Broadcasting Amendment Act 2004

10 New sections 71 to 73 substituted

• The principal Act is amended by repealing sections 71 to 73, and substituting the following sections:

  “71 Opening addresses and closing addresses to be broadcast free

  • “(1) TVNZ and RNZ must each provide time, free of charge, for the broadcasting, in an election period, of the opening addresses and closing addresses of political parties.

    “(2) TVNZ must broadcast opening addresses and closing addresses on 1 free-to-air channel with national coverage.

    “(3) RNZ must broadcast opening addresses and closing addresses on the service known as National Radio.

    “(4) Opening addresses and closing addresses must be broadcast in accordance with section 77A, (which sets out when, and at what time, opening addresses and closing addresses are to be broadcast, and certain other provisions relating to the broad-casting of opening addresses and closing addresses).

  “71A Electoral Commission to ascertain time available for opening addresses and closing addresses

  • “(1) During the term of each Parliament, or as soon as practicable after a Parliament is dissolved or expires, the Electoral Commission must require TVNZ and RNZ to supply a statement of the amount of time that each of them will provide, free of charge, for the broadcasting of the opening addresses and closing addresses of political parties at the next election.

    “(2) The statement must be supplied to the Electoral Commission within such reasonable time as the Electoral Commission specifies. The Electoral Commission may at any time shorten or extend that deadline, whether before or after it has expired.

    “(3) A statement provided in accordance with this section—

    • “(a) may include proposals for the allocation, to political parties, of the time that will be provided for the broad-casting of opening addresses and closing addresses; and

    • “(b) must state any conditions proposed in relation to the scheduling and duration of opening addresses and closing addresses within the time that the broadcaster will provide.

    “(4) In making proposals under subsection (3)(a), TVNZ or RNZ, as the case requires, must have regard to the provisions of section 75.

  “72 Electoral Commission to refer statements to political parties

  • “(1) As soon as practicable after receiving statements from TVNZ and RNZ in accordance with section 71A, the Electoral Commission must give a copy of those statements to—

    • “(a) each political party that has given a notice to the Electoral Commission under section 70A(3); and

    • “(b) the Minister of Justice.

    “(2) The Electoral Commission must ensure, as far as practicable, that each of the intended recipients receives copies of the statements on the same day.

  “73 Allocation of time to political parties

  • “(1) In respect of each election period, the Electoral Commission must allocate to political parties, in such proportions as the Electoral Commission considers appropriate, the time that TVNZ and RNZ have made available for opening addresses and closing addresses in accordance with section 71A.

    “(2) In allocating time to political parties under subsection (1), the Electoral Commission—

    • “(a) must consider whether any proposals made under section 71A(3)(a) for the allocation of broadcasting time can be adopted either in full or with modifications specified by the Electoral Commission; and

    • “(b) must modify proposals made under section 71A(3)(a) if, in the opinion of the Electoral Commission, the proposals are not consistent with the provisions of section 75.

    “(3) The Electoral Commission must not allocate any time to an individual political party under this section if that political party has received an allocation of time under this section as part of a group of related political parties.

    “(4) This section is subject to sections 75, 75A, and 76.”