Broadcasting Amendment Act 2004

15 New sections 76C to 77A substituted

• The principal Act is amended by repealing sections 76C to 77A, and substituting the following sections:

  “76C Procedure in relation to early elections

  • “(1) This section applies if, at the time Parliament is dissolved or expires, either—

    • “(a) the Electoral Commission has not specified a date under section 70A(1) 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,—

    • “(a) this Part applies subject to the modifications specified in section 76D; and

    • “(b) any notice given by the Electoral Commission under section 70A(1) must be disregarded.

  “76D Modifications to application of this Part if section 76C applies

  • “(1) At the earliest available opportunity, the Electoral Commission must specify, by notice in the Gazette, a date by which any political party that considers it will qualify for an allocation of time under section 73 or of money under section 74A, in respect of the election period that will apply in relation to the general election, must notify the Electoral Commission that it considers itself to be so qualified.

    “(2) Each political party that considers it will qualify for an allocation of time under section 73 or of money under section 74A must notify the Electoral Commission, by any means that the party considers appropriate, that it considers itself to be so qualified.

    “(3) For the purposes of subsection (2) and despite section 75(1), a party is eligible for an allocation of time under section 73 or of money under section 74A if—

    • “(a) that party was registered on the Register of Political Parties at the time of the dissolution of Parliament for the election or, as the case requires, at the time that Parliament expired; and

    • “(b) no later than the date specified under subsection (1), that party gives to the Electoral Commission, in relation to the election, a notice that complies with the requirements of subsection (4).

    “(4) The requirements referred to in subsection (3)(b) are—

    • “(a) the notice must comply with the requirements of subsection (2):

    • “(b) the notice must comply with the requirements of paragraphs (a), (b), (c), (e), and (g) of section 70C.

    “(5) The Electoral Commission may set, for the consultation required under section 75A(1)(a), any time period that is reasonable in the circumstances.

    “(6) The Electoral Commission may require any political party that wishes to make use of the opportunity to meet with and be heard by the Electoral Commission under section 76(2) to make use of that opportunity within any reasonable period of time that the Electoral Commission specifies.

  “77 Broadcasting of opening addresses and closing addresses

  • “(1) TVNZ and RNZ must act in accordance with the allocations of time under section 73 applying to them.

    “(2) Subsection (3) applies if there is a dispute between any of the following concerning the time at which any election programme is to be broadcast free of charge:

    • “(a) any broadcaster and any political party; or

    • “(b) any broadcaster and any other broadcaster; or

    • “(c) any political party and any other political party.

    “(3) If there is a dispute,—

    • “(a) the Electoral Commission is to decide the matter in dispute; and

    • “(b) the Electoral Commission's decision is final.

  “77A Opening addresses and closing addresses

  • “(1) Opening addresses and closing addresses for which time has been allocated to political parties under section 73 must be broadcast between 7 pm and 9 pm.

    “(2) All closing addresses must be broadcast on the same night in the last week of the election period.

    “(3) An advertising programme must not be broadcast—

    • “(a) during an opening address:

    • “(b) during a closing address:

    • “(c) between different closing addresses.

    “(4) An election programme that is not an opening address or a closing address must not be broadcast—

    • “(a) during an opening address:

    • “(b) between different opening addresses that are broadcast on the same night:

    • “(c) during a closing address:

    • “(d) between different closing addresses.

    “(5) The Electoral Commission must—

    • “(a) determine each amount to be paid to TVNZ or RNZ on account of the production costs of every opening address and every closing address broadcast under section 71; and

    • “(b) pay that amount to the person who issued the account for the production costs of the opening address or closing address.

    “(6) Each amount paid under subsection (5)(b) must be paid out of public money appropriated by Parliament (or deemed by section 74(2) to have been appropriated by Parliament) for the purpose specified in section 74(1).”