Reprint as at 1 July 2011
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry for Culture and Heritage.
Title
1 Short Title and commencement
2 Interpretation
3 Act to bind the Crown
Part 1Programme standards
4 Responsibility of broadcasters for programme standards
Part 2Complaints
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 3Broadcasting 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24 Powers of Authority [Repealed]
25 Power of Authority to commission surveys [Repealed]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27 Term of office of members of Authority [Repealed]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29 Delegation of functions or powers by Authority [Repealed]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32 Seal [Repealed]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 4Broadcasting 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38 Powers of Commission [Repealed]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 4ATe 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 5Restrictions on broadcasting by overseas persons
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 6Parliamentary 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 7Miscellaneous 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 1Provisions applying in respect of Broadcasting Standards Authority and Broadcasting Commission
Schedule 2Enactments amended
[Repealed]
Schedule 3Repeals
Schedule 4Regulations 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).