Television New Zealand Amendment Bill

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Television New Zealand Amendment Bill

Government Bill

89—1

Explanatory note

General policy statement

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 by clause analysis

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).

Part 1
Amendments to principal Act

Amendments relating to functions of TVNZ

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.

Amendments relating to archived programmes

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.

Part 4A
TVNZ archived works

Subpart 1Preliminary provisions

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.

Subpart 2Screening of archived works

TVNZ's right to screen archived works

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.

Subpart 3Scheme

Overview of subpart

New section 29E sets out an overview of this subpart.

Notices of screening of archived works

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.

Funds that must be established for purposes of scheme

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.

Participation in scheme

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.

Subpart 4Review

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.

Review procedures

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.

Circumstance in which other relief may be sought

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.

Subpart 5Miscellaneous

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.

Part 2
Repeals and related amendments

Clause 12 repeals certain spent sections of the principal Act.

Amendment to Copyright Act 1994

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.


Hon Dr Jonathan Coleman

Television New Zealand Amendment Bill

Government Bill

89—1

Contents

Amendments relating to functions of TVNZ

Amendments relating to archived programmes

Amendment to Copyright Act 1994


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Television New Zealand Amendment Act 2009.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended
  • This Act amends the Television New Zealand Act 2003.

Part 1
Amendments to principal Act

Amendments relating to functions of TVNZ

4 Purpose of Act
  • Section 3 is amended by repealing paragraphs (a) and (b) and substituting the following paragraphs:

    • (a) provide for the functions of TVNZ, the Crown entity responsible for conducting a television and digital media business; and

    • (b) ensure that TVNZ carries out its functions and maintains its commercial performance; and

    • (ba) establish a process that will enable TVNZ to screen, in specified circumstances, programmes made before 27 May 1989 and held in the TVNZ Archive; and.

5 Interpretation
  • (1) Section 4 is amended by inserting the following definitions in their appropriate alphabetical order:

    content means the audio and visual material screened on any delivery platform by TVNZ in carrying out its functions, and includes both text and still pictures

    delivery platform means any technical method for screening content

    digital media means any digital technology by which content is produced and screened

    programme

    • (a) means sounds or visual images, or a combination of sounds and visual images, intended to—

      • (i) inform, enlighten, or entertain:

      • (ii) promote the interests of any person:

      • (iii) promote any product or service; but

    • (b) does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text

    screen means to make content available on any delivery platform

    services means any means by which content is compiled and screened.

    (2) Section 4 is amended by repealing the definition of TVNZ and substituting the following definition:

    TVNZ means the company known as Television New Zealand Limited.

6 New section 12 substituted
  • Section 12 is repealed and the following section substituted:

    12 Functions of TVNZ
    • (1) The functions of TVNZ are to be a successful national television and digital media company providing a range of content and services on a choice of delivery platforms and maintaining its commercial performance.

      (2) In carrying out its functions, TVNZ must provide high quality content that—

      • (a) is relevant to, and enjoyed and valued by, New Zealand audiences; and

      • (b) encompasses both New Zealand and international content and reflects Māori perspectives.

      (3) TVNZ's services must include the provision of channels that are free of charge and available to audiences throughout New Zealand.

7 Sections 22 and 23 repealed
  • Sections 22 and 23 are repealed.

8 Powers of shareholding Ministers
  • (1) Section 27 is amended by repealing subsection (1) and substituting the following subsection:

    • (1) The shareholding Ministers may, by written notice to the TVNZ board, determine the amount of dividend to be paid by TVNZ to the Crown in respect of any financial year or years.

    (2) Section 27(3) is amended by omitting objectives and.

9 Shareholding Ministers must not give certain directions
  • (1) Section 28(1) is amended by repealing paragraphs (a) to (c) and substituting the following paragraphs:

    • (a) any programme or other content; or

    • (b) any allegation or complaint relating to a programme or other content; or

    • (c) the gathering or presentation of news or the preparation or presentation of any current affairs programme or content; or

    • (d) standards administered under the Broadcasting Act 1989.

