Radio New Zealand Act 1995

Reprint
as at 5 December 2013

Coat of Arms of New Zealand

Radio New Zealand Act 1995

Public Act1995 No 52
Date of assent25 September 1995
Commencementsee section 1(2)

Note

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


An Act to facilitate the restructuring of Radio New Zealand Limited

1 Short Title and commencement
  • (1) This Act may be cited as the Radio New Zealand Act 1995.

    (2) This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.

    Section 1(2): Radio New Zealand Act 1995 brought into force, on 1 December 1995, by the Radio New Zealand Act Commencement Order 1995 (SR 1995/226).

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Charter means the Charter of the public radio company as expressed in section 7

    constitution means the constitution (within the meaning of the Companies Act 1993) of the public radio company

    Crown entity subsidiary has the same meaning as in the second column of section 7(1)(c) of the Crown Entities Act 2004

    existing company means the company that, at the commencement of this Act, is the State enterprise known as Radio New Zealand Limited

    governor means any person who is appointed as a director of the public radio company in accordance with section 14

    public radio company means the company that, at the commencement of this Act, is known as New Zealand Public Radio Limited

    Registrar means the Registrar of Companies appointed in accordance with section 357(1) of the Companies Act 1993

    responsible Minister means, subject to any enactment, 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 Radio New Zealand

    shareholding Ministers has the same meaning as in section 10 of the Crown Entities Act 2004.

    Section 2 constitution: replaced, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

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

    Section 2 Crown entity subsidiary: amended, on 18 July 2013, by section 42 of the Crown Entities Amendment Act 2013 (2013 No 51).

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

    Section 2 subsidiary: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

3 Act to bind the Crown
  • This Act binds the Crown.

Shareholding in public radio company

[Repealed]

  • Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

4 Authorising Crown shareholding in public radio company
  • [Repealed]

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

5 Further provisions relating to Ministers' shareholding
  • [Repealed]

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

6 Ministers to hold all shares
  • [Repealed]

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

Charter and principles of public radio company

7 Charter
  • (1) The functions of the public radio company shall be to provide innovative, comprehensive, and independent broadcasting services of a high standard and, without limiting the generality of the foregoing, to provide—

    • (a) programmes which contribute towards intellectual, scientific, and cultural, spiritual, and ethical development, promote informed debate, and stimulate critical thought; and

    • (b) a range of New Zealand programmes, including information, special interest, and entertainment programmes, and programmes which reflect New Zealand's cultural diversity, including Maori language and culture; and

    • (c) programmes which provide for varied interests and a full range of age groups within the community, including information, educational, special interest, and entertainment programmes; and

    • (d) programmes which encourage and promote the musical, dramatic, and other performing arts, including programmes featuring New Zealand and international composers, performers, and artists; and

    • (e) a nationwide service providing programming of the highest quality to as many New Zealanders as possible, thereby engendering a sense of citizenship and national identity; and

    • (f) comprehensive, independent, impartial, and balanced national news services and current affairs, including items with a regional perspective; and

    • (g) comprehensive, independent, impartial and balanced international news services and current affairs; and

    • (ga) an international radio service to the South Pacific (Radio New Zealand International), which may include a range of programmes in English and Pacific languages; and

    • (h) archiving of programmes which are likely to be of historical interest in New Zealand.

    (2) In providing broadcasting services, the public radio company shall take account of—

    • (a) recognised standards of excellence; and

    • (b) its responsibility as the provider of an independent national broadcasting service to provide a balance between programmes of wide appeal and programmes of interest to minority audiences; and

    • (c) the broadcasting services provided by other broadcasters; and

    • (d) surveys, commissioned annually, of persons who are members of its current audiences to establish whether those members consider that the quality and quantity of its services are being maintained in accordance with subsection (1); and

    • (e) surveys, commissioned from time to time, of persons who are not members of its current audiences.

