New Zealand Legislation: Bills
Bills are proposed Acts
This Bill amends the Television New Zealand Act 2003 (the Act). It replaces the TVNZ Charter in section 12 of the Act with a briefer, and less prescriptive, statement of functions, which enables Television New Zealand (TVNZ) to determine its own priorities against a general set of functions. It also specifies that TVNZ is to provide content through a range of media, in addition to the conventional television channels. It amends section 28 of the Act, which prohibits shareholding Ministers from giving certain directions to TVNZ, by making this prohibition apply to content in general and not only programmes. The Bill also repeals provisions of the Act that are spent.
The other purpose of the Bill is to allow for the rescreening of television programmes that were produced before the establishment of the Broadcasting Commission (NZ On Air) in 1989. These works, which are held in the TVNZ Archive, are not currently able to be shown in their entirety because, with the passage of time, some rights holders cannot be located. It is in the public interest that they be seen again, as part of New Zealand’s screen heritage. The Bill therefore creates a new Part 4A (TVNZ archived works) to make provision for the rescreening of such works while recognising the interests of rights holders. This new Part specifies that TVNZ may rescreen the works in question without charge to the public, while giving notice to potential rights holders.
As part of the recognition of the interests that are held in these works, the Bill requires a fund to be established from which compensatory payments may be made to rights holders. Those who believe they have an interest in an archived work will be given the opportunity to register their interest. Those who do so will be eligible to receive compensatory payment in accordance with an assessment made of that interest. Provision is made for assessment according to the role played by a person in the production.
A review process is provided for those whose registration is declined or who are dissatisfied with the calculation of the payment allocated to them, or who, through no fault of their own, were not able to register their interest during the period allowed, and wish to pursue that interest.
Clause 1 is the Title clause.
Clause 2 is the commencement clause. The Bill comes into force on the day after the date it receives Royal assent.
Clause 3 provides that the Bill amends the Television New Zealand Act 2003 (the Act).
Clause 4 amends the Purpose clause of the Act to reflect the fact that the Charter is replaced by a more general statement of the functions of TVNZ, and that TVNZ is a multimedia company as well as a conventional broadcaster. The clause includes reference to the provision of a process for the screening of certain programmes made before 27 May 1989 (the date of the establishment of the Broadcasting Commission, NZ On Air).
Clause 5 sets out new definitions, including the definitions of key terms such as content, programme, and screen.
Clause 6 repeals section 12, which sets out the Charter, and substitutes new section 12, which states the functions of TVNZ.
Clause 7 consequentially repeals sections 22 and 23 of the Act, which relate to the reporting functions of TVNZ, now covered by the Crown Entities Act 2004.
Clause 8 consequentially amends section 27 of the Act in relation to the reporting requirements of TVNZ arising from the functions inserted by clause 6.
Clause 9 amends section 28 of the Act by including content among the matters for which editorial independence is preserved.
Clause 10 inserts a new Part 4A (TVNZ archived works) to provide the means for TVNZ to rescreen, for the public benefit, archived works the screening of which would otherwise be subject to the rights of persons with a contractual or copyright interest in those works.
New section 29A sets out definitions applying in new Part 4A. Key definitions include archived work and scheme.
New section 29B states the purpose of this Part, which is to enable TVNZ to screen archived works while also recognising the rights that persons with an interest in an archived work would have had, but for this Part.
New section 29C sets out the circumstances in which TVNZ may screen archived works and provides for it to grant to the Māori Television Service the right to screen archived works and for TVNZ to enter into arrangements with NZ On Screen to screen archived works. Works screened under this section must be screened free of charge.
New section 29D provides that the rights and privileges of persons with an interest in an archived work cease, and are replaced by the rights set out in this Part. However, if an archived work is screened other than free of charge, the normal legal rights and privileges (if any) of those persons continue.
New section 29E sets out an overview of this subpart.
New section 29F requires TVNZ to give notice, as prescribed, of its intention to screen an archived work. It states the information that must be given with the notice and provides for further notice to be given of those matters when the archived work is screened or made available on demand.
New section 29G requires TVNZ to ensure that a fund is established, the TVNZ Archived Works Fund, for the purpose of making payment to those who, under this Part, register their interest in an archived work to be screened. The Bill does not exclude TVNZ from appointing an agent to administer the scheme on its behalf.
New section 29H requires a sum of no less than 10% of the amount held in the TVNZ Archived Works Fund to be set aside in a contingency fund for meeting payments required as a result of a review, including the costs of conducting a review and administering the review process.
New section 29I sets out the requirements for registration to participate in the scheme under which a person's interest in an archived work is assessed for the purpose of making payment to that person.
New section 29J provides for a determination to be made and notice given as to whether a person is qualified to register for the scheme.
New section 29K sets out when, and the basis on which, TVNZ must assess a person's interest, notify the person, and make the payment. The right of a person to seek a review of the decision of TVNZ must also be notified.
New section 29L provides for the chief executive (currently, of the Ministry for Culture and Heritage) to appoint reviewers who are recognised as experts with the knowledge, experience, and qualifications relevant to reviewing an assessment by TVNZ of a person's interest in an archived work and quantifying the person's interest for the purpose of establishing an appropriate payment. It also provides for payment of reviewers and for their immunity from liability.
New section 29M sets out the threshold requirements for applying for a review, including the information that must be included with the application for review.
New section 29N provides for the matters that are relevant to a determination of an application for review.
New section 29O requires TVNZ to ensure that any payment required by the reviewer is made from the contingency account. The determination of a reviewer is final.
New section 29P makes provision for persons to apply for review who, through no fault of their own, were unable to register at the appropriate time to participate in the scheme. If the reviewer is satisfied that the person meets the qualification to apply under this section, the person's interest must be assessed and any payment must be made from the contingency account.
New section 29Q provides the power for the Governor-General, on the recommendation of the Minister (currently the Minister of Broadcasting), to make certain regulations including those that will provide for updating the provisions of the Bill.
New section 29R gives a power for TVNZ to apply any residual funds in the TVNZ Archived Works Fund to either the contingency account or the maintenance of the TVNZ Archive.
New section 29S requires the chief executive to initiate a review of the operation of this Part 2 years after the first notice is given by TVNZ under new section 29F and to provide a report to the Minister for presentation to the House of Representatives not later than 3 years after the date of the first notice.
Clause 11 adds the new Schedule 3.
Clause 12 repeals certain spent sections of the principal Act.
Clause 13 provides that clause 14 amends the Copyright Act 1994.
Clause 14 inserts new section 57A in the Copyright Act 1994. This section excludes the communication of an archived work, as defined in this Bill, from being an infringement of the Copyrights Act 1994.