    (2) Section 28(2) is amended by repealing paragraphs (a) to (c) and substituting the following paragraphs:

    • (a) any programme or other content; or

    • (b) any allegation or complaint relating to a programme or other content; or

    • (c) the gathering or presentation of news or the preparation or presentation of any current affairs programme or content; or

    • (d) the responsibility of TVNZ or any of its subsidiaries for compliance with standards administered under the Broadcasting Act 1989.

    (3) Section 28 is amended by inserting the following subsection after subsection (2):

    • (2A) This section applies regardless of the type of delivery platform TVNZ uses to deliver any programmes or other content.

Amendments relating to archived programmes

10 New Part 4A inserted
  • The following Part is inserted after section 29:

    Part  4A
    TVNZ archived works

    Subpart 1Preliminary provisions

    29A Interpretation
    • In this Part, unless the context otherwise requires,—

      archived work means a programme made by or on behalf of the Broadcasting Corporation of New Zealand or its predecessors on or at any time before 27 May 1989 and held in the TVNZ Archive, and includes an archived work that comprises a series of episodes

      chief executive means the chief executive of the department of State responsible for the administration of this Act

      episodes means the series of episodes that make up an archived work

      Māori Television Service means the service established by the Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003

      Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Part

      NZ On Screen means the Internet site established by the charitable trust NZ On Screen Trust to screen content

      person with an interest in an archived work means a person contracted to provide services of a kind specified in clause 1 of Schedule 3 for the purpose of making the work, and includes the estate of such a person

      reviewer means a person appointed as a member of a panel of reviewers under section 29L for the purposes of subpart 4

      scheme means the scheme provided for by subpart 3

      screen has the same meaning as in section 4

      TVNZ Archive means the archive that is a wholly owned subsidiary of TVNZ

      TVNZ Archived Works Fund and Fund mean the fund that must be established under section 29G.

    29B Purpose of this Part
    • The purpose of this Part is to enable TVNZ to screen archived works in accordance with the provisions of this Part while also providing a fair and reasonable process to recognise, by compensatory payments made under subpart 3, the rights that persons with an interest in an archived work would have had, but for this Part.

    Subpart 2Screening of archived works

    TVNZ's right to screen archived works

    29C Archived works may be screened
    • (1) Provided that TVNZ complies with the requirements of this Part, it may—

      • (a) screen an archived work on as many occasions as it considers appropriate, but only on or by—

        • (i) its channels TV1 and TV2:

        • (ii) digital channels established by TVNZ:

        • (iii) the TVNZ Ondemand Internet site:

        • (iv) any other delivery platform with which TVNZ may enter into an agreement for the supply of content:

      • (b) grant the Māori Television Service the right to screen an archived work under any arrangement agreed between that service and TVNZ:

      • (c) enter into an arrangement with NZ On Screen in respect of a work that has previously been screened by TVNZ or the Māori Television Service under this section.

      (2) An archived work must be screened under this section free of charge.

    29D Rights of persons with interest in archived work to cease
    • (1) Any rights and privileges of a person with an interest in an archived work, whether under contract or under the Copyright Act 1994, cease in relation to the screening of that work under section 29C, and the rights of that person are those provided for by this Part.

      (2) However, any rights and privileges of a person with an interest in an archived work continue in relation to that work if, and to the extent that, TVNZ screens that work other than as provided for by section 29C(2).

    Subpart 3Scheme

    Overview of subpart

    29E Overview of scheme under this subpart
    • (1) In order to promote the purpose of this Part, TVNZ must ensure that—

      • (a) notices of the screening of archived works are given in accordance with section 29F; and

      • (b) the scheme provided for in this subpart is administered in such a way as to meet the obligations arising under this subpart.

      (2) The obligations are to—

      • (a) ensure that the Fund is established and money paid into it, in accordance with section 29G; and

      • (b) ensure that the contingency account required by section 29H is established and, in a financial year, that a sum is paid into it that is equal to no less than 10% of the total sum held in the Fund; and

      • (c) assess the entitlement of persons and make payments in accordance with section 29K.

