Reprint as at 1 April 2014

Broadcasting Act 1989

Public Act1989 No 25
Date of assent27 May 1989
Commencementsee 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

1 Short Title and commencement

2 Interpretation

3 Act to bind the Crown

Part 1
Programme standards

4 Responsibility of broadcasters for programme standards

Part 2
Complaints

5 Principles

6 Formal complaints about programmes

7 Decisions in respect of formal complaints

8 Right of complainant to refer formal complaint to Authority

9 Time limits

10 Consideration and determination of complaints by Authority

11 Power of Authority to decline to determine complaint

12 Application of Commissions of Inquiry Act 1908

13 Decisions on complaints

13A Additional powers to make orders in respect of series

14 Offences

15 Notice of decisions

16 Power to award costs

17 Enforcement of orders for costs

Appeals

18 Appeal against decision of Authority

19 Decision of High Court to be final

Evidence

19A Admissibility of evidence

Part 3
Broadcasting Standards Authority

20 Establishment of Authority

21 Functions of Authority

22 Notification and publication of approved codes of broadcasting practice

23 Power of Minister to request Authority to consider matter involving broadcasting standards

24 Powers of Authority [Repealed]

25 Power of Authority to commission surveys [Repealed]

26 Membership of Authority

27 Term of office of members of Authority [Repealed]

28 Continuation of membership

29 Delegation of functions or powers by Authority [Repealed]

30 Rules in relation to retention of recordings of programmes

30A Return on total revenue

30B Payment of annual levy

30C Annual levy

30D Rebates

30E Recovery of levies

30F Goods and services tax

30G Offence

31 Funds of Authority

32 Seal [Repealed]

33 Exemption from income tax

34 Further provisions applying in respect of Authority

Part 4
Broadcasting Commission

35 Establishment of Commission

36 Functions of Commission

37 Promotion of New Zealand content in programming

38 Powers of Commission [Repealed]

39 Matters to be taken into account in relation to funding proposals

39A Funding policies

40 Requirements in relation to standards

41 Requirements in relation to equal employment opportunities

42 Prohibition in relation to certain directions

43 Contracts in relation to use of funds

44 Commission to have regard to Government policy

45 Membership of Commission

46 Term of office of members of Commission [Repealed]

47 Public broadcasting fees [Repealed]

48 Funds of Commission [Repealed]

49 Administrative expenses [Repealed]

50 Refund of amount of administrative expenses [Repealed]

51 Exemption from income tax

52 Seal [Repealed]

53 Further provisions applying in respect of Commission

Part 4A
Te Reo Whakapuaki Irirangi

53A Establishment of Te Reo Whakapuaki Irirangi

53B Functions of Te Reo Whakapuaki Irirangi

53C Consultation

53D Powers of Te Reo Whakapuaki Irirangi [Repealed]

53E Matters to be taken into account in relation to funding proposals

53F Requirements in relation to standards

53G Requirements in relation to equal employment opportunities

53H Contracts in relation to use of funds

53I Membership of Te Reo Whakapuaki Irirangi

53J Term of office of members of Te Reo Whakapuaki Irirangi [Repealed]

53K Funds of Te Reo Whakapuaki Irirangi [Repealed]

53L Payment of funds to Te Reo Whakapuaki Irirangi by Commission [Repealed]

53M Administrative expenses [Repealed]

53N Refund of amount of administrative expenses [Repealed]

53O Exemption from income tax

53P Seal [Repealed]

53Q Crown entity [Repealed]

53R Further provisions applying in respect of Te Reo Whakapuaki Irirangi

53S Te Reo Whakapuaki Irirangi to have regard to Government policy

Part 5
Restrictions on broadcasting by overseas persons

[Repealed]

54 Interpretation [Repealed]

55 Shareholding interests [Repealed]

56 Control of voting rights [Repealed]

57 Shareholding interests derived through other companies [Repealed]

58 Shareholding interests derived by overseas persons through other companies [Repealed]

59 Aggregation of shareholding interests [Repealed]

60 Exemption in respect of life insurance companies [Repealed]

61 Restriction on broadcasting by overseas person [Repealed]

62 Restriction on overseas ownership of broadcaster [Repealed]

63 Special provisions in respect of ownership by overseas person of shareholding interest in company broadcasting sound radio programmes only [Repealed]

64 Special provision in respect of incidental acquisition of shares [Repealed]

65 Special provision in respect of ownership by life insurance company of shareholding interest in company that broadcasts programmes [Repealed]

66 Offence [Repealed]

67 Exception in relation to broadcasting outside New Zealand [Repealed]

68 Exception in respect of shareholding interests held immediately before 17 May 1989 [Repealed]

Part 6
Parliamentary election programmes

69 Interpretation

69A Limited application of this Part to by-elections

70 Prohibition on paid election programmes

70A Obligation of political parties to give notice to Electoral Commission

70B Time by which notice must be given

70C Particulars of notice

70D Persons deemed to be candidates [Repealed]

71 Opening addresses and closing addresses to be broadcast free

71A Electoral Commission to ascertain time available for opening addresses and closing addresses

72 Electoral Commission to refer statements to political parties

72A Limits on amount of time [Repealed]

72B Radio election programmes confined to broadcasting stations that broadcast advertising programmes [Repealed]

73 Allocation of time to political parties

73A Obligation of political parties to give notice to Authority [Repealed]

74 Amount of public money to be allocated to political parties

74A Allocation of money to political parties

74B Application and payment of allocation

75 Criteria in relation to allocation of time and money to political parties

75A Consultation with broadcasters

76 Consultation with political parties

76A Power of Electoral Commission to vary allocations

76B Recovery of money from political party

76C Procedure in relation to early elections

76D Modifications to application of this Part if section 76C applies

77 Broadcasting of opening addresses and closing addresses

77A Opening addresses and closing addresses

77B Duration of television programmes [Repealed]

78 Simulcasting of free-to-air television programmes [Repealed]

79 Programme standards in relation to election programmes

79A Hours during which election programmes prohibited

79B Obligation to give identical terms to each political party or candidate

79C Returns in relation to broadcasting time

79D Returns to be available for public inspection

80 Offences

80A Duty to report suspected offences

Part 7
Miscellaneous provisions

81 Advertising hours

82 Regulations [Repealed]

83 Amendment to Commerce Act 1986 [Repealed]

84 Amendment to State-Owned Enterprises Amendment Act 1987

85 Amendment to State-Owned Enterprises Act 1986 [Repealed]

86 Amendment to Telecommunications Act 1987

87 Amendment to State-Owned Enterprises Amendment Act (No 4) 1988

88 Consequential amendments

89 Repeals and savings

90 Revocations

91 Savings and transitional provisions in relation to public broadcasting fee [Repealed]

92 Transitional provision in relation to broadcasting station levies [Repealed]

93 Transitional provisions in relation to Broadcasting Tribunal [Repealed]

94 Transitional provisions in relation to appeals under Broadcasting Act 1976 [Repealed]

95 Transitional provision in relation to radio apparatus licences [Repealed]

96 Final Report of Broadcasting Tribunal [Repealed]

97 Transitional provision relating to funding of New Zealand Symphony Orchestra Limited [Repealed]

98 Transitional provision in relation to restrictions on broadcasting by overseas persons

Schedule 1
Provisions applying in respect of Broadcasting Standards Authority and Broadcasting Commission

Schedule 2
Enactments amended

[Repealed]

Schedule 3
Repeals

Schedule 4
Regulations and orders revoked

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).