the broad-casting of opening addresses and closing addresses).

(1) During the term of each Parliament, or as soon as practicable after a Parliament is dissolved or expires, the Electoral Commission must require TVNZ and RNZ to supply a statement of the amount of time that each of them will provide, free of charge, for the broadcasting of the opening addresses and closing addresses of political parties at the next election.

(2) The statement must be supplied to the Electoral Commission within such reasonable time as the Electoral Commission specifies. The Electoral Commission may at any time shorten or extend that deadline, whether before or after it has expired.

(3) A statement provided in accordance with this section—

• (a) may include proposals for the allocation, to political parties, of the time that will be provided for the broad-casting of opening addresses and closing addresses; and

• (b) must state any conditions proposed in relation to the scheduling and duration of opening addresses and closing addresses within the time that the broadcaster will provide.

(4) In making proposals under subsection (3)(a), TVNZ or RNZ, as the case requires, must have regard to the provisions of section 75.

(1) As soon as practicable after receiving statements from TVNZ and RNZ in accordance with section 71A, the Electoral Commission must give a copy of those statements to—

• (a) each political party that has given a notice to the Electoral Commission under section 70A(3); and

• (b) the Minister of Justice.

(2) The Electoral Commission must ensure, as far as practicable, that each of the intended recipients receives copies of the statements on the same day.

(1) In respect of each election period, the Electoral Commission must allocate to political parties, in such proportions as the Electoral Commission considers appropriate, the time that TVNZ and RNZ have made available for opening addresses and closing addresses in accordance with section 71A.

(2) In allocating time to political parties under subsection (1), the Electoral Commission—

• (a) must consider whether any proposals made under section 71A(3)(a) for the allocation of broadcasting time can be adopted either in full or with modifications specified by the Electoral Commission; and

• (b) must modify proposals made under section 71A(3)(a) if, in the opinion of the Electoral Commission, the proposals are not consistent with the provisions of section 75.

(3) The Electoral Commission must not allocate any time to an individual political party under this section if that political party has received an allocation of time under this section as part of a group of related political parties.

(4) This section is subject to sections 75, 75A, and 76.

(1) The Minister of Justice shall notify the Electoral Commission, in respect of each election period, of the amount of money appropriated by Parliament for the purpose of enabling political parties to meet all or part of the costs of broadcasting election programmes.

(2) Where a general election takes place after the year 1990, an amount of money equal to the amount of public money allocated under section 74A or section 77A of this Act in respect of the broadcasting of election programmes at the immediately preceding general election shall, unless an Act of Parliament expressly provides otherwise, be deemed to have been appropriated by Parliament for the purpose of enabling political parties to meet all or part of the costs of broadcasting election programmes at the first-mentioned general election.

(3) Where an amount of money is deemed by subsection (2) of this section to have been appropriated by Parliament for the purpose specified in that subsection, that amount shall be payable out of public money for that purpose without further appropriation than this subsection.

(1) The Electoral Commission shall, in respect of each election period, decide the allocation to political parties of the amount of any money appropriated by Parliament, or deemed to have been appropriated by Parliament, for the purpose of enabling political parties to meet all or part of the costs of broadcasting election programmes during that election period.

(2) The decision made under subsection (1) of this section—

• (a) Shall set out the allocations (which shall be in such proportions as the Electoral Commission thinks fit); and

• (b) May include conditions concerning the manner in which any political party is to expend its allocation.

(3) Conditions included in a decision pursuant to subsection (2)(b) of this section may include conditions requiring the political party or group of related political parties to advise the Electoral Commission of the value of election programme bookings made by the political party or group of related political parties.

(4) Where the Electoral Commission decides under subsection (1) of this section to allocate a sum of money to a political party, the Electoral Commission shall supply a copy of its decision to—

• (a) That political party; and

• (b) The Secretary for Justice.

(5) The Electoral Commission shall not under this section allocate any money to an individual political party if that political party has received an allocation of money under this section as part of a group of related political parties.