    Notices of screening of archived works

    29F Notices advising that archived work to be screened
    • (1) TVNZ must give public notice advising that an archived work is to be screened and inviting persons with an interest in a specified archived work to register to participate in the scheme.

      (2) The public notice must include—

      • (a) details of the archived work to be screened; and

      • (b) the date on which the work is first to be screened, which must not be earlier than the date that is 4 months after the date of this public notice; and

      • (c) information about the scheme set up under this subpart and how a person with an interest in the specified archived work may register to participate in the scheme under section 29I; and

      • (d) the date by which a person must register, which must not be later than 1 month after the date on which—

        • (i) the archived work is first screened; or

        • (ii) if the archived work comprises a series of episodes, the last episode of the series is first screened.

      (3) A public notice must be published at least once—

      • (a) on an Internet site or other delivery platform operated by TVNZ; and

      • (b) in each major metropolitan newspaper in New Zealand; and

      • (c) in any relevant industry or guild publication.

      (4) TVNZ must also ensure that the information required by subsection (5) accompanies—

      • (a) the first screening of an archived work; or

      • (b) the first screening of each episode of an archived work; or

      • (c) an archived work, in the case of an archived work available for screening on demand, from the time that the work is first available until the date when registration closes, as notified under subsection (2)(d).

      (5) The information required must advise any person with an interest in the work who has not already registered,—

      • (a) of the scheme set up under this subpart; and

      • (b) how to register for the scheme; and

      • (c) of the date by which registration must be made (which must be the date notified under subsection (2)(d)).

    Funds that must be established for purposes of scheme

    29G TVNZ Archived Works Fund
    • (1) The TVNZ Archived Works Fund (the Fund) must be established for the purposes of the scheme administered under this subpart.

      (2) TVNZ must ensure that at all times the Fund contains, in relation to an archived work, a sum that—

      • (a) amounts to $300 for each half hour for which the archived work is first screened; or

      • (b) is prescribed by regulations, being a sum that is the market value of the archived work, having regard to the uses permitted for that work by this Act.

    29H Contingency account
    • (1) A contingency fund (the contingency account) must be established.

      (2) TVNZ must ensure that, on an annual basis, a sum that is equal to no less than 10% of the total amount held in the Fund in that financial year is paid into the contingency account.

      (3) The contingency account is to be held for the purposes of meeting—

      • (a) any payments required as a result of determinations made by reviewers under section 29N; and

      • (b) the costs, including the administrative costs, associated with any review conducted under subpart 4.

    Participation in scheme

    29I Registration to participate in scheme
    • (1) A person with an interest in an archived work in respect of which notices are given under section 29F may apply to register to participate in the scheme in relation to that work.

      (2) The application must be made in the prescribed form and manner, and must include evidence—

      • (a) of the person's interest in accordance with the categories of interest set out in clause 1 of Schedule 3; and

      • (b) that the person was engaged under a contract with the Broadcasting Corporation of New Zealand or its predecessors before 27 May 1989 to provide services associated with the creation, production, or performance of the relevant archived work; and

      • (c) that the person did provide the services to which the contract applied.

      (3) Persons employed by the Broadcasting Corporation of New Zealand or its predecessors in relation to the archived work are not eligible to register to participate in the scheme.

    29J Confirmation of registration
    • (1) TVNZ must ensure that, as soon as is reasonably practicable after the closing date for registration for an archived work, a determination is made and written notice given to persons who seek to register, advising the person, as appropriate, that the person's registration—

      • (a) is accepted and that an assessment will be made in accordance with section 29K; or

      • (b) is declined and the reasons for that decision.

      (2) In the case of a person whose registration is declined, advice must also be given of the right of review of that decision under subpart 4, how to apply for review, and the date by which an application must be made (which must be the same as the date notified under section 29K(4)).

    29K TVNZ to assess entitlement and make payment from Fund
    • (1) Not later than 20 working days after the closing date for registration in relation to an archived work, TVNZ must assess the entitlement of each person whose registration is accepted under section 29J(1)(a).

