Reprint as at 21 March 2017

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24Powers of Authority [Repealed]
25Power of Authority to commission surveys [Repealed]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27Term of office of members of Authority [Repealed]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29Delegation of functions or powers by Authority [Repealed]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32Seal [Repealed]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38Powers of Commission [Repealed]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 [Repealed]
70Broadcasting election programmes
70AObligation of political parties to give notice to Electoral Commission [Repealed]
70BTime by which notice must be given [Repealed]
70CParticulars of notice [Repealed]
70DPersons deemed to be candidates [Repealed]
71Hours during which broadcast of election programmes prohibited
71AElectoral Commission to ascertain time available for opening addresses and closing addresses [Repealed]
72Obligation to give identical terms to each party or constituency candidate
72ALimits on amount of time [Repealed]
72BRadio election programmes confined to broadcasting stations that broadcast advertising programmes [Repealed]
73Programme standards in relation to election programmes
73AObligation of political parties to give notice to Authority [Repealed]
74Public money to be appropriated for funding election programmes and election advertising in relation to general election
74AAllocation of money to political parties [Repealed]
74BApplication and payment of allocation [Repealed]
75Electoral Commission to set date for parties to notify qualification for allocation
75AConsultation with broadcasters [Repealed]
76Parties to give notice of qualification
76APower of Electoral Commission to vary allocations [Repealed]
76BRecovery of money from political party [Repealed]
76CProcedure in relation to early elections [Repealed]
76DModifications to application of this Part if section 76C applies [Repealed]
77Consultation with parties
77AOpening addresses and closing addresses [Repealed]
77BDuration of television programmes [Repealed]
78Criteria for allocating money to party
79Allocation decision
79AHours during which election programmes prohibited [Repealed]
79BObligation to give identical terms to each political party or candidate [Repealed]
79CReturns in relation to broadcasting time [Repealed]
79DReturns to be available for public inspection [Repealed]
80Electoral Commission may vary allocation
80AHow allocation may be used
80BPayment of allocation
80CApportionment of publishing costs incurred in relation to election advertisements published both before and during election period
80DCost funded from party allocation not party election expense
80EReturn of party’s allocation expenses
80FRecovery of money from party
80GProcedure in relation to early elections
80HModification to application of this Part if section 80G applies
80IOffences relating to broadcasting
80JDuty 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).

 
1 Short Title and commencement

(1)

This Act may be cited as the Broadcasting Act 1989.

(2)

Except as provided in subsection (3) and in section 84(3), this Act shall come into force on 1 July 1989.

(3)

Parts 3 and 4, sections 82 and 87, and Schedule 1 shall come into force on the day on which this Act receives the Royal assent.

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); 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) applies; and

(d)

does not include any programme or credit of the kind described in paragraph (a) or paragraph (b)—

(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

alcohol has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012

approved code of broadcasting practice means a code of broadcasting practice—

(a)

developed and issued under section 21(1)(f); or

(b)

approved for the purposes of this Act under section 21(1)(g)

Authority means the Broadcasting Standards Authority established by section 20

broadcaster means, subject to subsection (2), a person who broadcasts programmes

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

content, in relation to transmitting on demand, means—

(a)

programmes:

(b)

visual images that consist predominantly of alphanumeric text and software intended to—

(i)

inform, enlighten, or entertain; or

(ii)

promote the interests of any person; or

(iii)

promote any product or service

election programme,—

(a)

in the definition of advertising programme and in sections 8 and 21, means a programme broadcast under Part 6; and

(b)

in Part 6, has the meaning given to it by section 69

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

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

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 2 or more related sequential programmes; but

(b)

does not include any news or current affairs programme

total revenue means all income classified as revenue by the applicable financial reporting standard (within the meaning of section 5 of the Financial Reporting Act 2013)

transmit on demand means the transmission of content, by any means, made on the demand of a particular person for reception by that person

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

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in any year and ending with 15 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) advertising programme: substituted, on 8 July 1993, by section 2 of the Broadcasting Amendment Act 1993 (1993 No 69).

Section 2(1) alcohol: inserted, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 2(1) approved financial reporting standard: repealed, on 1 July 2011, by section 12 of the Financial Reporting Amendment Act 2011 (2011 No 22).

Section 2(1) broadcaster: substituted, on 28 August 1990, by section 3(1) of the Broadcasting Amendment Act (No 2) 1990 (1990 No 103).

Section 2(1) content: inserted, on 14 March 2008, by section 4 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 2(1) election programme: inserted, on 20 December 2007, by section 4 of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 2(1) individual: inserted, on 1 July 2000, by section 3(1) of the Broadcasting Amendment Act 2000 (2000 No 3).

Section 2(1) liquor: repealed, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 2(1) Minister: substituted, on 1 July 2000, by section 3(2) of the Broadcasting Amendment Act 2000 (2000 No 3).

Section 2(1) series: inserted, on 1 July 1996, by section 2 of the Broadcasting Amendment Act 1996 (1996 No 53).

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: replaced, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) transmit on demand: inserted, on 14 March 2008, by section 4 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 2(2): added, on 28 August 1990, by section 3(3) of the Broadcasting Amendment Act (No 2) 1990 (1990 No 103).

3 Act to bind the Crown

This Act shall bind the Crown.

Part 1 Programme standards

4 Responsibility of broadcasters for programme standards

(1)

Every broadcaster is responsible for maintaining in its programmes and their presentation, standards that are consistent with—

(a)

the observance of good taste and decency; and

(b)

the maintenance of law and order; and

(c)

the privacy of the individual; and

(d)

the principle that when controversial issues of public importance are discussed, reasonable efforts are made, or reasonable opportunities are given, to present significant points of view either in the same programme or in other programmes within the period of current interest; and

(e)

any approved code of broadcasting practice applying to the programmes.

(2)

Where, in respect of any film within the meaning of the Films, Videos, and Publications Classification Act 1993,—

(a)

there is in force under that Act a decision classifying that film as objectionable; or

(b)

there is in force under that Act a decision classifying that film as if certain excisions had been made,—

no broadcaster,—

(c)

in the case of a film to which paragraph (a) applies, shall broadcast that film or any part of that film; or

(d)

in the case of a film to which paragraph (b) applies, shall broadcast the film, or any part of the film, if the film or, as the case may be, that part includes any part of the film required to be excised,—

except with the consent of the Chief Censor of Film and Literature and subject to any conditions subject to which the Chief Censor has given the consent.

(3)

No broadcaster shall be under any civil liability in respect of any failure to comply with any of the provisions of this section.

Compare: 1976 No 132 ss 24(1)(c), (e), (f), (g), (2), (4), 95(1)(c), (e), (f), (g), (2), (5); 1982 No 178 ss 5, 19; 1983 No 130 s 76(2), (3)

Section 4(1): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 4(2): substituted, on 1 October 1994, by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).

Part 2 Complaints

5 Principles

This Part is based on the following principles:

(a)

broadcasters have a responsibility to deal with complaints relating to broadcasts and must establish a proper procedure to deal with them:

(b)

a body other than the broadcaster must be available to complainants to ensure that broadcasters discharge their responsibilities in relation to programme standards:

(c)

complaints based merely on a complainant’s preferences are not, in general, capable of being resolved by a complaints procedure:

(d)

an independent complaints procedure is not a substitute for proper consideration of complaints by the broadcaster:

(e)

complaints should be made promptly to the broadcaster:

(f)

formal complaints must be made in writing:

(g)

most complaints that are capable of being resolved by an independent complaints procedure should not be required to be resolved by that procedure but should be capable of being resolved by proper consideration and proper response on the part of the broadcaster:

(h)

the first consideration of a complaint should be prompt and without undue formality:

(i)

further consideration of a complaint calls for greater formality.

Compare: 1976 No 132 s 95A(b)–(j); 1982 No 6 s 11

6 Formal complaints about programmes

(1)

Subject to subsection (2), it is the duty of every broadcaster—

(a)

to receive and consider formal complaints about any programme broadcast by it where the complaint constitutes, in respect of that programme, an allegation that the broadcaster has failed to comply with section 4; and

(b)

to publicise the procedures for making such complaints; and

(ba)

to broadcast on each channel or broadcasting station operated by the broadcaster notices (each of which shall be of at least 15 seconds’ duration) publicising the procedure for making such complaints,—

(i)

with the equivalent in each year of 1 notice per day for each day of broadcasting on the channel or broadcasting station; and

(ii)

with the notices being broadcast at different programming times but in such a manner that the notices are broadcast in the course of a year at all programming times, including prime time and children’s programming times; and

(c)

to establish procedures for investigating such complaints.

(2)

Nothing in this section requires a broadcaster to receive and consider any complaint that is not lodged in writing with the broadcaster within 20 working days after the date on which the programme to which the complaint relates was broadcast by the broadcaster.

(3)

Notwithstanding subsection (2), a broadcaster must consider a complaint if—

(a)

the complainant has resubmitted the complaint in writing within 30 working days after the date on which the programme to which the complaint relates was broadcast by the broadcaster; and

(b)

the complainant offers reasonable proof that the original complaint was lodged in accordance with subsection (2).

Compare: 1976 No 132 ss 95B(1)(a)(ii), (iv)–(vii), (b), 95C(1)(a)(ii), (iv)–(vii), (b); 1982 No 6 s 11; 1982 No 178 s 20

Section 6(1)(ba): inserted, on 1 July 1996, by section 3 of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 6(1)(ba): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 6(3): added, on 1 July 1993, by section 3 of the Broadcasting Amendment Act 1993 (1993 No 69).

7 Decisions in respect of formal complaints

(1)

If a complaint under section 6(1)(a) is found to be justified, in whole or in part, the broadcaster shall take appropriate action and shall notify the complainant in writing of the action taken.

(2)

If a complaint under section 6(1)(a) is found not to be justified, in whole or in part, the broadcaster shall notify the complainant in writing of the decision.

(3)

The broadcaster shall, in notifying a complainant pursuant to subsection (1) or subsection (2), give to the complainant information concerning the complainant’s right, by way of referral to the Authority under section 8, to seek an investigation and review of the broadcaster’s action or decision, as the case may be.

Compare: 1976 No 132 s 95D; 1982 No 6 s 11; 1982 No 178 s 22

8 Right of complainant to refer formal complaint to Authority

(1)

A complainant must refer the complaint directly to the Authority if the complaint is that an election programme did not meet 1 or more of the standards in section 4(1)(a) to (c) and (e).

(1A)

A complainant may refer the complaint directly to the Authority if—

(a)

the complaint is that a broadcaster failed to comply with section 4(1)(c); and

(b)

the complainant chooses to refer the complaint directly to the Authority.