    (2A) The public radio company must, as part of its annual report, inform the shareholding Ministers of—

    • (a) the objectives and results of the annual surveys of its current audiences under subsection (2)(d); and

    • (b) the objectives and results of any surveys of people not in its current audiences under subsection (2)(e); and

    • (c) the measures, if any, it has taken in response to those results.

    (3) Subsections (1) and (2) constitute the Charter of the public radio company.

    (4) The Charter shall be reviewed by the House of Representatives at 5-yearly intervals.

    Section 7(1)(a): amended, on 1 July 2004, by section 3(1) of the Radio New Zealand Amendment Act 2004 (2004 No 18).

    Section 7(1)(c): amended, on 1 July 2004, by section 3(2) of the Radio New Zealand Amendment Act 2004 (2004 No 18).

    Section 7(1)(ga): inserted, on 1 July 2004, by section 3(3) of the Radio New Zealand Amendment Act 2004 (2004 No 18).

    Section 7(2)(d): substituted, on 1 July 2004, by section 3(4) of the Radio New Zealand Amendment Act 2004 (2004 No 18).

    Section 7(2)(e): added, on 1 July 2004, by section 3(4) of the Radio New Zealand Amendment Act 2004 (2004 No 18).

    Section 7(2A): inserted, on 1 July 2004, by section 3(5) of the Radio New Zealand Amendment Act 2004 (2004 No 18).

8 Principles of operation
  • (1) The public radio company shall, in fulfilling its Charter, exhibit a sense of social responsibility by having regard to the interests of the community in which it operates and by endeavouring to accommodate or encourage those interests when able to do so.

    (2) The public radio company shall, in fulfilling its Charter, operate in a financially responsible manner so that it maintains its financial viability.

    (3) For the purposes of subsection (2), the public radio company is financially viable if—

    • (a) the activities of the company generate, on the basis of generally accepted accounting principles, an adequate rate of return on shareholders' funds; and

    • (b) the company is operating as a successful going concern.

    Compare: 1992 No 47 s 5

9 Personnel policy
  • [Repealed]

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

10 Equal employment opportunities
  • [Repealed]

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

Ministers and editorial independence of public radio company

11 Ministers and their role
  • (1) [Repealed]

    (2) The shareholding Ministers shall exercise or perform the powers, duties, and functions conferred or imposed on them with respect to the public radio company in a manner that is consistent with the Charter of the company and the principles of operation of the company (as expressed in section 8).

    (3) The shareholding Ministers may, by written notice to the board of the public radio company, determine the amount of dividend payable by the public radio company to the Crown in respect of any financial year or years.

    (4) Before giving any notice under subsection (3), the shareholding Ministers must—

    • (a) have regard to the functions and principles of operation of the public radio company; and

    • (b) comply with section 115 of the Crown Entities Act 2004.

    Compare: 1992 No 47 s 6

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

    Section 11(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 11(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

12 Information to be laid before House of Representatives
  • [Repealed]

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

13 Ministers of the Crown not to give certain directions
  • (1) 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 to the public radio company, or any Crown entity subsidiary of the company, or any director or officer or employee of the company or any such Crown entity subsidiary, in respect of—

    • (a) a particular programme or a particular allegation or a particular complaint; or

    • (b) the gathering or presentation of news or the preparation or presentation of current affairs programmes; or

    • (c) the responsibility of the company for programme standards.

    (2) No director of the public radio company, or of any Crown entity subsidiary of the company, may be removed for any reason relating to—

    • (a) a particular programme or a particular allegation or a particular complaint; or

    • (b) the gathering or presentation of news or the preparation or presentation of current affairs programmes; or

    • (c) the responsibility of the company for programme standards.

    (3) Section 97(g) of the Crown Entities Act 2004 does not apply to the public radio company.

