Broadcasting Act 1989

2 Interpretation

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

  Advertising programme—

  • (a) Means a programme or part of a programme that—

    • (i) Is primarily intended to promote—

      • (A) The interest of any person; or

      • (B) Any product or service for the commercial advantage of any person; and

    • (ii) Is a programme or a part of a programme for which payment is made, whether in money or otherwise; and

  • (b) Includes a credit in respect of a sponsorship or underwriting arrangement, being a credit that—

    • (i) Is intended to promote any of the matters specified in paragraph (a)(i) of this definition; and

    • (ii) Is a credit for which payment is made, whether in money or otherwise; but

  • (c) Does not include programme material that is the subject of a credit to which paragraph (b) of this definition applies; and

  • (d) Does not include any programme or credit of the kind described in paragraph (a) or paragraph (b) of this definition—

    • (i) That promotes a scheduled programme on behalf of a broadcaster; or

    • (ii) That promotes only a station identity on behalf of a broadcaster; or

    • (iii) That constitutes an election programme:

  Advertising programme: this definition was substituted, as from 8 July 1993, by section 2 of Broadcasting Amendment Act 1993 (1993 No 69).

  Approved code of broadcasting practice means a code of broadcasting practice—

  • (a) Developed and issued under section 21(1)(f) of this Act; or

  • (b) Approved for the purposes of this Act under section 21(1)(g) of this Act:

  Approved financial reporting standard has the meaning given to that term by section 2(1) of the Financial Reporting Act 1993

  Approved financial reporting standard: this definition was inserted, as from 1 July 1996, by section 2 Broadcasting Amendment Act 1996 (1996 No 53).

  Authority means the Broadcasting Standards Authority established by section 20 of this Act

  Broadcaster means, subject to subsection (2) of this section, a person who broadcasts programmes

  Broadcaster: this definition was substituted, as from 28 August 1990, by section 3(1) Broadcasting Amendment Act (No 2) 1990 (1990 No 103).

  Broadcasting means any transmission of programmes, whether or not encrypted, by radio waves or other means of telecommunication for reception by the public by means of broadcasting receiving apparatus but does not include any such transmission of programmes—

  • (a) Made on the demand of a particular person for reception only by that person; or

  • (b) Made solely for performance or display in a public place:

  Commission means the Broadcasting Commission established by section 35 of this Act

  Individual has the same meaning as in section 2(1) of the Privacy Act 1993

  Individual: this definition was inserted, as from 1 July 2000, by section 3(1) Broadcasting Amendment Act 2000 (2000 No 3).

  Liquor has the meaning given to that term by section 2 of the Sale of Liquor Act 1962

  Minister means, in relation to a Part of this Act, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Part

  Minister: this definition was substituted, as from 28 August 1990, by section 3(2) Broadcasting Amendment Act (No 2) 1990 (1990 No 103).

  Minister: this definition was substituted, as from 1 July 2000, by section 3(2) Broadcasting Amendment Act 2000 (2000 No 3).

  Programme—

  • (a) Means sounds or visual images, or a combination of sounds and visual images, intended—

    • (i) To inform, enlighten, or entertain; or

    • (ii) To promote the interests of any person; or

    • (iii) To promote any product or service; but

  • (b) Does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text:

  Publish includes broadcast

  Series—

  • (a) Means two or more related sequential programmes; but

  • (b) Does not include any news or current affairs programme:

  Series: this definition was inserted, as from 1 July 1996, by section 2 Broadcasting Amendment Act 1996 (1996 No 53).

  total revenue means all income classified as revenue by the applicable financial reporting standard approved under section 24 of the Financial Reporting Act 1993.

  Working day means any day of the week other than—

  • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

  • (b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.

  (2) For the purposes of this Act, a person who supplies transmission services to a person who broadcasts programmes is not, by reason only of the provision of those services, a broadcaster within the meaning of this Act unless the person who provides the transmission services is, where the person who broadcasts programmes is a company, in a position to exercise control, either alone or in association with any other person, of—

  • (a) The operations of that company; or

  • (b) The management of any broadcasting station operated by that company; or

  • (c) The management of programmes broadcast by that company; or

  • (d) The selection or provision of programmes to be broadcast by that company.

  Compare: 1976 No 132 s 2(1); 1982 No 178 s 2(1)

  Section 2(1) total operating revenue: repealed, on 20 September 2007, by section 4(1) of the Broadcasting Amendment Act 2007 (2007 No 42).

  Section 2(1) total revenue: inserted, on 20 September 2007, by section 4(2) of the Broadcasting Amendment Act 2007 (2007 No 42).

  Subsection (2) was inserted, as from 28 August 1990, by section 3(3) Broadcasting Amendment Act (No 2) 1990 (1990 No 103).