(1) Every political party to which an amount of money is allocated under section 74A of this Act—

• (a) Shall expend that money only for the purpose of meeting—

  • (i) The production costs of any election programme broadcast by the political party during the election period; or

  • (ii) The cost of the broadcasting time of any election programme broadcast by the political party during the election period; and

• (b) Shall, in expending that money for the purpose specified in paragraph (a) of this subsection, observe any conditions imposed by the Electoral Commission under section 74A of this Act.

(2) Every political party to which an amount of money is allocated under section 74A must ensure that the Electoral Commission receives, no later than 50 working days after the end of the month in which the election was held,—

• (a) all accounts issued to the political party in respect of the expenditure by that political party of its allocation; and

• (b) any information in relation to those accounts that the Electoral Commission requires.

(2A) No account that is received by the Electoral Commission from a political party after the end of the period specified in subsection (2) may be paid by the Electoral Commission, either in part or in full, from the amount of money allocated to that party under section 74A.

(3) Any account submitted to the Electoral Commission under subsection (2) of this section may be in respect of—

• (a) The production costs of any election programme broadcast by the political party during the election period; or

• (b) The cost of the broadcasting time of any election programme broadcast by the political party during the election period; or

• (c) Both.

(4) When the Electoral Commission is satisfied in relation to any account that the account or any part of the account should be paid, the Electoral Commission shall, out of money appropriated by Parliament, or deemed to have been appropriated by Parliament, for the purpose of enabling political parties to meet all or part of the costs of broadcasting election programmes during the election period, pay to the person who issued the account the amount approved by the Electoral Commission for payment.

(5) An amount of money that has been allocated to a political party under section 74A on or after the commencement of the Broadcasting Amendment Act 2004 and that is not paid out under subsection (4) must be repaid by the Electoral Commission to the Crown.

(1) The Electoral Commission must not allocate any time to a political party under section 73, or make an allocation of money to a political party under section 74A, in respect of an election unless—

• (a) that party was registered on the Register of Political Parties at the time of the dissolution of Parliament for the election or, as the case requires, at the time that Parliament expired; and

• (b) that party has given to the Electoral Commission, in relation to that election, a notice that complies with the requirements of sections 70A(3), 70B, and 70C.

(2) The Electoral Commission shall, in allocating time to a political party under section 73 of this Act or in making under section 74A of this Act an allocation of money to a political party, have regard to—

• (a) The number of persons who voted at the immediately preceding general election for that party and for candidates belonging to that political party; and

• (b) The number of persons who voted at any by-election held since the immediately preceding general election for any candidate belonging to that political party; and

• (c) the number of members of Parliament who were members of that political party immediately before the dissolution or expiration of Parliament; and

• (d) Any relationships that exist between a political party and any other political party; and

• (e) Any other indications of public support for that political party such as the results of public opinion polls and the number of persons who are members of that political party; and

• (f) The need to provide a fair opportunity for each political party to which subsection (1) of this section applies to convey its policies to the public by the broadcasting of election programmes on television.

(3) Despite anything in subsection (1) or subsection (2), an allocation of time to a political party made under section 73 in respect of an election period, or a decision made under section 74A in respect of an election period, may be made before the beginning of the election period.

(1) The Electoral Commission must not allocate time under section 73 or make an allocation of money under section 74A, or make a determination under section 77A(5)(a), unless—

• (a) the Electoral Commission has—

  • (i) consulted with those broadcasters that are likely to be affected by the allocation or determination; and

  • (ii) provided those broadcasters with the opportunity to give the Electoral Commission their comments on the proposed allocation or determination; and

• (b) the Electoral Commission has considered those comments (if any).

(2) If the Electoral Commission adopts in full, under section 73, a proposal made by TVNZ or RNZ under section 71A(3)(a), the Electoral Commission is not required by subsection (1) to consult with that broadcaster.

(3) If, after complying with subsection (1), the Electoral Commission later modifies an allocation or a determination, the Electoral Commission does not have to provide any broadcaster with a further opportunity to comment on the modified allocation or determination.