    Compare: 1988 No 162 s 7; 1989 No 25 s 87

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

    Section 13(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 13(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Governors of public radio company

14 Appointment of governors
  • (1) The directors of the public radio company shall be known as governors.

    (2) [Repealed]

    (3) The governors of the public radio company shall be persons who, in the opinion of the responsible Minister, will bring (either individually or collectively) a wide range of skills to the board of the company, including—

    • (a) [Repealed]

    • (b) knowledge of, or experience in, the provision of high quality public radio services:

    • (c) ability to reflect a diverse range of community views.

    (4) No governor of the public radio company shall be appointed to represent, or promote the views of, a particular interest group.

    (5) This section does not limit section 89 of the Crown Entities Act 2004.

    Section 14(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 14(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 14(3)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 14(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

15 Role of governors
  • (1) [Repealed]

    (2) The governors of the public radio company shall exercise or perform the powers, duties, and functions conferred or imposed on them with respect to the company in a manner that is consistent with the Charter of the company and the principles of operation of the company (as expressed in section 8).

    Compare: 1992 No 47 s 7

    Section 15(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Crown entity

16 Crown entity
  • (1) The public radio company is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

    (2) The Crown Entities Act 2004 applies to the public radio company except to the extent that this Act expressly provides otherwise.

    Section 16: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Audit of public radio company

[Repealed]

  • Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

17 Audit
  • [Repealed]

    Section 17: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Protection of name Radio New Zealand News

18 Protection of name
  • (1) No body shall be incorporated or registered under any enactment, or in any other manner, under the name Radio New Zealand News.

    (2) No person other than the public radio company shall, either alone or with any other person or persons,—

    • (a) trade or carry on business, or provide radio news services, under the name Radio New Zealand News without the prior consent of the public radio company; or

    • (b) trade or carry on business, or provide radio news services, under any other name, knowing that the name so resembles the name Radio New Zealand News as to be likely to mislead any person.

    (3) Every person who contravenes subsection (2) commits an offence, and is liable on conviction to a fine not exceeding $2,500.

    Section 18(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Provisions relating to separation

19 Change of name of companies
  • (1) The Registrar shall—

    • (a) change the name of the existing company to The Radio Company Limited on the New Zealand register; and

    • (b) change the name of the public radio company to Radio New Zealand Limited on the New Zealand register; and

    • (c) issue new certificates of incorporation for each of the companies recording the change of names.

    (2) The change of names—

    • (a) takes effect from the date of the certificate issued under subsection (1); and

    • (b) subject to sections 20 and 21, does not affect rights or obligations of either of the companies or legal proceedings by or against either of the companies, and legal proceedings that have or might have been commenced against either company under its former name may be continued or commenced against it under its new name.

    (3) Nothing in this section prevents the name of either company being changed in accordance with the provisions of the Companies Act 1993.

    Section 19(3): amended, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

20 Amendments to other enactments
  • The enactments specified in the Schedule are hereby amended in the manner indicated in that schedule.

21 Reference to Radio New Zealand Limited in other legislation
  • Every reference in any Act other than this Act to Radio New Zealand Limited shall be read and construed as a reference to the public radio company.


Schedule
Enactments amended

s 20

Broadcasting Act 1989 (1989 No 25)

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

Income Tax Act 1994 (1994 No 164)

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

Official Information Act 1982 (1982 No 156) (RS Vol 21, p 579)

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

Ombudsmen Act 1975 (1975 No 9) (RS Vol 21, p 657)

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

Privacy Act 1993 (1993 No 28)

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

Public Finance Act 1989 (1989 No 44) (RS Vol 33, p 419)

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

Radio Communications Act 1989 (1989 No 148)

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

State-Owned Enterprises Act 1986 (1986 No 124) (RS Vol 33, p 813)

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

State-Owned Enterprises Amendment Act (No 4) 1988 (1988 No 162) (RS Vol 33, p 877)

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


Reprints notes
1 General
  • This is a reprint of the Radio New Zealand Act 1995 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, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint