New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 25 October 2006
| Public Act | 2003 No 21 |
| Date of assent | 7 May 2003 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by Te Puni Kōkiri.
Part 1
Preliminary provisions and provisions to establish Māori Television Service and Te Pūtahi Paoho
Subpart 1—Preliminary provisions
Subpart 2—Māori Television Service
Establishment of Māori Television Service
Key provisions about Māori Television Service
13 Membership of Te Pūtahi Paoho
14 Change in composition of Te Pūtahi Paoho
15 Functions of Te Pūtahi Paoho
16 Joint responsibilities of responsible Ministers and chairperson of Te Pūtahi Paoho
17 Resolution of disagreement between the responsible Ministers and the chairperson of Te Pūtahi Paoho
Part 2
Key provisions relating to appointment and duties of directors, transfer of UHF right, accountability of Service, and establishment of related entities
Subpart 1—Key provisions about board of directors
Board is governing body of Service
Appointment of board of directors
Subpart 2—Provisions relating to UHF right
Transfer of UHF right to Service
21 Transfer of UHF right from Crown to Service
22 Use of UHF right by Service
23 Transfer of UHF right and spectrum licences by Service
24 Role of Te Pūtahi Paoho in relation to UHF right
Subpart 3—Accountability required of Service
Key provisions on accountability of Service
26 Overview of accountability responsibilities
Key document of accountability: Statement of intent
27 Purpose of statement of intent
28 Obligation to prepare statement of intent
Contents of statement of intent
29 Contents of statement of intent
30 Matters for consultation and reporting must be identified
Process for creating and finalising statement of intent
31 Creating and finalising statement of intent
32 Effective date and term of statement of intent
Amendments to statement of intent
33 When statement of intent may be amended
34 Mandatory amendment of statement of intent
35 Amendments must be presented to House of Representatives
36 Effective date of amendments
Key document of accountability: Output agreement
37 Purpose of output agreement
38 Preparation of output agreement
39 Contents of output agreement
40 Formal requirements for output agreement
Key document of accountability: Annual report
Other documents of accountability
42 Statement of responsibility
44 Annual report presented to House of Representatives
45 Shares or interests in related entities
46 Limits to functions and powers of subsidiary
47 Remuneration and allowances
Part 3
Provisions for termination of Te Reo Māori Television Trust (Te Awhiorangi), transitional arrangements for establishment Service, etc, provision for review of Act, and amendments to other Acts
Subpart 1—Provisions for termination of Te Reo Māori Television Trust (Te Awhiorangi)
Te Reo Māori Television Trust (Te Awhiorangi) terminated
Subpart 2—Transitional arrangements relating to establishment Service, etc
52 Provisions relating to decisions, etc, in transition period
53 Transition from establishment board
55 Assets and liabilities of establishment bodies
Subpart 4—Amendments to other Acts
57 Amendment to Ombudsmen Act 1975
58 Amendment to Official Information Act 1982
59 Amendment to Broadcasting Act 1989
60 Amendment to Public Audit Act 2001
Schedule 1
Provisions relating to Te Pūtahi Paoho
Schedule 2
Provisions relating to appointment of directors and terms of holding office on board
(1) I roto i tana Pūrongo mō Te Reo Maori (WAI 11) ka whakatauhia e te Rūnanga Whakamana i te Tiriti o Waitangi e whai mana ana te Tiriti o Waitangi ki te whakapūmau wāhi noho tahitanga mō ngā iwi e rua ki Aotearoa. Ka whakatau te Rūnanga, he iho matua taketake te reo Māori nō ngā tikanga Māori, ā, me noho tonu mai hei taonga tūturu. Ka puta hoki te whakapae a te Rūnanga mēnā ka taea ngā mātāpono me ngā whāinga whānui te whakatutuki ki te kore e kitea he ahurewa tōtika mō te reo Māori. I whakatauhia anō hoki e te Rūnanga he here tā te Tiriti kia kaha ake te ūtanga o te Karauna ki te tiaki i te reo Māori. Ka whakaae te Karauna ki ēnei whakatau:
(2) I te whiu ā-ture, ko te whakatau a te Komiti ā-Ture a te Kaunihera Piriwiri i te marama o Hakihea 1993 (Kaunihera Māori v Te Toa Ture Tianara [1994] 1 NZLR 513) tōna otinga, ka whakaae te Karauna he here mutunga kore tā ngā mātāpono o te Tiriti o Waitangi ki te pīkau kia pūmau tonu te manaaki i te reo Māori mā te whakamahia o ngā mahi pāpāho reo irirangi, whakaata irirangi anō hoki:
(3) I roto i tēra whiu ā-ture ka whakatakotoria e te Karauna tāna kaupapa takawā e hāngai ana, i tua atu i ētahi atu āhuatanga, ki te whanaketanga o tētahi ratonga whakaata irirangi Māori motuhake. Ko te Aratuku Whakaata Irirangi Māori tētahi otinga nui o te kaupapa i kōkiritia hei tiaki, hei whakatairanga i te reo Māori i runga whakaata irirangi:
(4) Ko te tikanga mā te whakatūranga o te Aratuku Whakaata Irirangi e whai wāhi maru ai te reo Māori me ngā tikanga Māori, ā, e whai mana ai, e kaha ake ai te whakatairanga kia tutuki ai te whakaū a te Karauna ki te tiaki ki te whakatairanga anō hoki i te reo Māori me ngā tikanga Māori mā roto i ngā mahi pāpāho.
(1) In its Te Reo Maori Report (Wai 11), the Waitangi Tribunal found that the Treaty of Waitangi was directed to ensuring a place for 2 peoples in New Zealand. The Tribunal found that the Māori language is an essential part of Māori culture and must be regarded as a taonga, a valued possession. The Tribunal questioned whether the principles and broad objectives of the Treaty of Waitangi could be achieved without a recognised place for the Māori language. The Tribunal found that the Crown is obliged by the Treaty to take active steps to protect the Māori language. The Crown accepted these findings:
(2) In the litigation that culminated in the decision of the Judicial Committee of the Privy Council in December 1993 (New Zealand Maori Council v Attorney General [1994] 1 NZLR 513), the Crown accepted that the principles of the Treaty of Waitangi impose a continuing obligation to take such steps as are reasonable to assist in the preservation of te reo Māori by the use of both radio and television broadcasting:
(3) In that litigation, the Crown outlined a time frame relating to, among other things, the development of special purpose Māori television. The Māori Television Service is a key result of the policy developed for protecting and promoting te reo Māori on television:
(4) The establishment of the Māori Television Service in which te reo Māori me ngā tikanga Māori have a secure place and are recognised and actively promoted is intended to contribute to meeting the Crown's commitment to the protection and promotion of te reo Māori me ngā tikanga Māori through broadcasting.