(4) The failure of any broadcaster to make use of the opportunity to consult with, or to give comments to, the Electoral Commission under subsection (1), or to comply with any other request of the Electoral Commission,—

• (a) does not prevent the Commission making—

  • (i) an allocation of time under section 73; or

  • (ii) an allocation of money under section 74A; or

  • (iii) a determination under section 77A(5)(a); and

• (b) does not affect the validity of any allocation or determination made under any of those sections.

(1) The Electoral Commission must comply with subsection (2)—

• (a) before allocating time to a political party under section 73; and

• (b) before allocating any money under section 74A; and

• (c) before making any determination under section 77A(5)(a).

(2) Before doing any of the things referred to in subsection (1), the Electoral Commission must grant to every political party that has given a notice to the Electoral Commission under section 70A(3) the opportunity to meet with and be heard by the Electoral Commission.

(3) If, after complying with subsection (2), the Electoral Commission later modifies an allocation or a determination, the Electoral Commission does not have to provide any political party with any further opportunity to meet with and be heard by the Electoral Commission.

(4) The failure of any political party to make use of the opportunity to meet with and be heard by the Electoral Commission under subsection (2), or to comply with any other request of the Electoral Commission,—

• (a) does not prevent the Commission making—

  • (i) an allocation of time under section 73; or

  • (ii) an allocation of money under section 74A; or

  • (iii) a determination under section 77A(5)(a); and

• (b) does not affect the validity of any allocation or determination made under any of those sections.

(1) If, after any allocation is made under section 73 or section 74A of this Act,—

• (a) A broadcaster in respect of which an allocation of time has been made ceases to be a broadcaster; or

• (b) A political party does not accept any allocation of time under section 73 of this Act or any allocation of money under section 74A of this Act; or

• (c) The party ceases to be registered; or

• (d) The party fails to submit a list of candidates for election to the seats reserved for those members of Parliament elected from lists pursuant to section 127 of the Electoral Act 1993; or

• (da) the party fails to comply with any conditions imposed by the Electoral Commission under section 74A(2)(b) requiring the political party or group of related political parties to advise the Electoral Commission of the value of election programme bookings made by the political party or group of related parties; or.

• (e) The relationship of the party with any other political party has changed to a significant extent; or

• (f) [Repealed]

the Electoral Commission may, subject to subsection (4) of this section, vary the allocation under section 73 or section 74A of this Act, as the case may require.

(2) The varying of any allocation pursuant to this section shall not require the Electoral Commission to grant to any political party the opportunity to meet with and be heard by the Electoral Commission.

(3) The Electoral Commission shall, in varying any allocation pursuant to this section, have regard to—

• (a) The views of political parties received by the Electoral Commission in the course of consultations undertaken in accordance with section 76 of this Act; and

• (b) Such of the matters referred to in sections 73, 74A, and 75 of this Act, as the case may require.

(4) Where effect has been given in whole or in part to an allocation made under section 73 or section 74A of this Act to a political party, the Electoral Commission shall not vary the allocation pursuant to this section unless—

• (a) The registration of that political party is cancelled under section 70 of the Electoral Act 1993; or

• (b) the secretary of a political party has failed to submit a list of candidates for election under section 127 of the Electoral Act 1993.

• (c) [Repealed]

(1) Where effect has been given in whole or in part to an allocation made under section 74A of this Act and the Electoral Commission, acting under section 76A of this Act varies that allocation, the Electoral Commission may determine that the whole or part of the money paid by or on behalf of the political party or to the political party as a result of that allocation be repaid to the Crown by the political party.

(2) Where the Electoral Commission makes a determination under subsection (1) of this section,—

• (a) The Electoral Commission shall give a copy of that determination to both the political party and the Secretary for Justice; and

• (b) The Secretary for Justice may recover from the political party as a debt due to the Crown the amount specified in the determination as being repayable to the Crown by the political party.

(1) This section applies if, at the time Parliament is dissolved or expires, either—

• (a) the Electoral Commission has not specified a date under section 70A(1) in respect of the election period that will apply in relation to the next general election; or

• (b) the Electoral Commission has specified such a date, but that date has not yet passed.