(1B)

A complainant may refer the complaint to the Authority if the complainant—

(a)

made the complaint under section 6(1)(a); and

(b)

is dissatisfied with—

(i)

the decision of the broadcaster; or

(ii)

the action taken by the broadcaster.

(1C)

A complainant may refer the complaint to the Authority if—

(a)

the complaint is about a programme other than an election programme; and

(b)

at least 20 working days have passed since the broadcaster received the complaint; and

(c)

the broadcaster has not notified the complainant of—

(i)

the decision of the broadcaster; or

(ii)

the action taken by the broadcaster; and

(d)

the broadcaster—

(i)

has not given the complainant a notice under subsection (1D); or

(ii)

has given the complainant a notice under subsection (1D) but has not complied with the statement under subsection (1D)(c).

(1D)

A broadcaster that receives a complaint under section 6 may give the complainant a notice in writing or electronically within 20 working days after receiving the complaint—

(a)

stating that the broadcaster will be unable to make a decision or take action on the complaint within 20 working days after receiving the complaint; and

(b)

stating the reasons why the broadcaster will be unable to do so; and

(c)

stating that the broadcaster will tell the complainant about its decision or action on the complaint within 40 working days after the broadcaster received the complaint.

(2)

Subsections (1) to (1D) shall apply in respect of a complaint about an advertising programme only where neither the broadcaster nor the advertiser recognise, in relation to that complaint, the jurisdiction of the Advertising Standards Complaints Board (a board appointed by the Advertising Standards Authority Incorporated).

(3)

Except as provided in subsection (2), nothing in this section entitles a complainant to refer a complaint about an advertising programme to the Authority.

Section 8: substituted, on 1 July 1993, by section 4(1) of the Broadcasting Amendment Act 1993 (1993 No 69).

Section 8(1): substituted, on 20 December 2007, by section 5(1) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 8(1A): substituted, on 20 December 2007, by section 5(1) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 8(1B): inserted, on 20 December 2007, by section 5(1) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 8(1C): inserted, on 20 December 2007, by section 5(1) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 8(1D): inserted, on 20 December 2007, by section 5(1) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 8(2): amended, on 20 December 2007, by section 5(2) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

9 Time limits

(1)

The Authority must not accept a complaint made outside the period specified for the complaint in this section.

(2)

A complaint under section 8(1) must be made to the Authority in the period—

(a)

starting on the first working day after the broadcast of the programme that the complaint is about; and

(b)

ending 60 working days later.

(3)

A complaint under section 8(1A) must be made to the Authority in the period—

(a)

starting on the first working day after the broadcast of the programme that the complaint is about; and

(b)

ending 20 working days later.

(4)

A complaint under section 8(1B) must be made to the Authority in the period—

(a)

starting on the first working day after the day on which the complainant received notice of the broadcaster’s decision or action on the complaint; and

(b)

ending 20 working days later.

(5)

A complaint under section 8(1C) must be made to the Authority in the period—

(a)

starting on the first working day after the broadcast of the programme that the complaint is about; and

(b)

ending 60 working days later.

Section 9: substituted, on 20 December 2007, by section 6 of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

10 Consideration and determination of complaints by Authority

(1)

The Authority may, if it thinks fit, consider and determine any complaint referred to it under section 8 without a formal hearing, but, in that case,—

(a)

shall give the complainant and the broadcaster a reasonable opportunity to make submissions to it in writing in relation to the complaint; and

(b)

shall have regard to all relevant submissions made to it in writing in relation to the complaint.

(2)

In considering every complaint referred to it under section 8, the Authority shall provide for as little formality and technicality as is permitted by—

(a)

the requirements of this Act; and

(b)

a proper consideration of the complaint; and

(c)

the principles of natural justice.

Compare: 1976 No 132 s 95V(1); 1982 No 6 s 11; 1982 No 178 s 22

11 Power of Authority to decline to determine complaint

The Authority may decline to determine a complaint referred to it under section 8 if it considers—

(a)

that the complaint is frivolous, vexatious, or trivial; or

(b)

that, in all the circumstances of the complaint, it should not be determined by the Authority.

12 Application of Commissions of Inquiry Act 1908

Sections 4B, 4C, 4D, 5, 6, 7, 8, and 9 of the Commissions of Inquiry Act 1908 shall, for the purposes of the Authority’s consideration of any complaint referred to it under section 8, apply to the Authority—

(a)

as if the Authority were a Commission of Inquiry established under the Commissions of Inquiry Act 1908; and

(b)

as if the Authority’s consideration of the complaint were an inquiry for the purposes of the Commissions of Inquiry Act 1908.

13 Decisions on complaints

(1)

If, in the case of a complaint referred to the Authority under section 8, the Authority decides that the complaint is justified, in whole or in part, the Authority may make any 1 or more of the following orders:

(a)

an order directing the broadcaster to publish, in such manner as shall be specified in the order, and within such period as shall be so specified, a statement that relates to the complaint and that is approved by the Authority for the purpose:

(b)

an order to direct the broadcaster to refrain—

(i)

from broadcasting; or

(ii)

from broadcasting advertising programmes (including any credit in respect of a sponsorship or underwriting arrangement entered into in relation to a programme),—

for such period, not exceeding 24 hours, in respect of each programme in respect of which the Authority has decided the complaint is justified, and at such time as shall be specified in the order:

(c)

an order referring the complaint back to the broadcaster for consideration and determination by the broadcaster in accordance with such directions or guidelines as the Authority thinks fit:

(d)

if the Authority finds that the broadcaster has failed to maintain, in relation to any individual, standards that are consistent with the privacy of that individual, an order directing the broadcaster to pay to that individual, as compensation, a sum not exceeding $5,000.

(2)

If, in the case of a complaint referred to the Authority under section 8, the Authority decides that the complaint is justified, in whole or in part, or is not justified, in whole or in part, the Authority shall give notice in writing of the decision—

(a)

to the broadcaster by which the programme was broadcast; and

(b)

to the complainant.

(3)

If a complaint is found to be justified, in whole or in part, the broadcaster by which the programme was broadcast shall—

(a)

comply with any order made under subsection (1); and

(b)

give notice in writing to the Authority and the complainant of the manner in which the order has been complied with.

(4)

Every statement published pursuant to an order made under subsection (1) shall be deemed for the purposes of clause 13 of Part 2 of Schedule 1 of the Defamation Act 1992 to be a notice published on the authority of a court.

Compare: 1976 No 132 s 95X; 1982 No 6 s 11

Section 13(1)(a): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 13(4): substituted, on 1 February 1993, by section 56(1) of the Defamation Act 1992 (1992 No 105).

13A Additional powers to make orders in respect of series

(1)

Notwithstanding section 13, if, in the case of a complaint referred to the Authority under section 8, the Authority considers that, in relation to a particular programme within a series, a broadcaster has failed to comply with section 4 because that programme contains material that—

(a)

describes, depicts, or otherwise deals with—

(i)

acts of torture, the infliction of serious physical harm, or acts of significant cruelty; or

(ii)

sexual violence or sexual coercion or violence or coercion in association with sexual conduct; or

(iii)

other sexual or physical contact of a degrading, dehumanising, or demeaning nature; or

(iv)

sexual conduct with or by children or both; or

(v)

physical conduct in which sexual satisfaction is derived from inflicting or suffering cruelty or pain; or

(b)

exploits the nudity of young children; or

(c)

promotes or encourages criminal acts or acts of terrorism,—

in a manner that is likely to be injurious to the public good, the Authority may make an order directing the broadcaster to make available to the Authority—

(d)

a copy of any visual recordings; or

(e)

a copy of any transcript; or

(f)

any other material,—

related to further programmes within the series.

(2)

In determining whether or not the broadcasting of any programme within a series is likely to be injurious to the public good, the Authority shall, in addition to the matters specified in subsection (1), have regard to—

(a)

the dominant effect of the programme as a whole; and

(b)

the impact of the programme given the medium in which the programme is presented; and

(c)

the character of the programme, including any merit, value, or importance the programme has in relation to artistic, social, cultural, educational, scientific, or other matters; and

(d)

the persons, class of persons, or age of persons by whom the programme was intended, or is likely, to be viewed; and

(e)

the purpose of the programme; and

(f)

any other relevant matter relating to the broadcasting of the programme.

(3)

If, after viewing the material referred to in paragraphs (d) to (f) of subsection (1), the Authority is satisfied that the broadcasting of any programme within the series is likely to be injurious to the public good, the Authority may make 1 or both of the following orders:

(a)

an order directing that the broadcaster withdraw that programme:

(b)

an order specifying the conditions that must be complied with by any broadcaster who broadcasts the series that is the subject of the complaint or any programme in that series.

(4)

If, after viewing the material referred to in paragraphs (d) to (f) of subsection (1), the Authority is satisfied that the broadcasting of each and every further programme within the series is likely to be injurious to the public good, the Authority may make—

(a)

an order directing that the broadcaster withdraw the series that is the subject of the complaint; or

(b)

an order directing that the broadcaster withdraw 1 or more specified programmes; or

(c)

an order (which may be made in conjunction with an order made under paragraph (b)) specifying the conditions that must be complied with by any broadcaster who broadcasts the series that is the subject of the complaint or any programme in that series.

(5)

Where the Authority makes, under subsection (3)(a) or subsection (4)(b), an order in relation to any programme, no broadcaster shall broadcast that programme.

(6)

Where the Authority makes, under subsection (3)(b) or subsection (4)(c), an order in relation to any series or programmes in a series, no broadcaster shall broadcast, otherwise than in accordance with the conditions specified in the order, that series or any programme in that series.

(7)

Where the Authority makes, under subsection (4)(a), an order in relation to any series, no broadcaster shall broadcast that series or any programme in that series.

Section 13A: inserted, on 1 July 1996, by section 6 of the Broadcasting Amendment Act 1996 (1996 No 53).

14 Offences

Every broadcaster commits an offence and is liable on conviction to a fine not exceeding $100,000—

(a)

who fails to comply with an order made in respect of that broadcaster under section 13(1); or

(b)

who contravenes an order made under section 13A.

Section 14: substituted, on 1 July 1996, by section 7 of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 14: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 14(b): amended, on 3 June 1998, by section 2 of the Broadcasting Amendment Act 1998 (1998 No 28).

15 Notice of decisions

(1)

The Authority shall give public notice of the decision of the Authority on each complaint referred to it under section 8.

(2)

Copies of the decision of the Authority on each complaint referred to it under section 8, which copies shall include in each case the Authority’s reasons for its decision, shall be procurable by purchase from the Authority at a reasonable price.

(3)

Every notice published under subsection (1) shall be deemed for the purposes of clause 6 of Part 1 of Schedule 1 of the Defamation Act 1992 to be a fair and accurate report of the proceedings of a court in New Zealand.

