Broadcasting Amendment Act 2004

13 New sections 75A and 76 substituted

• The principal Act is amended by repealing sections 75A and 76, and substituting the following sections:

  “75A Consultation with broadcasters

  • “(1) The Electoral Commission must not allocate time under section 73 or make an allocation of money under section 74A, or make a determination under section 77A(5)(a), unless—

    • “(a) the Electoral Commission has—

      • “(i) consulted with those broadcasters that are likely to be affected by the allocation or determination; and

      • “(ii) provided those broadcasters with the opportunity to give the Electoral Commission their comments on the proposed allocation or determination; and

    • “(b) the Electoral Commission has considered those comments (if any).

    “(2) If the Electoral Commission adopts in full, under section 73, a proposal made by TVNZ or RNZ under section 71A(3)(a), the Electoral Commission is not required by subsection (1) to consult with that broadcaster.

    “(3) If, after complying with subsection (1), the Electoral Commission later modifies an allocation or a determination, the Electoral Commission does not have to provide any broadcaster with a further opportunity to comment on the modified allocation or determination.

    “(4) The failure of any broadcaster to make use of the opportunity to consult with, or to give comments to, the Electoral Commission under subsection (1), or to comply with any other request of the Electoral Commission,—

    • “(a) does not prevent the Commission making—

      • “(i) an allocation of time under section 73; or

      • “(ii) an allocation of money under section 74A; or

      • “(iii) a determination under section 77A(5)(a); and

    • “(b) does not affect the validity of any allocation or determination made under any of those sections.

  “76 Consultation with political parties

  • “(1) The Electoral Commission must comply with subsection (2)—

    • “(a) before allocating time to a political party under section 73; and

    • “(b) before allocating any money under section 74A; and

    • “(c) before making any determination under section 77A(5)(a).

    “(2) Before doing any of the things referred to in subsection (1), the Electoral Commission must grant to every political party that has given a notice to the Electoral Commission under section 70A(3) the opportunity to meet with and be heard by the Electoral Commission.

    “(3) If, after complying with subsection (2), the Electoral Commission later modifies an allocation or a determination, the Electoral Commission does not have to provide any political party with any further opportunity to meet with and be heard by the Electoral Commission.

    “(4) The failure of any political party to make use of the opportunity to meet with and be heard by the Electoral Commission under subsection (2), or to comply with any other request of the Electoral Commission,—

    • “(a) does not prevent the Commission making—

      • “(i) an allocation of time under section 73; or

      • “(ii) an allocation of money under section 74A; or

      • “(iii) a determination under section 77A(5)(a); and

    • “(b) does not affect the validity of any allocation or determination made under any of those sections.”