(2) If this section applies,—

• (a) this Part applies subject to the modifications specified in section 76D; and

• (b) any notice given by the Electoral Commission under section 70A(1) must be disregarded.

(1) At the earliest available opportunity, the Electoral Commission must specify, by notice in the Gazette, a date by which any political party that considers it will qualify for an allocation of time under section 73 or of money under section 74A, in respect of the election period that will apply in relation to the general election, must notify the Electoral Commission that it considers itself to be so qualified.

(2) Each political party that considers it will qualify for an allocation of time under section 73 or of money under section 74A must notify the Electoral Commission, by any means that the party considers appropriate, that it considers itself to be so qualified.

(3) For the purposes of subsection (2) and despite section 75(1), a party is eligible for an allocation of time under section 73 or of money under section 74A if—

• (a) that party was registered on the Register of Political Parties at the time of the dissolution of Parliament for the election or, as the case requires, at the time that Parliament expired; and

• (b) no later than the date specified under subsection (1), that party gives to the Electoral Commission, in relation to the election, a notice that complies with the requirements of subsection (4).

(4) The requirements referred to in subsection (3)(b) are—

• (a) the notice must comply with the requirements of subsection (2):

• (b) the notice must comply with the requirements of paragraphs (a), (b), (c), (e), and (g) of section 70C.

(5) The Electoral Commission may set, for the consultation required under section 75A(1)(a), any time period that is reasonable in the circumstances.

(6) The Electoral Commission may require any political party that wishes to make use of the opportunity to meet with and be heard by the Electoral Commission under section 76(2) to make use of that opportunity within any reasonable period of time that the Electoral Commission specifies.

(1) TVNZ and RNZ must act in accordance with the allocations of time under section 73 applying to them.

(2) Subsection (3) applies if there is a dispute between any of the following concerning the time at which any election programme is to be broadcast free of charge:

• (a) any broadcaster and any political party; or

• (b) any broadcaster and any other broadcaster; or

• (c) any political party and any other political party.

(3) If there is a dispute,—

• (a) the Electoral Commission is to decide the matter in dispute; and

• (b) the Electoral Commission's decision is final.

(1) Opening addresses and closing addresses for which time has been allocated to political parties under section 73 must be broadcast between 7 pm and 9 pm.

(2) All closing addresses must be broadcast on the same night in the last week of the election period.

(3) An advertising programme must not be broadcast—

• (a) during an opening address:

• (b) during a closing address:

• (c) between different closing addresses.

(4) An election programme that is not an opening address or a closing address must not be broadcast—

• (a) during an opening address:

• (b) between different opening addresses that are broadcast on the same night:

• (c) during a closing address:

• (d) between different closing addresses.

(5) The Electoral Commission must—

• (a) determine each amount to be paid to TVNZ or RNZ on account of the production costs of every opening address and every closing address broadcast under section 71; and

• (b) pay that amount to the person who issued the account for the production costs of the opening address or closing address.

(6) Each amount paid under subsection (5)(b) must be paid out of public money appropriated by Parliament (or deemed by section 74(2) to have been appropriated by Parliament) for the purpose specified in section 74(1).

Nothing in section 4(1)(d) of this Act applies in relation to an election programme broadcast pursuant to this Part of this Act.

(1) No broadcaster shall broadcast election programmes on television—

• (a) During the hours between 6 am and noon on—

  • (i) Sunday; or

  • (ii) Anzac Day; or

• (b) On—

  • (i) Christmas Day; or

  • (ii) Good Friday; or

  • (iii) Easter Sunday.

(2) No broadcaster shall broadcast election programmes on sound radio on—

• (a) Christmas Day; or

• (b) Good Friday; or

• (c) Easter Sunday.

(1) No broadcaster shall offer or give to any political party terms for broadcasting time that are more favourable than those offered or given to any other political party that buys or expresses an interest in buying comparable time from that broadcaster.