Compare: 1976 No 132 s 67B; 1982 No 6 s 9

Section 15(3): substituted, on 1 February 1993, by section 56(1) of the Defamation Act 1992 (1992 No 105).

16 Power to award costs

(1)

Subject to subsection (2), the Authority may, in any proceedings, order any party to pay to any other party such costs and expenses (including expenses of witnesses) as are reasonable, and may apportion any such costs between the parties in such manner as it thinks fit.

(2)

No award of costs shall be made under subsection (1) against the complainant unless,—

(a)

in the opinion of the Authority, the complaint is frivolous or vexatious or one that ought not to have been made; or

(b)

the Authority considers it proper to do so by reason of the failure of the complainant to prosecute any proceedings related to the complaint at the time fixed for its hearing or to give adequate notice of the abandonment of any proceeding related to the complaint.

(3)

Where, through failure to prosecute any proceeding at the time fixed for its hearing or to give adequate notice of the abandonment of any proceeding, the Authority considers it proper to do so, the Authority may order the party in default to pay to the Crown such sums for costs as it considers reasonable.

(4)

Without limiting subsections (1) to (3), where the Authority finds a complaint against a broadcaster to be justified, in whole or in part, the Authority may order the broadcaster to pay to the Crown by way of costs, within 1 month after the date on which notice in writing of the decision is given to the broadcaster under section 13(2), such sum not exceeding $5,000, as the Authority thinks fit.

Compare: 1976 No 132 s 67C; 1982 No 6 s 9

Section 16(2): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 16(4): added, on 1 July 1996, by section 8 of the Broadcasting Amendment Act 1996 (1996 No 53).

17 Enforcement of orders for costs

(1)

For the purpose of enforcing any order of the Authority for the payment of costs, a duplicate of such order may be filed by the person to whom the costs are payable in the office of the court named in the order and shall thereupon be enforceable in all respects as a final judgment of that court in its civil jurisdiction.

(2)

In every case where an order for costs is made, the order shall name the court in which the order may, if necessary, be enforced.

(3)

The court so named shall, where the amount recoverable under the order—

(a)

exceeds $12,000, be the High Court; and

(b)

does not exceed $12,000, be the District Court.

Compare: 1976 No 132 s 67D; 1982 No 6 s 9

Appeals

18 Appeal against decision of Authority

(1)

Where the Authority makes—

(a)

a decision under section 11; or

(b)

a decision or order under section 13 or section 13A,—

the broadcaster or the complainant may appeal to the High Court against the whole or any part of the decision or order.

(2)

[Repealed]

(3)

Every appeal under this section shall be made by giving notice of appeal within 1 month after the date on which the appellant was notified of the decision or order appealed against or within such further time as the High Court may allow.

(4)

The court shall hear and determine the appeal as if the decision or order appealed against had been made in the exercise of a discretion.

(5)

In its determination of any appeal, the court may—

(a)

confirm, modify, or reverse the decision or order appealed against, or any part of that decision or order:

(b)

exercise any of the powers that could have been exercised by the Authority in the proceedings to which the appeal relates.

(6)

[Repealed]

(7)

Subject to the provisions of this section, the procedure in respect of any appeal under this section shall be in accordance with rules of court.

Section 18(1)(b): amended, on 1 July 1996, by section 9 of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 18(2): repealed, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 18(3): amended, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 18(6): repealed, on 27 September 2001, by section 3 of the Broadcasting Amendment Act 2001 (2001 No 57).

19 Decision of High Court to be final

The determination of the High Court on any appeal under section 18 shall be final.

Evidence

Heading: inserted, on 28 August 1990, by section 4 of the Broadcasting Amendment Act (No 2) 1990 (1990 No 103).

19A Admissibility of evidence

Except in any proceedings for perjury within the meaning of the Crimes Act 1961 in respect of sworn testimony given before the Authority or in any proceedings for the enforcement of an order made under this Part,—

(a)

no response made by a broadcaster to any complaint made under this Part; and

(b)

no statement made or answer given by any person—

(i)

in the course of the consideration of any complaint made under this Part; or

(ii)

in the course of any proceedings before the Authority in relation to any complaint made under this Part; and

(c)

no decision of the Authority on any complaint made under this Part; and

(d)

no determination of the High Court on any appeal made under section 18,—

shall be admissible in evidence against any person in any court or in any inquiry or other proceedings.

Section 19A: inserted, on 28 August 1990, by section 4 of the Broadcasting Amendment Act (No 2) 1990 (1990 No 103).

Part 3 Broadcasting Standards Authority

20 Establishment of Authority

(1)

There is hereby established an Authority to be called the Broadcasting Standards Authority.

(2)

The Authority is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(3)

The Crown Entities Act 2004 applies to the Authority except to the extent that this Act expressly provides otherwise.

Section 20(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 20(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

21 Functions of Authority

(1)

The functions of the Authority shall be—

(a)

to receive and determine complaints from persons who are dissatisfied with the outcome of complaints made to broadcasters under section 6(1)(a); and

(b)

to receive and determine complaints that election programmes did not meet 1 or more of the standards in section 4(1)(a) to (c) and (e); and

(ba)

to receive and determine complaints when—

(i)

the complaint is that a broadcaster failed to comply with section 4(1)(c); and

(ii)

the complainant has chosen to refer the complaint directly to the Authority; and

(c)

to publicise its procedures in relation to complaints; and

(d)

to issue to any or all broadcasters, advisory opinions relating to broadcasting standards and ethical conduct in broadcasting; and

(e)

to encourage the development and observance by broadcasters of codes of broadcasting practice appropriate to the type of broadcasting undertaken by such broadcasters, in relation to—

(i)

the protection of children:

(ii)

the portrayal of violence:

(iii)

fair and accurate programmes and procedures for correcting factual errors and redressing unfairness:

(iv)

safeguards against the portrayal of persons in programmes in a manner that encourages denigration of, or discrimination against, sections of the community on account of sex, race, age, disability, or occupational status or as a consequence of legitimate expression of religious, cultural, or political beliefs:

(v)

restrictions on the promotion of alcohol:

(vi)

presentation of appropriate warnings in respect of programmes, including programmes that have been classified as suitable only for particular audiences:

(vii)

the privacy of the individual:

(f)

to develop and issue codes of broadcasting practice of the kinds described in paragraph (e) in any case where the Authority considers it appropriate:

(g)

to approve, for the purposes of this Act, codes of practice of the kinds described in paragraph (e):

(h)

to conduct research and publish findings on matters relating to standards in broadcasting.

(2)

The Authority shall, in encouraging, under subsection (1)(e), the development by broadcasters of codes of broadcasting practice, encourage broadcasters to consult with persons having an interest in the subject matter of those codes.

(3)

Nothing in subsection (1) shall relate to advertising programmes or any credit in respect of a sponsorship or underwriting arrangement entered into in relation to a programme except where neither the broadcaster nor the advertiser recognise, in relation to a specific complaint, the jurisdiction of the Advertising Standards Complaints Board (a board appointed by the Advertising Standards Authority Incorporated).

(4)

When performing its functions under subsection (1)(e), (f), or (g) in relation to a code of practice of the kind described in subsection (1)(e)(vii), the Authority must consult with the Privacy Commissioner appointed under the Privacy Act 1993.

(5)

Except as expressly provided otherwise in this or any other Act, the Authority must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

(a)

this Act; and

(b)

any other Act that expressly provides for the functions, powers, or duties of the Authority (other than the Crown Entities Act 2004).

Section 21(1)(b): replaced, on 20 December 2007, by section 7 of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 21(1)(ba): inserted, on 20 December 2007, by section 7 of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 21(1)(e)(v): amended, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 21(1)(e)(vii): inserted, on 1 July 2000, by section 4(1) of the Broadcasting Amendment Act 2000 (2000 No 3).

Section 21(2): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 21(3): inserted, on 1 July 1993, by section 5 of the Broadcasting Amendment Act 1993 (1993 No 69).

Section 21(4): inserted, on 1 July 2000, by section 4(2) of the Broadcasting Amendment Act 2000 (2000 No 3).

Section 21(5): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

22 Notification and publication of approved codes of broadcasting practice

(1)

Where a code of broadcasting practice is issued under section 21(1)(f) or approved under section 21(1)(g), the Authority shall publish in the Gazette as soon as practicable a notice—

(a)

stating that the code of broadcasting practice has been so issued or approved; and

(b)

indicating where copies of the approved code of broadcasting practice can be purchased.

(2)

The Authority shall publish each approved code of broadcasting practice.

(3)

Copies of all approved codes of broadcasting practice that are for the time being in force shall be procurable by purchase from the Authority at a reasonable price.

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

(1)

Where the Minister considers it is desirable in the public interest to do so, the Minister may refer any matter relating to broadcasting standards to the Authority and require the Authority to consider whether or not it is appropriate to issue an advisory opinion on the matter under section 21(1)(d).

(2)

As soon as practicable after referring any matter to the Authority under subsection (1), the Minister shall publish in the Gazette and lay before the House of Representatives a copy of the reference.

24 Powers of Authority
[Repealed]

Section 24: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

25 Power of Authority to commission surveys
[Repealed]

Section 25: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

26 Membership of Authority

(1)

The board of the Authority consists of 4 members, 1 of whom must be appointed as Chairperson.

(1A)

One of the members appointed under subsection (1) shall be appointed after consultation by the Minister with such representatives of the broadcasting industry as the Minister thinks fit.

(1B)

One of the members appointed under subsection (1) shall be appointed after consultation by the Minister with such representatives of public interest groups in relation to broadcasting as the Minister thinks fit.

(2)

The person appointed to be Chairperson of the Authority shall be a barrister or solicitor of not less than 7 years’ practice of the High Court, whether or not the person holds or has held judicial office.

(3)

Despite clause 9 of Schedule 5 of the Crown Entities Act 2004, a quorum for a meeting of the board of the Authority is 3 members.

(4)

For the purposes of any matter before the Authority, the Authority may co-opt any 1 or more persons whose qualifications or experience are likely, in the opinion of the Authority, to be of assistance to the Authority in dealing with that matter.

(5)

Every person co-opted under this section for the purposes of any matter shall be entitled to take part in the Authority’s proceedings in relation to that matter, but shall not be entitled to vote thereon.

(6)

Where any person co-opted under this section fails to exercise, in relation to any matter, any right conferred on that person by subsection (5), that failure shall not affect the validity of any meeting, hearing, or other proceeding of the Authority in respect of that matter.

