New Zealand Legislation: Acts

75A Consultation with broadcasters

• (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.

  Section 75A: substituted, on 7 December 2004, by section 13 of the Broadcasting Amendment Act 2004 (2004 No 100).