(2) No broadcaster shall offer or give to any candidate terms for broadcasting time that are more favourable than those offered or given to any other candidate who buys or expresses an interest in buying comparable time from that broadcaster.

(1) After each election, every broadcaster must give the Electoral Commission a complete and accurate written statement of the election programmes broadcast by that broadcaster during the 3-month period immediately preceding polling day for the election.

(2) The statement must be given to the Electoral Commission no later than 10 working days after the end of the month in which the election was held.

(3) The statement must set out the following information in relation to each election programme:

• (a) the candidate or political party for whom the election programme was broadcast:

• (b) the length of the election programme and the time at which it was broadcast:

• (c) the date on which the election programme was broadcast:

• (d) the amount paid for the broadcasting of the election programme, and the rate or rates by which that amount was fixed.

(4) The statement must be signed by or on behalf of the broadcaster.

The Electoral Commission must, not later than 3 working days after it receives a statement under section 79C, make the statement available for public inspection, without payment, at any time between 9 am and 4 pm, on any day on which the office of the Electoral Commission is open.

Every person commits an offence and is liable on summary conviction to a fine not exceeding $100,000 who—

• (a) Fails to comply with section 70 or section 77(1) or section 79A or section 79B or section 79C of this Act; or

• (b) In an election period,—

  • (i) Broadcasts an election programme for or on behalf of a political party; or

  • (ii) Arranges for the broadcasting of an election programme for or on behalf of a political party—

  other than pursuant to, and in conformity with, this Part of this Act.

Where the Electoral Commission believes that any person has committed an offence against section 80, the Electoral Commission must report to the police the facts upon which that belief is based.

(1) Subject to subsection (4) of this section, no broadcaster shall broadcast advertising programmes on television—

• (a) During the hours between 6am and noon on—

  • (i) Sunday; or

  • (ii) Anzac Day; or

• (b) On—

  • (i) Christmas Day; or

  • (ii) Good Friday; or

  • (iii) Easter Sunday.

(2) Subject to subsection (4) of this section, no broadcaster shall broadcast advertising programmes on sound radio on—

• (a) Christmas Day; or

• (b) Good Friday; or

• (c) Easter Sunday.

(3) Every person commits an offence and is liable on summary conviction to a fine not exceeding $100,000 who contravenes subsection (1) or subsection (2) of this section.

(4) Nothing in this section prevents the inclusion in any programme broadcast on television or sound radio of a credit in respect of a sponsorship or underwriting arrangement entered into in relation to that programme.

(5) Nothing in this section applies to any programme broadcast on television, where the signal for that programme—

• (a) Originates outside New Zealand; and

• (b) Is produced and transmitted simultaneously to both New Zealand audiences and audiences outside New Zealand; and

• (c) Is targeted primarily at audiences outside New Zealand.

(6) Nothing in this section prevents the broadcasting of advertising programmes on any broadcasting service that is primarily directed at persons temporarily resident in holiday accommodation.

(1) The State-Owned Enterprises Amendment Act 1987 is hereby amended by repealing so much of Part C of Schedule 1 as relates to—

• (a) The amendment to section 76(3) of the Broadcasting Act 1976 that occurs first in that Part:

• (b) Section 76A(2) of the Broadcasting Act 1976:

• (c) The amendment to section 76A(5) of the Broadcasting Act 1976 that was made in that Part in association with the amendment to section 76A(2) of that Act:

• (d) The amendment to section 77(2) of the Broadcasting Act 1976 that occurs second in that Part:

• (e) Section 78(1) of the Broadcasting Act 1976:

• (f) The amendment to section 81(4) of the Broadcasting Act 1976 that occurs first in that Part.

(2) The Trade and Industry Act Repeal Act 1988 is hereby amended, as from its commencement, by omitting from Schedule 2 the item relating to the State-Owned Enterprises Amendment Act 1987.

(3) This section shall be deemed to have come into force on the 1st day of December 1988.