(7)

[Repealed]

Compare: 1976 No 132 s 61(1), (2), (3), (9), (10), (11), (12); 1982 No 6 s 7(2)

Section 26(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 26(1A): inserted, on 1 July 1996, by section 10(1) of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 26(1B): inserted, on 1 July 1996, by section 10(1) of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 26(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 26(7): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

27 Term of office of members of Authority
[Repealed]

Section 27: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

28 Continuation of membership

(1)

Where the term of office of a person who is a member of the Authority expires or where a person who is a member of the Authority resigns his or her office, the Minister may request any such person to continue to act as if he or she were a member of the Authority for the purpose of any proceeding in which that person took part and that was commenced before the expiration of his or her term of office or before his or her resignation took effect, as the case may be, and, if any such person agrees to any such request and so acts, he or she shall be deemed, for that purpose and for such period as the Minister determines from time to time, to continue to be a member of the Authority.

(2)

This section applies despite section 45 of the Crown Entities Act 2004.

Compare: 1976 No 132 s 63(6); 1982 No 6 s 8(1)

Section 28(1): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 28(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

29 Delegation of functions or powers by Authority
[Repealed]

Section 29: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

30 Rules in relation to retention of recordings of programmes

(1)

The Authority may from time to time make and promulgate rules in relation to broadcasters to ensure that recordings of programmes broadcast by them are retained by the broadcaster or some other person, and are able to be obtained by the broadcaster when required to do so by the Authority.

(2)

Any such rules may apply generally to all broadcasters, or may apply only to broadcasters of specified types or classes, and may from time to time be varied, amended, or revoked.

(3)

Any rules made under this section may require a broadcaster, when requested to do so by the Authority, to obtain recordings of programmes broadcast by that broadcaster and to make suitable arrangements to enable the Authority to view or hear any recordings held or obtained by the broadcaster.

(4)

Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who fails to comply with any rules made under this section.

(5)

Rules made under this section are a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 30(1): substituted, on 1 July 2000, by section 5(1) of the Broadcasting Amendment Act 2000 (2000 No 3).

Section 30(3): substituted, on 1 July 2000, by section 5(2) of the Broadcasting Amendment Act 2000 (2000 No 3).

Section 30(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 30(5): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

30A Return on total revenue

(1)

Every broadcaster shall, not later than 31 July in each year, give to the Authority a return, for the broadcaster’s immediately preceding financial year, of the total revenue derived by that broadcaster in that financial year from broadcasting within New Zealand.

(2)

The return—

(a)

shall be in such form and contain such particulars as the Authority may require; and

(b)

shall be accompanied by a certificate signed by an auditor and stating whether or not, in that auditor’s opinion, the return represents a true and fair statement of the total revenue derived by the broadcaster in the financial year of the broadcaster to which the return relates from broadcasting within New Zealand.

(3)

Notwithstanding subsection (2), a broadcaster may in any year satisfy the requirements of subsection (1) by giving to the Authority, not later than 31 July in that year, a copy of the broadcaster’s financial statement for the financial year of the broadcaster to which the return relates, being a financial statement that contains a statement of the broadcaster’s total revenue for that financial year.

(4)

Where a broadcaster gives to the Authority in accordance with subsection (3) the broadcaster’s financial statement for any financial year, the broadcaster’s total revenue for that financial year, as stated in that financial statement, will, for the purposes of subsection (1), be deemed to be the total revenue derived by that broadcaster in that financial year from broadcasting within New Zealand.

Section 30A: inserted, on 1 July 1996, by section 13 of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 30A heading: amended, on 20 September 2007, by section 5(1) of the Broadcasting Amendment Act 2007 (2007 No 42).

Section 30A(1): amended, on 20 September 2007, by section 5(2) of the Broadcasting Amendment Act 2007 (2007 No 42).

Section 30A(2)(b): amended, on 20 September 2007, by section 5(3) of the Broadcasting Amendment Act 2007 (2007 No 42).

Section 30A(3): amended, on 20 September 2007, by section 5(4) of the Broadcasting Amendment Act 2007 (2007 No 42).

Section 30A(4): amended, on 20 September 2007, by section 5(5) of the Broadcasting Amendment Act 2007 (2007 No 42).

30B Payment of annual levy

(1)

Where a return given to the Authority under section 30A by a broadcaster shows that, in the financial year of the broadcaster to which the return relates, the broadcaster had a total revenue of more than $500,000, that return shall be accompanied by an annual levy calculated in accordance with section 30C.

(2)

The annual levy shall be payable in respect of each financial year of the broadcaster during which programmes are broadcast within New Zealand by the broadcaster.

(3)

Where a broadcaster commences broadcasting within New Zealand during the financial year of the broadcaster to which the return under section 30A relates, no annual levy shall be payable by the broadcaster in respect of that financial year.

(4)

The annual levy payable under subsection (1) shall be payable by the broadcaster not later than 31 July of the year in which the return is required to be given to the Authority.

Section 30B: inserted, on 1 July 1996, by section 13 of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 30B(1): amended, on 20 September 2007, by section 6 of the Broadcasting Amendment Act 2007 (2007 No 42).

30C Annual levy

The amount of the annual levy payable under section 30B by a broadcaster shall be an amount ascertained in accordance with the following formula:

a × b

where—

a

is the broadcaster’s total revenue for the financial year of the broadcaster to which the return under section 30A relates; and

b

is .00051.

Section 30C: inserted, on 1 July 1996, by section 13 of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 30C formula item a: amended, on 20 September 2007, by section 7 of the Broadcasting Amendment Act 2007 (2007 No 42).

30D Rebates

(1)

The Authority may grant to a broadcaster a rebate in respect of the whole or any part of the annual levy paid by that broadcaster under section 30B.

(2)

In deciding whether or not to grant a rebate, the Authority shall have regard to—

(a)

whether or not the broadcaster ceased broadcasting during the financial year of the broadcaster in respect of which the levy was paid; and

(b)

the levy paid by the broadcaster.

Section 30D: inserted, on 1 July 1996, by section 13 of the Broadcasting Amendment Act 1996 (1996 No 53).

30E Recovery of levies

Any annual levy that is not paid in accordance with this Act may be recovered from the broadcaster liable at the suit, and in the name, of the Authority in any court of competent jurisdiction.

Section 30E: inserted, on 1 July 1996, by section 13 of the Broadcasting Amendment Act 1996 (1996 No 53).

30F Goods and services tax

The amount of the levy calculated under section 30B is exclusive of any goods and services tax payable under the Goods and Services Tax Act 1985.

Section 30F: inserted, on 1  July 1996, by section 13 of the Broadcasting Amendment Act 1996 (1996 No 53).

30G Offence

Every broadcaster commits an offence and is liable on conviction to a fine not exceeding $100,000 who contravenes section 30A.

Section 30G: inserted, on 1 July 1996, by section 13 of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 30G: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No  81).

31 Funds of Authority

The funds of the Authority include all annual levies paid by broadcasters under section 30B.

Section 31: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

32 Seal
[Repealed]

Section 32: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

33 Exemption from income tax

The income of the Authority shall be exempt from income tax.

34 Further provisions applying in respect of Authority

The provisions set out in Schedule 1 shall apply in respect of the Authority.

Part 4 Broadcasting Commission

35 Establishment of Commission

(1)

There is hereby established a Commission to be called the Broadcasting Commission.

(2)

The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(3)

The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.

Section 35(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 35(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

36 Functions of Commission

(1)

The primary functions of the Commission are—

(a)

to reflect and develop New Zealand identity and culture by—

(i)

promoting programmes about New Zealand and New Zealand interests; and

(ii)

promoting Maori language and Maori culture; and

(b)

to maintain and, where the Commission considers that it is appropriate, extend the coverage of television and sound radio broadcasting to New Zealand communities that would otherwise not receive a commercially viable signal; and

(c)

to ensure that a range of broadcasts is available to provide for the interests of—

(i)

women; and

(ii)

youth; and

(iii)

children; and

(iv)

persons with disabilities; and

(v)

minorities in the community including ethnic minorities; and

(ca)

to encourage a range of broadcasts that reflects the diverse religious and ethical beliefs of New Zealanders; and

(d)

to encourage the establishment and operation of archives of programmes that are likely to be of historical interest in New Zealand—

by making funds available, on such terms and conditions as the Commission thinks fit, for—

(e)

broadcasting; and

(f)

the production of programmes to be broadcast; and

(g)

the archiving of programmes.

(2)

The Commission may also make funds available (on the terms and conditions that it thinks fit and, as far as practicable, in a manner consistent with its primary functions) for—

(a)

transmitting on demand; and

(b)

producing content for transmitting on demand; and

(c)

archiving content.

Section 36(1): amended, on 14 March 2008, by section 5(1) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 36(1)(c): substituted, on 1 July 2000, by section 6(1) of the Broadcasting Amendment Act 2000 (2000 No 3).

Section 36(1)(ca): inserted, on 1 July 2000, by section 6(2) of the Broadcasting Amendment Act 2000 (2000 No 3).

Section 36(2): added, on 14 March 2008, by section 5(2) of the Broadcasting Amendment Act 2008 (2008 No 3).

37 Promotion of New Zealand content in programming

The Commission shall, in the exercise of its functions under sections 36(1)(a) and 36(2)(a) and (b),—

(a)

consult from time to time with—

(i)

persons who have an interest in New Zealand broadcasting and the production of programmes in New Zealand; and

(ia)

persons who have an interest in transmitting on demand in New Zealand and the production of content in New Zealand; and

(ii)

representatives of consumer interests in relation to broadcasting and transmitting on demand; and

(iii)

representatives of Maori interests,—

being in each case persons or representatives who can, in the opinion of the Commission, assist in the development of the Commission’s funding policies; and

(b)

promote, in its funding of the production of programmes and content, a sustained commitment by—

(i)

television and radio broadcasters to programming reflecting New Zealand identity and culture; and

(ii)

persons who transmit on demand to content reflecting New Zealand identity and culture; and

(c)

ensure that, in its funding of the production of television programmes, reasonable provision is made to assist in the production of drama and documentary programmes; and

(d)

ensure that, in its funding of sound radio broadcasting, reasonable provision is made to assist in the production and broadcasting of drama programmes and in the broadcasting of New Zealand music.

Section 37: amended, on 14 March 2008, by section 6(1) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 37(a)(ia): inserted, on 14 March 2008, by section 6(2) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 37(a)(ii): amended, on 14 March 2008, by section 6(3) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 37(b): substituted, on 14 March 2008, by section 6(4) of the Broadcasting Amendment Act 2008 (2008 No 3).

