Reprint as at 30 April 2016

Coat of Arms of New Zealand

Broadcasting Act 1989

Public Act
 
1989 No 25
Date of assent
 
27 May 1989
Commencement
 
see section 1
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Culture and Heritage, Te Puni Kōkiri, and the Ministry of Justice.

Contents

Title
1Short Title and commencement
2Interpretation
3Act to bind the Crown
4Responsibility of broadcasters for programme standards
5Principles
6Formal complaints about programmes
7Decisions in respect of formal complaints
8Right of complainant to refer formal complaint to Authority
9Time limits
10Consideration and determination of complaints by Authority
11Power of Authority to decline to determine complaint
12Application of Commissions of Inquiry Act 1908
13Decisions on complaints
13AAdditional powers to make orders in respect of series
14Offences
15Notice of decisions
16Power to award costs
17Enforcement of orders for costs
18Appeal against decision of Authority
19Decision of High Court to be final
19AAdmissibility of evidence
20Establishment of Authority
21Functions of Authority
22Notification and publication of approved codes of broadcasting practice
23Power of Minister to request Authority to consider matter involving broadcasting standards
24Powers of Authority [Repealed]
25Power of Authority to commission surveys [Repealed]
26Membership of Authority
27Term of office of members of Authority [Repealed]
28Continuation of membership
29Delegation of functions or powers by Authority [Repealed]
30Rules in relation to retention of recordings of programmes
30AReturn on total revenue
30BPayment of annual levy
30CAnnual levy
30DRebates
30ERecovery of levies
30FGoods and services tax
30GOffence
31Funds of Authority
32Seal [Repealed]
33Exemption from income tax
34Further provisions applying in respect of Authority
35Establishment of Commission
36Functions of Commission
37Promotion of New Zealand content in programming
38Powers of Commission [Repealed]
39Matters to be taken into account in relation to funding proposals
39AFunding policies
40Requirements in relation to standards
41Requirements in relation to equal employment opportunities
42Prohibition in relation to certain directions
43Contracts in relation to use of funds
44Commission to have regard to Government policy
45Membership of Commission
46Term of office of members of Commission [Repealed]
47Public broadcasting fees [Repealed]
48Funds of Commission [Repealed]
49Administrative expenses [Repealed]
50Refund of amount of administrative expenses [Repealed]
51Exemption from income tax
52Seal [Repealed]
53Further provisions applying in respect of Commission
53AEstablishment of Te Reo Whakapuaki Irirangi
53BFunctions of Te Reo Whakapuaki Irirangi
53CConsultation
53DPowers of Te Reo Whakapuaki Irirangi [Repealed]
53EMatters to be taken into account in relation to funding proposals
53FRequirements in relation to standards
53GRequirements in relation to equal employment opportunities
53HContracts in relation to use of funds
53IMembership of Te Reo Whakapuaki Irirangi
53JTerm of office of members of Te Reo Whakapuaki Irirangi [Repealed]
53KFunds of Te Reo Whakapuaki Irirangi [Repealed]
53LPayment of funds to Te Reo Whakapuaki Irirangi by Commission [Repealed]
53MAdministrative expenses [Repealed]
53NRefund of amount of administrative expenses [Repealed]
53OExemption from income tax
53PSeal [Repealed]
53QCrown entity [Repealed]
53RFurther provisions applying in respect of Te Reo Whakapuaki Irirangi
53STe Reo Whakapuaki Irirangi to have regard to Government policy
54Interpretation [Repealed]
55Shareholding interests [Repealed]
56Control of voting rights [Repealed]
57Shareholding interests derived through other companies [Repealed]
58Shareholding interests derived by overseas persons through other companies [Repealed]
59Aggregation of shareholding interests [Repealed]
60Exemption in respect of life insurance companies [Repealed]
61Restriction on broadcasting by overseas person [Repealed]
62Restriction on overseas ownership of broadcaster [Repealed]
63Special provisions in respect of ownership by overseas person of shareholding interest in company broadcasting sound radio programmes only [Repealed]
64Special provision in respect of incidental acquisition of shares [Repealed]
65Special provision in respect of ownership by life insurance company of shareholding interest in company that broadcasts programmes [Repealed]
66Offence [Repealed]
67Exception in relation to broadcasting outside New Zealand [Repealed]
68Exception in respect of shareholding interests held immediately before 17 May 1989 [Repealed]
69Interpretation
69ALimited application of this Part to by-elections
70Prohibition on paid election programmes
70AObligation of political parties to give notice to Electoral Commission
70BTime by which notice must be given
70CParticulars of notice
70DPersons deemed to be candidates [Repealed]
71Opening addresses and closing addresses to be broadcast free
71AElectoral Commission to ascertain time available for opening addresses and closing addresses
72Electoral Commission to refer statements to political parties
72ALimits on amount of time [Repealed]
72BRadio election programmes confined to broadcasting stations that broadcast advertising programmes [Repealed]
73Allocation of time to political parties
73AObligation of political parties to give notice to Authority [Repealed]
74Amount of public money to be allocated to political parties
74AAllocation of money to political parties
74BApplication and payment of allocation
75Criteria in relation to allocation of time and money to political parties
75AConsultation with broadcasters
76Consultation with political parties
76APower of Electoral Commission to vary allocations
76BRecovery of money from political party
76CProcedure in relation to early elections
76DModifications to application of this Part if section 76C applies
77Broadcasting of opening addresses and closing addresses
77AOpening addresses and closing addresses
77BDuration of television programmes [Repealed]
78Simulcasting of free-to-air television programmes [Repealed]
79Programme standards in relation to election programmes
79AHours during which election programmes prohibited
79BObligation to give identical terms to each political party or candidate
79CReturns in relation to broadcasting time
79DReturns to be available for public inspection
80Offences
80ADuty to report suspected offences
81Advertising hours
82Regulations [Repealed]
83Amendment to Commerce Act 1986 [Repealed]
84Amendment to State-Owned Enterprises Amendment Act 1987
85Amendment to State-Owned Enterprises Act 1986 [Repealed]
86Amendment to Telecommunications Act 1987
87Amendment to State-Owned Enterprises Amendment Act (No 4) 1988
88Consequential amendments
89Repeals and savings
90Revocations
91Savings and transitional provisions in relation to public broadcasting fee [Repealed]
92Transitional provision in relation to broadcasting station levies [Repealed]
93Transitional provisions in relation to Broadcasting Tribunal [Repealed]
94Transitional provisions in relation to appeals under Broadcasting Act 1976 [Repealed]
95Transitional provision in relation to radio apparatus licences [Repealed]
96Final Report of Broadcasting Tribunal [Repealed]
97Transitional provision relating to funding of New Zealand Symphony Orchestra Limited [Repealed]
98Transitional provision in relation to restrictions on broadcasting by overseas persons
[Repealed]
Reprint notes

An Act—

(a)

to provide for the maintenance of programme standards in broadcasting in New Zealand; and

(b)

to establish the Broadcasting Standards Authority and to define its functions and powers; and

(c)

to establish the Broadcasting Commission and to define its functions and powers; and

(d)

to enable political parties to broadcast election programmes for Parliamentary elections free of charge; and

(e)
[Repealed]

(f)

to repeal the Broadcasting Act 1976; and

(g)

to provide for matters incidental thereto

Title paragraph (e): repealed, on 28 February 2003, by section 30 of the Television New Zealand Act 2003 (2003 No 1).