(1) Section 2(1) of the Telecommunications Act 1987 is hereby amended by inserting, before the definition of the term corporation, the following definition:

(2) Section 2A of the Telecommunications Act 1987 (as inserted by section 4 of the Telecommunications Amendment Act 1988) is hereby amended by repealing subsection (2), and substituting the following subsection:

The State-Owned Enterprises Amendment Act (No 4) 1988 is hereby amended by repealing section 7, and substituting the following section:

The enactments specified in Schedule 2 to this Act are hereby amended in the manner indicated in that Schedule.

(1) The enactments specified in Schedule 3 to this Act are hereby repealed.

(2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of the Broadcasting Amendment Act (No 2) 1988 does not affect the amendments made by section 15 of that Act to—

• (a) [Repealed]

• (b) The Local Authorities (Members' Interests) Act 1968; and

• (c) The Queen Elizabeth the Second Arts Council of New Zealand Act 1974; and

• (d) The Official Information Act 1982; and

• (e) The Civil Defence Act 1983.

The regulations and order specified in Schedule 4 to this Act are hereby revoked.

(1) Within 2 months after the expiration of the quarter ending on the 30th day of June 1989, every person who was at any time in that quarter the holder of a warrant for a private broadcasting station to which regulation 10(2)(a) or regulation 10(2)(c) of the Broadcasting Regulations 1977 applied shall send to the Broadcasting Tribunal a return of the gross income of that station for that quarter.

(2) The return shall be in such form and contain such particulars as were, on the 30th day of June 1989, specified in the rules of the Broadcasting Tribunal under regulation 7 of the Broadcasting Regulations 1977, and shall be audited in accordance with those rules.

(3) On receipt of the return, the Broadcasting Tribunal shall assess the levy payable under those regulations by the maker of the return in respect of the quarter to which the return relates. The Broadcasting Tribunal shall credit to the maker of the return the total of the amounts paid by it in respect of that quarter in accordance with regulation 11 of the Broadcasting Regulations 1977 and any amount of levy overpaid by it shall forthwith be refunded to it by the Broadcasting Tribunal, and any amount of levy remaining payable by it to the Broadcasting Tribunal shall forthwith be paid by it to the Broadcasting Tribunal.

(1) Notwithstanding the repeals and revocations effected by this Act, the Broadcasting Tribunal shall remain in office until the close of the 31st day of December 1989 for the purpose of—

• (a) Exercising its functions in relation to broadcasting station levies that became payable before the 1st day of July 1989 or are payable under section 92 of this Act:

• (b) Hearing and determining any application for—

  • (i) A warrant under the Broadcasting Act 1976; or

  • (ii) An amendment to a warrant under the Broadcasting Act 1976,—

  being an application in relation to which the Broadcasting Tribunal has, before the 1st day of July 1989, commenced receiving evidence:

• (c) Completing or perfecting any matter arising from an appeal or from an application for judicial review.

(2) Notwithstanding the repeals and revocations effected by this Act, the Broadcasting Tribunal shall remain in office until the close of the 31st day of January 1990 for the purpose of exercising its functions in relation to any complaints arising from a programme broadcast on or before the 30th day of June 1989.

(3) Nothing in this section limits the provisions of the Acts Interpretation Act 1924.

(1) Notwithstanding the repeals and revocations effected by this Act, all appeals which, before the 1st day of July 1989, have been made under section 84 of the Broadcasting Act 1976 and which have not been completed or determined before that date shall be completed or determined as if this Act had not been passed.

(2) Notwithstanding the repeals and revocations effected by this Act, the members of the Broadcasting Tribunal who were in office immediately before the commencement of this Act shall continue in office until the close of the 31st day of December 1989 for the purpose of any appeal to which subsection (1) of this section applies, and, for that purpose, the Broadcasting Tribunal, as so continued, may exercise, as if the Broadcasting Act 1976 and the regulations revoked by this Act were still in force, such of its powers and functions, including the power to issue warrants under section 71 of the Broadcasting Act 1976, as are necessary.