38 Powers of Commission
[Repealed]

Section 38: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

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

The Commission, in assessing any proposal for the Commission to make funds available for broadcasting or transmitting on demand, or for the production of any programme to be broadcast or content to be transmitted on demand, must have regard to—

(a)

the extent to which the persons seeking the funding for the project to which the proposal relates have sought and secured funding or other resources for the project from sources other than the Commission; and

(b)

the potential size of the audience likely to benefit from the project to which the proposal relates; and

(c)

in the case of a project to maintain or extend the coverage of television broadcasting or sound radio broadcasting, the extent of the likely benefit to the consumers of broadcasting services affected by the project in relation to the cost of the project; and

(d)

in the case of a proposal for the production of any programme or content, the extent to which the proposed programme or content would contribute to—

(i)

the Commission meeting its objectives under more than 1 of the categories specified in section 36(1)(a) and (c) and (2)(b); and

(ii)

the availability of a balanced range of programmes and content providing for varied interests in the community; and

(e)

in the case of a proposal for the production of any programme or content, the likelihood that the proposed programme or content, if produced, would be broadcast or transmitted on demand.

Section 39: amended, on 14 March 2008, by section 7(1) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 39(d): amended, on 14 March 2008, by section 7(2) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 39(d): amended, on 14 March 2008, by section 7(3) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 39(d)(i): amended, on 14 March 2008, by section 7(4) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 39(d)(ii): amended, on 14 March 2008, by section 7(5) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 39(e): substituted, on 14 March 2008, by section 7(6) of the Broadcasting Amendment Act 2008 (2008 No 3).

39A Funding policies

The Commission and Te Reo Whakapuaki Irirangi shall, in carrying out their respective functions under this Act, each have regard to the funding policies adopted by the other.

Section 39A: inserted, on 1  July 1993, by section 7 of the Broadcasting Amendment Act 1993 (1993 No 69).

40 Requirements in relation to standards

The Commission shall require from recipients of funding from the Commission in relation to the production of any programme or content for broadcast, in such form as the Commission shall determine, undertakings that the programme or content will be consistent with the standards specified in section 4(1).

Section 40: amended, on 14 March 2008, by section 8(1) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 40: amended, on 14 March 2008, by section 8(2) of the Broadcasting Amendment Act 2008 (2008 No 3).

41 Requirements in relation to equal employment opportunities

The Commission may decline to make funds available under section 36, where it considers that the prospective recipient is not operating an appropriate equal employment opportunities plan in circumstances where it would be practicable for the prospective recipient to do so.

42 Prohibition in relation to certain directions

Nothing in this Act or the Crown Entities Act 2004 authorises the Commission to give a direction to any person to whom the Commission has made funds available under section 36, in respect of the editorial content of a particular programme.

Section 42: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

43 Contracts in relation to use of funds

In making funds available under section 36, the Commission shall, to the extent that, in the opinion of the Commission, it is practicable to do so,—

(a)

invite competitive proposals for the use of funds made available by the Commission; and

(b)

ensure by the terms of contracts that the recipients of the funds are obliged both to attain specified standards of performance and to account for the use of the funds; and

(c)

adopt measures to ensure that recipients of funds comply with the terms referred to in paragraph (b).

44 Commission to have regard to Government policy

(1)

The Minister may not give a direction to the Commission in relation to cultural matters.

(1A)

The Minister shall ensure that at all material times the Minister has notified the Commission of the Government’s policies, and provided the Commission with an appropriate direction, in respect of the funding of Radio New Zealand Limited.

(2)

No responsible Minister or any other Minister, and no person acting by or on behalf of or at the direction of a responsible Minister or any other Minister, may give a direction in respect of—

(a)

any programme or content; or

(b)

the gathering or presentation of news or the preparation or presentation of any current affairs programme or content.

(3)

[Repealed]

Compare: 1976 No 132 s 20(1), (2)(a), (b), (c), (4), (5); 1982 No 6 s 4(1)

Section 44(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 44(1A): inserted, on 1 December 1995, by section 20 of the Radio New Zealand Act 1995 (1995 No 52).

Section 44(1A): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 44(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 44(2)(a): substituted, on 14 March 2008, by section 9(1) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 44(2)(b): amended, on 14 March 2008, by section 9(2) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 44(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

45 Membership of Commission

The board of the Commission consists of not less than 3, and not more than 6, members.

Section 45: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

46 Term of office of members of Commission
[Repealed]

Section 46: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

47 Public broadcasting fees
[Repealed]

Section 47: repealed, on 1 July 2000, by section 11(a) of the Broadcasting Amendment Act 1999 (1999 No 63).

48 Funds of Commission
[Repealed]

Section 48: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

49 Administrative expenses
[Repealed]

Section 49: repealed, on 1 July 2000, by section 11(c) of the Broadcasting Amendment Act 1999 (1999 No 63).

50 Refund of amount of administrative expenses
[Repealed]

Section 50: repealed, on 1 July 2000, by section 11(d) of the Broadcasting Amendment Act 1999 (1999 No 63).

51 Exemption from income tax

The income of the Commission shall be exempt from income tax.

52 Seal
[Repealed]

Section 52: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

53 Further provisions applying in respect of Commission

The provisions set out in Schedule 1 shall apply in respect of the Commission.

Part 4A Te Reo Whakapuaki Irirangi

Part 4A: inserted, on 1 July 1993, by section 8 of the Broadcasting Amendment Act 1993 (1993 No 69).

53A Establishment of Te Reo Whakapuaki Irirangi

(1)

There is hereby established an agency to be called Te Reo Whakapuaki Irirangi.

(2)

The Agency is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(3)

The Crown Entities Act 2004 applies to the Agency except to the extent that this Act expressly provides otherwise.

Section 53A: inserted, on 1 July 1993, by section 8 of the Broadcasting Amendment Act 1993 (1993 No 69).

Section 53A(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 53A(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

53B Functions of Te Reo Whakapuaki Irirangi

(1)

The primary function of Te Reo Whakapuaki Irirangi is to promote Māori language and Māori culture by making funds available, on the terms and conditions that it thinks fit, for—

(a)

broadcasting; and

(b)

producing programmes for broadcasting; and

(c)

archiving programmes.

(2)

Te Reo Whakapuaki Irirangi may also make funds available (on the terms and conditions that it thinks fit and, as far as practicable, in a manner consistent with its primary function) for—

(a)

transmitting on demand; and

(b)

producing content for transmitting on demand; and

(c)

archiving content; and

(d)

other activities to promote the Māori language and Māori culture.

Section 53B: substituted, on 14 March 2008, by section 10 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 53B(2)(c): amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).

Section 53B(2)(d): inserted, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).

53C Consultation

Te Reo Whakapuaki Irirangi shall, in the exercise of its functions under section 53B, consult from time to time with representatives of Maori interests, broadcasters, persons who transmit on demand, and others, being in each case persons or representatives who can, in the opinion of Te Reo Whakapuaki Irirangi, assist in the development of Te Reo Whakapuaki Irirangi’s funding policies.

Section 53C: inserted, on 1 July 1993, by section 8 of the Broadcasting Amendment Act 1993 (1993 No 69).

Section 53C: amended, on 14 March 2008, by section 11(1) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 53C: amended, on 14 March 2008, by section 11(2) of the Broadcasting Amendment Act 2008 (2008 No 3).

53D Powers of Te Reo Whakapuaki Irirangi
[Repealed]

Section 53D: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

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

Te Reo Whakapuaki Irirangi, in assessing any proposal for Te Reo Whakapuaki Irirangi to make funds available for broadcasting or transmitting on demand, or the production of any programme to be broadcast or content to be transmitted on demand, must have regard to—

(a)

the extent to which the persons seeking the funding for the project to which the proposal relates have sought and secured funding or other resources for the project from sources other than Te Reo Whakapuaki Irirangi; and

(b)

the potential size of the audience likely to benefit from the project to which the proposal relates; and

(c)

the extent to which the intended audience involved has access to services that have as their primary aim the promotion of Maori language and Maori culture; and

(d)

in the case of a proposal for the production of any programme or content, the extent to which the proposed programme or content would contribute to Te Reo Whakapuaki Irirangi fulfilling its functions under section 53B; and

(e)

in the case of a proposal for the production of any programme or content, the likelihood that the proposed programme or content, if produced, would be broadcast or transmitted on demand; and

(f)

the needs and preferences of—

(i)

children participating in te reo Māori immersion education; and

(ii)

all persons learning te reo Māori.

Section 53E: inserted, on 1 July 1993, by section 8 of the Broadcasting Amendment Act 1993 (1993 No 69).

Section 53E: amended, on 14 March 2008, by section 12(1) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 53E(d): substituted, on 14 March 2008, by section 12(2) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 53E(e): substituted, on 14 March 2008, by section 12(3) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 53E(f): added, on 8 May 2003, by section 59 of the Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 (2003 No 21).

53F Requirements in relation to standards

Te Reo Whakapuaki Irirangi shall require from recipients of funding from Te Reo Whakapuaki Irirangi in relation to the production of a programme or programmes, in such form as Te Reo Whakapuaki Irirangi shall determine, undertakings that the programme or programmes will be consistent with the standards specified in section 4(1).

Section 53F: inserted, on 1 July 1993, by section 8 of the Broadcasting Amendment Act 1993 (1993 No 69).

53G Requirements in relation to equal employment opportunities

Te Reo Whakapuaki Irirangi may decline to make funds available under section 53B, where it considers that the prospective recipient is not operating an appropriate equal employment opportunities plan in circumstances where it would be practicable for the prospective recipient to do so.

Section 53G: inserted, on 1 July 1993, by section 8 of the Broadcasting Amendment Act 1993 (1993 No 69).

53H Contracts in relation to use of funds

In making funds available under section 53B, Te Reo Whakapuaki Irirangi shall, to the extent that, in the opinion of Te Reo Whakapuaki Irirangi, it is practicable to do so,—

(a)

invite competitive proposals for the use of funds made available by Te Reo Whakapuaki Irirangi; and

(b)

ensure by the terms of contracts that the recipients of the funds are obliged both to attain specified standards of performance and to account for the use of the funds; and

(c)

adopt measures to ensure that recipients of funds comply with the terms referred to in paragraph (b).

Section 53H: inserted, on 1 July 1993, by section 8 of the Broadcasting Amendment Act 1993 (1993 No 69).

53I Membership of Te Reo Whakapuaki Irirangi

The board of Te Reo Whakapuaki Irirangi consists of not more than 5 members appointed by the Minister for Māori Development in accordance with section 42 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016.

Section 53I: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 53I: amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).

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

Section 53J: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

53K Funds of Te Reo Whakapuaki Irirangi
[Repealed]

Section 53K: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

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

Section 53L: repealed, on 1 July 2000, by section 11(f) of the Broadcasting Amendment Act 1999 (1999 No 63).

53M Administrative expenses
[Repealed]

Section 53M: repealed, on 1 July 2000, by section 11(g) of the Broadcasting Amendment Act 1999 (1999 No 63).

53N Refund of amount of administrative expenses
[Repealed]

Section 53N: repealed, on 1 July 2000, by section 11(h) of the Broadcasting Amendment Act 1999 (1999 No 63).

53O Exemption from income tax

The income of Te Reo Whakapuaki Irirangi shall be exempt from income tax.

Section 53O: inserted, on 1 July 1993, by section 8 of the Broadcasting Amendment Act 1993 (1993 No 69).

53P Seal
[Repealed]

Section 53P: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

53Q Crown entity
[Repealed]

Section 53Q: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

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

(1)

The provisions set out in Schedule 1 shall apply in respect of Te Reo Whakapuaki Irirangi as if every reference to the Commission were a reference to Te Reo Whakapuaki Irirangi.

(2)

[Repealed]

Section 53R: inserted, on 1 July 1993, by section 8 of the Broadcasting Amendment Act 1993 (1993 No 69).

Section 53R(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

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

(1)

[Repealed]

(2)

The Minister may not give a direction in respect of—

(a)

any programme or content; or

(b)

the gathering or presentation of news or the preparation or presentation of any current affairs programme or content.

(3)

Subsection (2) applies despite subpart 1 of Part 3 of the Crown Entities Act 2004.

Section 53S: inserted, on 1 July 2000, by section 8 of the Broadcasting Amendment Act 2000 (2000 No 3).

Section 53S(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 53S(2): amended, on 10 April 2003, by section 4(2) of the Broadcasting Amendment Act 2003 (2003 No 14).

Section 53S(2)(a): substituted, on 14 March 2008, by section 13(1) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 53S(2)(b): amended, on 14 March 2008, by section 13(2) of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 53S(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Part 5 Restrictions on broadcasting by overseas persons

Part 5: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

54 Interpretation
[Repealed]

Section 54: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

55 Shareholding interests
[Repealed]

Section 55: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

56 Control of voting rights
[Repealed]

Section 56: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

57 Shareholding interests derived through other companies
[Repealed]

Section 57: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

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

Section 58: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

59 Aggregation of shareholding interests
[Repealed]

Section 59: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

60 Exemption in respect of life insurance companies
[Repealed]

Section 60: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

61 Restriction on broadcasting by overseas person
[Repealed]

Section 61: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

62 Restriction on overseas ownership of broadcaster
[Repealed]

Section 62: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

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

Section 63: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

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

Section 64: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

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

Section 65: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

66 Offence
[Repealed]

Section 66: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

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

Section 67: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

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

Section 68: repealed, on 7 May 1991, by section 2(1) of the Broadcasting Amendment Act 1991 (1991 No 21).

Part 6 Electoral broadcasting

Part 6: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

69 Interpretation

(1)

In this Part, unless the context otherwise requires,—

broadcaster means—

(a)

a television broadcaster:

(b)

a radio broadcaster

broadcasting costs, in relation to an election programme,—

(a)

means the costs incurred in broadcasting the election programme; but

(b)

does not include any production costs incurred in respect of that programme

candidate election programme means an election programme referred to in section 70(3)

constituency candidate has the meaning given to it by section 3(1) of the Electoral Act 1993, and includes a person who has declared his or her intention of becoming a constituency candidate

election means—

(a)

a general election:

(b)

a by-election

election period, in relation to an election, means the period—

(a)

beginning with writ day; and

(b)

ending with the close of the day preceding polling day

election programme means a programme that—

(a)

encourages or persuades, or appears to encourage or persuade, voters to vote for a party or the election of a constituency candidate; or

(b)

encourages or persuades, or appears to encourage or persuade, voters not to vote for a party or the election of a constituency candidate; or

(c)

advocates support for a constituency candidate or for a party; or

(d)

opposes a constituency candidate or a political party; or

(e)

notifies meetings held or to be held in connection with an election

party means a political party

party election programme means an election programme that is not a candidate election programme

production costs, in relation to an election programme or election advertisement, means the costs incurred in the preparation, design, composition, and creation of the programme or advertisement (as the case may be)

programme includes visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text

publishing costs, in relation to an election advertisement,—

(a)

means the costs incurred in publishing an election advertisement; but

(b)

does not include any production costs incurred in respect of that advertisement

Register of Political Parties means the Register of Political Parties established under section 62(2) of the Electoral Act 1993.

(2)

In this Part, the following terms have the meanings given to them by section 3(1) of the Electoral Act 1993:

(a)

by-election:

(b)

candidate advertisement:

(c)

election advertisement:

(d)

Electoral Commission:

(e)

general election:

(f)

polling day:

(g)

writ day.

Compare: 1989 No 25 s 69

Section 69: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

69A Limited application of this Part to by-elections
[Repealed]

Section 69A: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

Provisions applying to broadcasters

Heading: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

70 Broadcasting election programmes

(1)

Except as provided in subsections (2) and (3), a broadcaster may not, at any time, broadcast an election programme.

(2)

A broadcaster may, for the purpose of a general election, broadcast an election programme if—

(a)

the programme is promoted by a party or group of related parties; and

(b)

the programme is broadcast during the election period; and

(c)

the broadcasting costs are paid from money allocated to the party or group of related parties under section 79.

(3)

A broadcaster may, for the purposes of a general election or by-election, broadcast an election programme if that programme—

(a)

is promoted by—

(i)

a constituency candidate; or

(ii)

a party with the authority of a constituency candidate; and

(b)

relates solely to the constituency candidate at the election; and

(c)

encourages or persuades, or appears to encourage or persuade, voters to vote for that candidate; and

(d)

is broadcast during the election period for the election; and

(e)

is broadcast for a fee that may, but need not, be paid from money allocated to a party or group of related parties under section 79.

(4)

Nothing in this section restricts—

(a)

the broadcasting, in relation to an election, of news or comments or current affairs programmes; or

(b)

the broadcasting of any non-partisan advertisement, as a community service, by a broadcaster.

Compare: 1989 No 25 s 70

Section 70: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

70A Obligation of political parties to give notice to Electoral Commission
[Repealed]

Section 70A: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

70B Time by which notice must be given
[Repealed]

Section 70B: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

70C Particulars of notice
[Repealed]

Section 70C: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

70D Persons deemed to be candidates
[Repealed]

Section 70D: repealed, on 7 December 2004, by section 9 of the Broadcasting Amendment Act 2004 (2004 No 100).

71 Hours during which broadcast of election programmes prohibited

(1)

A television broadcaster may not broadcast election programmes—

(a)

during the hours between 6 am and noon on—

(i)

Sunday; or

(ii)

Anzac Day; or

(b)

on—

(i)

Christmas Day; or

(ii)

Good Friday; or

(iii)

Easter Sunday.

(2)

A radio broadcaster may not broadcast election programmes on—

(a)

Christmas Day; or

(b)

Good Friday; or

(c)

Easter Sunday.

Compare: 1989 No 25 s 79A

Section 71: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

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

Section 71A: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

72 Obligation to give identical terms to each party or constituency candidate

(1)

A broadcaster may not offer or give to any party terms for broadcasting time that are more favourable than those offered or given to any other party that buys, or expresses an interest in buying, comparable time from that broadcaster.

(2)

A broadcaster may not offer or give to any constituency candidate terms for broadcasting time that are more favourable than those offered or given to any other constituency candidate who buys, or expresses an interest in buying, comparable time from that broadcaster.

Compare: 1989 No 25 s 79B

Section 72: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

72A Limits on amount of time
[Repealed]

Section 72A: repealed, on 28 August 1990, by section 8 of the Broadcasting Amendment Act (No 2) 1990 (1990 No 103).

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

Section 72B: repealed, on 28 August 1990, by section 8 of the Broadcasting Amendment Act (No 2) 1990 (1990 No 103).

73 Programme standards in relation to election programmes

Section 4(1)(d) does not apply in relation to an election programme broadcast under this Part.

Compare: 1989 No 25 s 79

Section 73: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

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

Section 73A: repealed, on 28 August 1990, by section 8 of the Broadcasting Amendment Act (No 2) 1990 (1990 No 103).

Funding for election programmes and election advertisements in relation to general election

Heading: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

74 Public money to be appropriated for funding election programmes and election advertising in relation to general election

(1)

In relation to each general election, the Minister of Justice must give notice to the Electoral Commission of the amount of money appropriated by Parliament for the purpose of enabling parties to fund—

(a)

all of the broadcasting costs incurred in relation to the broadcast of party election programmes; and

(b)

all or part of the broadcasting costs incurred in relation to the broadcast of candidate election programmes; and

(c)

all or part of the production costs, whenever incurred, in relation to—

(i)

party election programmes; and

(ii)

candidate election programmes; and

(d)

all or part of the publishing costs incurred in relation to the publication of election advertisements on the Internet during the election period; and

(e)

all or part of production costs, whenever incurred, in relation to election advertisements published on the Internet—

(i)

during the election period; or

(ii)

before and during the election period.

(2)

The Electoral Commission must decide, under section 79, how the amount in subsection (1) is to be allocated to parties.

(3)

For a general election that takes place after 2017 (a subsequent general election), an amount of money equal to the amount of public money allocated under section 79 at the immediately preceding general election must, unless an Act of Parliament expressly provides otherwise, be deemed to have been appropriated by Parliament for the purposes of enabling parties to fund the costs specified in subsection (1) incurred in relation to the subsequent general election.

(4)

An amount of money deemed by subsection (3) to have been appropriated by Parliament for the purposes specified in that subsection is payable out of public money for those purposes without further appropriation than this section.

Compare: 1989 No 25 ss 74, 74A(1)

Section 74: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

74A Allocation of money to political parties
[Repealed]

Section 74A: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

74B Application and payment of allocation
[Repealed]

Section 74B: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

75 Electoral Commission to set date for parties to notify qualification for allocation

(1)

In every year in which Parliament is due to expire, the Electoral Commission must specify, by notice in the Gazette, a date by which a party must notify the Electoral Commission that it considers itself qualified to receive an allocation of the money referred to in section 74.

(2)

The date specified under subsection (1) may be a date before the beginning of the election period that will apply in relation to the general election to be held in that year.

Compare: 1989 No 25 s 70A(1), (2)

Section 75: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

75A Consultation with broadcasters
[Repealed]

Section 75A: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

76 Parties to give notice of qualification

(1)

A party that considers it will be qualified under section 78(1)(b) to receive an allocation of the money referred to in section 74 must provide to the Electoral Commission a notice of qualification.

(2)

A notice must—

(a)

be in writing; and

(b)

be provided to the Electoral Commission no later than the date specified under section 75(1).