(1) Where any person is, at the close of the 30th day of June 1989, the holder of a warrant in force under the Broadcasting Act 1976, that person shall, on the expiration of the radio apparatus licence issued under the Telecommunications Act 1987 under which the person exercised the person's rights under the warrant, have the right, upon payment of the fee prescribed by regulations made under the Telecommunications Act 1987 for the purpose, to have that licence revalidated for the period of 1 year beginning with the expiration of that licence.

(2) Where the Broadcasting Tribunal decides on or after the 1st day of July 1989 that any application for a warrant under the Broadcasting Act 1976 should be granted, the person to whom the warrant would have been issued but for the repeal of that Act shall, upon payment of the fee prescribed by regulations made under the Telecommunications Act 1987 for the purpose, have the right to be granted under that Act the radio apparatus licence that would have been issued to that person to enable that person to exercise the rights that that person would have had under the warrant (which licence shall expire at the end of the period of 1 year beginning with the date on which the fee is paid).

(3) Nothing in this section limits the power of the chief executive of the Ministry of Economic Development,—

• (a) Under section 23(3) of the Telecommunications Act 1987, to include in any licence to which subsection (1) or subsection (2) of this section applies, such terms, conditions, and restrictions as the chief executive of the Ministry of Economic Development thinks fit; or

• (b) Under regulation 15 of the Radio Regulations 1987, to revoke any licence to which subsection (1) or subsection (2) of this section applies or to modify the terms, conditions, or restrictions which apply to that licence.

(4) Where—

• (a) The Broadcasting Tribunal decided, before the close of the 30th day of June 1989, that any application for a warrant under the Broadcasting Act 1976 should be granted; but

• (b) The warrant was not issued to any person before the close of that day,—

subsection (2) of this section shall apply in relation to the person to whom the warrant would have been issued but for the repeal of that Act as if the decision of the Tribunal had been made on or after the 1st day of July 1989.

(5) Where any decision made by the Broadcasting Tribunal (whether made on, before, or after the 1st day of July 1989) is to the effect that any application by any person for a warrant under the Broadcasting Act 1976 should be granted, and that the warrant should be issued to that person in substitution for a warrant already held by that person (in this subsection referred to as the substituted warrant), nothing in subsection (1) or subsection (2) of this section shall entitle that person to be granted a radio apparatus licence under the Radiocommunications Act 1989 in respect of the substituted warrant after the substituted warrant has ceased to be in force.

(6) Where, in respect of any radio apparatus licence—

• (a) That is revalidated pursuant to subsection (1) of this section, or that any person is entitled to have revalidated pursuant to that subsection; or

• (b) That is granted to any person pursuant to subsection (2) of this section, or that any person is entitled to have granted to them pursuant to that subsection,—

any person becomes entitled, pursuant to any provision of Part 16 of the Radiocommunications Act 1989, to be granted a licence under section 48(b) of that Act, subsections (1) and (2) of this section shall cease to apply in respect of that radio apparatus licence.

(1) As soon as practicable after the 31st day of December 1989, the persons who were the members of the Broadcasting Tribunal immediately before the close of that day shall send to the Minister a report of its operations for the period beginning with the 1st day of April 1989 and ending with the close of the 31st day of December 1989.

(2) The report shall be called the Final Report of the Broadcasting Tribunal.

(3) A copy of the Final Report of the Broadcasting Tribunal shall be laid before the House of Representatives by the Minister as soon as practicable after its receipt by the Minister.

(1) Subject to subsection (2) of this section, any approval given by the Broadcasting Tribunal before the 1st day of July 1989 under any provision of Part 5 of the Broadcasting Regulations 1977 so far as it is subsisting or in force at the time of the revocation of those regulations and could have been given by the Minister under Part 5 of this Act shall continue to have effect as if it had been given by the Minister under the corresponding provision of Part 5 of this Act, and as if that provision had been in force when the approval was given.

(2) Any approval that has effect by virtue of subsection (1) of this section may at any time be withdrawn by the Minister; and any condition subject to which any such approval was given may from time to time be revoked, varied, or added to by the Minister.