(3)

A notice must include—

(a)

the full name of the party; and

(b)

the contact details of the person providing the notice and the capacity in which he or she provides the notice; and

(c)

the contact details of the secretary of the party, if the secretary is not providing the notice; and

(d)

a statement that—

(i)

the party is registered on the Register of Political Parties; or

(ii)

the party has applied for registration on the Register of Political Parties; or

(iii)

the party intends to apply for registration on the Register of Political Parties so as to be registered on that register at the date of dissolution or expiry of Parliament; and

(e)

details of any relationships that may exist between the party and any other party in New Zealand that the Electoral Commission may need to take into account in allocating money to political parties; and

(f)

whether the party intends to submit a list under section 127 of the Electoral Act 1993 for the general election to be held in that year.

Compare: 1989 No 25 ss 70A(3), 70B, 70C

Section 76: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

76A Power of Electoral Commission to vary allocations
[Repealed]

Section 76A: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

76B Recovery of money from political party
[Repealed]

Section 76B: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

76C Procedure in relation to early elections
[Repealed]

Section 76C: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

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

Section 76D: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

77 Consultation with parties

(1)

Before making any allocation of the money referred to in section 74, the Electoral Commission must give to every party that has provided a notice under section 76 the opportunity to—

(a)

meet with the Electoral Commission; and

(b)

be heard by the Electoral Commission.

(2)

The failure of a party to make use of an opportunity afforded under subsection (1), or to comply with any request of the Electoral Commission, does not—

(a)

prevent the Electoral Commission from making an allocation of money; or

(b)

affect the validity of any allocation of money made, or not made, to a party.

Compare: 1989 No 25 s 76

Section 77: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

77A Opening addresses and closing addresses
[Repealed]

Section 77A: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

77B Duration of television programmes
[Repealed]

Section 77B: repealed, on 28 August 1990, by section 8 of the Broadcasting Amendment Act (No 2) 1990 (1990 No 103).

78 Criteria for allocating money to party

(1)

A party may only receive an allocation of the money referred to in section 74 if the party—

(a)

has provided to the Electoral Commission a notice in accordance with section 76; and

(b)

was registered on the Register of Political Parties at the time of the dissolution or expiry of Parliament.

(2)

In allocating money to a party, the Electoral Commission must have regard to—

(a)

the number of persons who voted at the immediately preceding general election for that party and for candidates belonging to that party; and

(b)

the number of persons who voted at any by-election held since the immediately preceding general election for any candidate belonging to that party; and

(c)

the number of members of Parliament who were members of that party immediately before the dissolution or expiration of Parliament; and

(d)

any relationships that exist between a party and any other party; and

(e)

any other indications of public support for that party, such as the results of public opinion polls and the number of persons who are members of that party; and

(f)

the need to provide a fair opportunity for each party to which subsection (1) applies to convey its policies to the public by the broadcasting of election programmes on television.

Compare: 1989 No 25 s 75(1), (2)

Section 78: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

79 Allocation decision

(1)

The Electoral Commission’s decision on how the money referred to in section 74 is to be allocated to parties—

(a)

must set out the allocations (which must be in any proportions that the Electoral Commission thinks fit); and

(b)

may include conditions as to the manner in which a party is to spend its allocation.

(2)

An allocation may be made to a group of related parties.

(3)

An allocation may not be made to an individual party if that party is to receive an allocation as part of a group of related parties.

(4)

A condition included in a decision under subsection (1)(b) may require a party to advise the Electoral Commission of the value of election programme bookings made by the party.

(5)

If the Electoral Commission decides to allocate money to a party, the Electoral Commission must give a copy of its decision to—

(a)

the party secretary; and

(b)

the Secretary for Justice.

(6)

A decision under this section may be made—

(a)

before the beginning of the relevant election period; or

(b)

during the relevant election period.

Compare: 1989 No 25 ss 74A(2)–(5), 75(3)

Section 79: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

79A Hours during which election programmes prohibited
[Repealed]

Section 79A: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

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

Section 79B: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

79C Returns in relation to broadcasting time
[Repealed]

Section 79C: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

79D Returns to be available for public inspection
[Repealed]

Section 79D: repealed, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

80 Electoral Commission may vary allocation

(1)

The Electoral Commission may vary a decision made under section 79 if a party to which an amount of money is allocated—

(a)

does not accept that allocation; or

(b)

ceases to be registered; or

(c)

fails to submit a list of candidates for election under section 127 of the Electoral Act 1993; or

(d)

fails to comply with any conditions imposed by the Electoral Commission under section 79(1)(b).

(2)

The Electoral Commission may also vary a decision made under section 79 if there has been a significant change in the relationship between a party that has received an allocation of money and any other party.

(3)

The Electoral Commission may vary a decision made under section 79 without affording to any party the opportunity to—

(a)

meet with the Electoral Commission; or

(b)

comment on the proposed variation.

(4)

In varying a decision made under section 79, the Electoral Commission must have regard to—

(a)

the views of parties received in the course of consultations undertaken in accordance with section 77; and

(b)

the matters specified in sections 78 and 79(3).

(5)

If an allocation of money made to a party has been spent (in whole or in part), the Electoral Commission must not vary that allocation unless—

(a)

the registration of the party is cancelled under section 70 of the Electoral Act 1993; or

(b)

the party secretary has failed to submit a list of candidates for election under section 127 of the Electoral Act 1993.

Compare: 1989 No 25 s 76A

Section 80: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

80A How allocation may be used

(1)

A party or group of related parties that receives an allocation under section 79(1)(a)

(a)

may only use that money for the purposes specified in section 74(1); and

(b)

must comply with any conditions imposed under section 79(1)(b).

(2)

Nothing in this Part restricts the amount of money that a party or group of related parties may spend, subject to the expenditure limitations prescribed by or under the Electoral Act 1993, on—

(a)

broadcasting costs in relation to candidate election programmes; or

(b)

publication costs in relation to election advertisements; or

(c)

production costs in relation to—

(i)

party election programmes; or

(ii)

candidate election programmes; or

(iii)

election advertisements.

Compare: 1989 No 25 ss 70(2A), 74B(1)

Section 80A: replaced, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

80B Payment of allocation

(1)

A party to which an amount of money is allocated under section 79 must ensure that the Electoral Commission receives, no later than 50 working days after the end of the month in which the election was held,—

(a)

all accounts issued to the party in respect of the expenditure by that party of its allocation; and

(b)

any information in relation to those accounts that the Electoral Commission requires.

(2)

No account that the Electoral Commission receives from a party after the end of the period specified in subsection (1) may be paid by the Electoral Commission, either in part or in full, from the amount of money allocated to that party under section 79.

(3)

When the Electoral Commission is satisfied that any account or a part of any account should be paid, the Electoral Commission must, from the money it received under section 74(1), pay to the person who issued the account the amount approved by the Electoral Commission for payment.

(4)

An amount of money that has been allocated to a party under section 79 and that is not paid out under subsection (3) must be repaid by the Electoral Commission to the Crown.

Compare: 1989 No 25 s 74B(2)–(5)

Section 80B: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

80C Apportionment of publishing costs incurred in relation to election advertisements published both before and during election period

(1)

This section applies if an election advertisement is published for a party or a candidate on the Internet both before the commencement of the election period and during the election period.

(2)

If this section applies, only the publishing costs attributable to the publication of the election advertisement during the election period are payable from money allocated under section 79.

Section 80C: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

80D Cost funded from party allocation not party election expense

(1)

Any cost specified in section 74(1) that is paid by the Electoral Commission from the amount of money allocated to a party under section 79 is not an election expense of the party that must be included by the party in its return of election expenses under section 206I of the Electoral Act 1993.

(2)

However, any cost specified in section 74(1) incurred in relation to an election programme or election advertisement that is paid by the Electoral Commission from the amount of money allocated to a party under section 79 is,—

(a)

to the extent that programme or advertisement is a candidate election programme or candidate advertisement, a candidate donation that must be included by the candidate in his or her return of donations under section 209 of the Electoral Act 1993; and

(b)

to the extent that programme or advertisement is a candidate advertisement, an election expense of a candidate that must be included by the candidate in his or her return of election expenses under section 205K of the Electoral Act 1993.

Section 80D: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

80E Return of party’s allocation expenses

A party secretary must file with the Electoral Commission under section 206IA of the Electoral Act 1993 a return of expenses incurred by the party that have been funded from the party’s allocation.

Section 80E: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

80F Recovery of money from party

(1)

Where effect has been given in whole or in part to an allocation made under section 79 and the Electoral Commission, acting under section 80, varies that allocation, the Electoral Commission may determine that all or part of the money paid on behalf of a party as a result of that allocation be repaid to the Crown by the party.

(2)

Where the Electoral Commission makes a determination under subsection (1),—

(a)

the Electoral Commission must give a copy of that determination to both the party secretary and the Secretary for Justice; and

(b)

the Secretary for Justice may recover from the party as a debt due to the Crown the amount specified in the determination as being repayable to the Crown by the party.

Compare: 1989 No 25 s 76B

Section 80F: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

80G Procedure in relation to early elections

(1)

This section applies if, at the time Parliament is dissolved or expires,—

(a)

the Electoral Commission has not specified a date under section 75 in respect of the election period that will apply in relation to the next general election; or

(b)

the Electoral Commission has specified such a date, but that date has not yet passed.

(2)

If this section applies, this Part applies subject to the modifications specified in section 80H.

Compare: 1989 No 25 s 76C

Section 80G: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

80H Modification to application of this Part if section 80G applies

If section 80G applies,—

(a)

section 75(1) applies as if the words “In every year in which Parliament is due to expire” were replaced with “At the earliest available opportunity”; and

(b)

section 76(3) applies as if paragraph (d) were replaced with the words “a statement that the party was registered on the Register of Political Parties at the time of the dissolution or expiry of Parliament (as the case may be); and”; and

(c)

the Electoral Commission may set, for the consultation required under section 77, any time that is reasonable in the circumstances.

Compare: 1989 No 25 s 76D

Section 80H: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

Offences

Heading: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

80I Offences relating to broadcasting

A person commits an offence and is liable on conviction to a fine not exceeding $100,000 if the person—

(a)

fails to comply with—

(i)
(ii)
(iii)
(b)

in an election period, arranges for the broadcasting of an election programme for or on behalf of a political party that is contrary to section 70.

Compare: 1989 No 25 s 80

Section 80I: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

80J Duty to report suspected offences

If the Electoral Commission believes that any person has committed an offence against section 80I, the Electoral Commission must report to the New Zealand Police the facts upon which that belief is based.

Compare: 1989 No 25 s 80A

Section 80J: inserted, on 21 March 2017, by section 4 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

Part 7 Miscellaneous provisions

81 Advertising hours

(1)

Subject to subsection (4), no broadcaster shall broadcast advertising programmes on television—

(a)

during the hours between 6 am and noon on—

(i)

Sunday; or

(ii)

Anzac Day; or

(b)

on—

(i)

Christmas Day; or

(ii)

Good Friday; or

(iii)

Easter Sunday.

(2)

Subject to subsection (4), no broadcaster shall broadcast advertising programmes on sound radio on—

(a)

Christmas Day; or

(b)

Good Friday; or

(c)

Easter Sunday.

(3)

Every person commits an offence and is liable on conviction to a fine not exceeding $100,000 who contravenes subsection (1) or subsection (2).

(4)

Nothing in this section prevents the inclusion in any programme broadcast on television or sound radio of a credit in respect of a sponsorship or underwriting arrangement entered into in relation to that programme.

(5)

Nothing in this section applies to any programme broadcast on television, where the signal for that programme—

(a)

originates outside New Zealand; and

(b)

is produced and transmitted simultaneously to both New Zealand audiences and audiences outside New Zealand; and

(c)

is targeted primarily at audiences outside New Zealand.

(6)

Nothing in this section prevents the broadcasting of advertising programmes on any broadcasting service that is primarily directed at persons temporarily resident in holiday accommodation.

Compare: 1976 No 132 s 73A; 1985 No 61 s 6

Section 81(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 81(5): added, on 8 July 1993, by section 20 of the Broadcasting Amendment Act 1993 (1993 No 69).

Section 81(6): added, on 8 July 1993, by section 20 of the Broadcasting Amendment Act 1993 (1993 No 69).

82 Regulations
[Repealed]

Section 82: repealed, on 1 July 2000, by section 11(i) of the Broadcasting Amendment Act 1999 (1999 No 63).

83 Amendment to Commerce Act 1986
[Repealed]

Section 83: repealed, on 1 January 1991, by section 46 of the Commerce Amendment Act 1990 (1990 No 41).

84 Amendment to State-Owned Enterprises Amendment Act 1987

(1)–(2)

Amendment(s) incorporated in the Act(s).

(3)

This section shall be deemed to have come into force on 1 December 1988.

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

Section 85: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).

86 Amendment to Telecommunications Act 1987

Amendment(s) incorporated in the Act(s).

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

Amendment(s) incorporated in the Act(s).

88 Consequential amendments

The enactments specified in Schedule 2 are hereby amended in the manner indicated in that schedule.

89 Repeals and savings

(1)

The enactments specified in Schedule 3 are hereby repealed.

(2)

Without limiting the provisions of the Interpretation Act 1999, it is hereby declared that the repeal of the Broadcasting Amendment Act (No 2) 1988 does not affect the amendments made by section 15 of that Act to—

(a)
[Repealed]

(c)

the Queen Elizabeth the Second Arts Council of New Zealand Act 1974; and

(e)

the Civil Defence Act 1983.

Section 89(2): amended, on 1 November 1999, pursuant to section 38(1) of the Interpretation Act 1999 (1999 No 85).

Section 89(2)(a): repealed, on 1 January 1995, by section 236(2) of the Copyright Act 1994 (1994 No 143).

90 Revocations

The regulations and order specified in Schedule 4 are hereby revoked.

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

Section 91: repealed, on 1 July 2000, by section 11(j) of the Broadcasting Amendment Act 1999 (1999 No 63).

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

Section 92: repealed, on 14 March 2008, by section 15(a) of the Broadcasting Amendment Act 2008 (2008 No 3).

93 Transitional provisions in relation to Broadcasting Tribunal
[Repealed]

Section 93: repealed, on 14 March 2008, by section 15(b) of the Broadcasting Amendment Act 2008 (2008 No 3).

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

Section 94: repealed, on 14 March 2008, by section 15(c) of the Broadcasting Amendment Act 2008 (2008 No 3).

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

Section 95: repealed, on 14 March 2008, by section 15(d) of the Broadcasting Amendment Act 2008 (2008 No 3).

96 Final Report of Broadcasting Tribunal
[Repealed]

Section 96: repealed, on 14 March 2008, by section 15(e) of the Broadcasting Amendment Act 2008 (2008 No 3).

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

Section 97: repealed, on 6 April 2004, by section 36 of the New Zealand Symphony Orchestra Act 2004 (2004 No 20).

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

(1)

Subject to subsection (2), any approval given by the Broadcasting Tribunal before 1 July 1989 under any provision of Part 5 of the Broadcasting Regulations 1977 so far as it is subsisting or in force at the time of the revocation of those regulations and could have been given by the Minister under Part 5 shall continue to have effect as if it had been given by the Minister under the corresponding provision of Part 5, and as if that provision had been in force when the approval was given.

(2)

Any approval that has effect by virtue of subsection (1) may at any time be withdrawn by the Minister; and any condition subject to which any such approval was given may from time to time be revoked, varied, or added to by the Minister.

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

ss 34, 53

1 Extraordinary vacancies
[Repealed]

Schedule 1 clause 1: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

2 Meetings
[Repealed]

Schedule 1 clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

3 Remuneration and travelling allowances
[Repealed]

Schedule 1 clause 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

4 Employees
[Repealed]

Schedule 1 clause 4: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

5 Personnel policy
[Repealed]

Schedule 1 clause 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

6 Equal employment opportunities programme
[Repealed]

Schedule 1 clause 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

7 Choice of procedure
[Repealed]

Schedule 1 clause 7: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

8 Superannuation or retiring allowances

For the purpose of providing a superannuation fund or retiring allowance for any members of the Authority or the Commission, sums by way of subsidy or contribution may from time to time be paid into any scheme under the National Provident Fund Act 1950 containing provision for employer subsidy, or into any other employer-subsidised scheme.

Schedule 1 clause 8: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

9 Application of certain Acts to members and employees
[Repealed]

Schedule 1 clause 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

10 Bank accounts
[Repealed]

Schedule 1 clause 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

11 Investment of money
[Repealed]

Schedule 1 clause 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

11A Crown entity
[Repealed]

Schedule 1 clause 11A: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

12 Financial statements
[Repealed]

Schedule 1 clause 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

13 Audit of accounts and financial statements
[Repealed]

Schedule 1 clause 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

14 Annual report
[Repealed]

Schedule 1 clause 14: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

15 Statement of Commission’s goals
[Repealed]

Schedule 1 clause 15: repealed, on 8 July 1993, by section 21(c) of the Broadcasting Amendment Act 1993 (1993 No 69).

16 Members not personally liable
[Repealed]

Schedule 1 clause 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Schedule 2 Enactments amended

[Repealed]

s 88

Schedule 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Schedule 3 Repeals

s 89(1)

Broadcasting Act 1976 (1976 No 132) (RS Vol 13, p 1)
Broadcasting Amendment Act 1977 (1977 No 45) (RS Vol 13, p 87)
Broadcasting Amendment Act (No 2) 1977 (1977 No 184) (RS Vol 13, p 87)
Broadcasting Amendment Act 1979 (1979 No 49) (RS Vol 13, p 88)
Broadcasting Amendment Act 1981 (1981 No 109) (RS Vol 13, p 89)
Broadcasting Amendment Act 1982 (1982 No 6) (RS Vol 13, p 89)
Broadcasting Amendment Act (No 2) 1982 (1982 No 178) (RS Vol 13, p 92)
Broadcasting Amendment Act 1985 (1985 No 61)
Broadcasting Amendment Act (No 2) 1985 (1985 No 167)
Broadcasting Amendment Act (No 2) 1988 (1988 No 161)
State-Owned Enterprises Act 1986 (1986 No 124)

Amendment(s) incorporated in the Act(s).

State-Owned Enterprises Amendment Act 1987 (1987 No 117)

Amendment(s) incorporated in the Act(s).

Schedule 4 Regulations and orders revoked

s 90

Broadcasting Regulations 1977 (SR 1977/11)
Broadcasting Regulations 1977, Amendment No 1 (SR 1977/236)
Broadcasting Regulations 1977, Amendment No 2 (SR 1977/287)
Broadcasting Regulations 1977, Amendment No 5 (SR 1981/295)
Broadcasting Regulations 1977, Amendment No 6 (SR 1983/36)
Broadcasting Regulations 1977, Amendment No 7 (SR 1985/197)
Broadcasting Regulations 1977, Amendment No 8 (SR 1986/204)
Broadcasting Regulations 1977, Amendment No 9 (SR 1987/76)
Broadcasting Regulations 1977, Amendment No 10 (SR 1987/312)
Broadcasting Regulations 1977, Amendment No 11 (SR 1989/36)
Revocation of Broadcasting Amendment Regulations (SR 1980/120)
Reprints notes
1 General

This is a reprint of the Broadcasting Act 1989 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8)

Te Ture mō Te Reo Māori 2016/Māori Language Act 2016 (2016 No 17): section 50

Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102): section 126

Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8

Sale and Supply of Alcohol Act 2012 (2012 No 120): section 417(1)

Legislation Act 2012 (2012 No 119): section 77(3)

Criminal Procedure Act 2011 (2011 No 81): section 413

Financial Reporting Amendment Act 2011 (2011 No 22): section 12

Broadcasting Amendment Act 2008 (2008 No 3)

Broadcasting Amendment Act (No 2) 2007 (2007 No 112)

Broadcasting Amendment Act 2007 (2007 No 42)

Crown Entities Act 2004 (2004 No 115): section 200

Broadcasting Amendment Act 2004 (2004 No 100)

New Zealand Symphony Orchestra Act 2004 (2004 No 20): section 36

Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 (2003 No 21): section 59

Broadcasting Amendment Act 2003 (2003 No 14)

Television New Zealand Act 2003 (2003 No 1): section 30

Broadcasting Amendment Act 2001 (2001 No 57)

Broadcasting Amendment Act 2000 (2000 No 3)

Interpretation Act 1999 (1999 No 85): section 38(1)

Broadcasting Amendment Act 1999 (1999 No 63)

Broadcasting Amendment Act 1998 (1998 No 28)

Broadcasting Amendment Act 1996 (1996 No 53)

Radio New Zealand Act 1995 (1995 No 52): section 20

Copyright Act 1994 (1994 No 143): section 236(2)

Films, Videos, and Publications Classification Act 1993 (1993 No 94): section 150(1)

Broadcasting Amendment Act 1993 (1993 No 69)

Public Finance Amendment Act 1992 (1992 No 142): section 42

Defamation Act 1992 (1992 No 105): section 56(1)

Judicature Amendment Act 1991 (1991 No 60): section 3(4)

Broadcasting Amendment Act 1991 (1991 No 21)

Broadcasting Amendment Act (No 2) 1990 (1990 No 103)

Commerce Amendment Act 1990 (1990 No 41): section 46