      (2) Assessments must be calculated—

      • (a) on the basis of each person's category of interest under clause 1 of Schedule 3; and

      • (b) in accordance with the formula set out in clause 3 of Schedule 3 for determining each person's share of the Fund in relation to the relevant archived work.

      (3) TVNZ must notify each person in writing of that person's assessment and make the payment in full accordingly.

      (4) When giving notice under subsection (3), advice must also be given of the right of review under subpart 4, how to apply for review, and the date by which an application must be made (which must not be later than 20 working days after the date of the notice).

    Subpart 4Review

    29L Review process to be established
    • (1) The chief executive must appoint a panel of reviewers the members of which are to determine applications for review under section 29M.

      (2) Reviewers must be persons who are recognised as experts with the knowledge, experience, and qualifications that are relevant to the review function under this subpart.

      (3) In carrying out a review, a reviewer must—

      • (a) regulate his or her own procedure; and

      • (b) act judicially.

      (4) A reviewer may not be held personally liable for any determination made in good faith under this subpart.

      (5) Reviewers are entitled—

      • (a) to receive remuneration not within paragraph (b) for services as reviewers at a rate and of a kind determined by the chief executive in accordance with the fees framework; and

      • (b) in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out the office of a reviewer.

      (6) For the purposes of this section, fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

    Review procedures

    29M Application for review
    • (1) The following persons may apply for review under this subpart:

      • (a) a person whose registration was declined under section 29J(1)(b); or

      • (b) a person who is dissatisfied with an assessment made under section 29K.

      (2) Application must be made—

      • (a) in the prescribed form and manner; and

      • (b) not later than the date notified under section 29K(4).

      (3) Application for review may be made only on the grounds that TVNZ,—

      • (a) in the case of a person whose registration to participate in the scheme was declined, failed properly to assess the evidence of that person's role in the archived work; or

      • (b) in the case of a person who is dissatisfied with an assessment,—

        • (i) attributed the wrong category of interest to that person under clause 1 of Schedule 3; or

        • (ii) incorrectly applied the formula set out in clause 3 of Schedule 3 to determine that person's share of the Fund in relation to the relevant work.

      (4) An application for review must include all the evidence necessary to establish, as the case may be,—

      • (a) why the person's registration to participate in the scheme ought to have been accepted; or

      • (b) what the applicant alleges is the correct assessment.

    29N Determination of application for review
    • (1) In determining an application for review, a reviewer—

      • (a) must take into account all the relevant information that was before TVNZ for the purpose of making a decision under section 29J or an assessment under section 29K; and

      • (b) may take into account any new evidence that it is satisfied assists with determining whether the person's registration ought to have been accepted or what the appropriate assessment ought to have been, as the case may be.

      (2) If a reviewer is satisfied that there is no or insufficient evidence on which to change the decision on registration or the assessment by TVNZ, as the case may be, the reviewer must confirm the decision or assessment.

      (3) Subsection (4) applies if the reviewer is satisfied—

      • (a) that a person's registration ought to have been accepted under section 29J(1)(a); or

      • (b) that an assessment was not made in accordance with section 29K(2).

      (4) After taking into account all the relevant circumstances, the reviewer must calculate the assessment in the manner provided for in section 29K(2), as the reviewer determines is reasonable in the circumstances, and remit the matter to TVNZ for payment from the contingency account.

      (5) A reviewer must provide a copy of a determination, with reasons, to the applicant and to TVNZ.

    29O Effect of review decision
    • (1) TVNZ must ensure that the sum (if any) required by the determination of a reviewer is paid to the applicant from the contingency account.

      (2) The determination of a reviewer is final.

    Circumstance in which other relief may be sought

    29P Applications from persons unable to register to participate in scheme
    • (1) A person may apply under this subpart for review if that person, for reasons beyond his or her control, was unable to register to participate in the scheme until after the close of the period for registration notified under section 29F.

      (2) An application under this section—

      • (a) must be made not later than 2 years after the date of the first notice given under section 29F(1) in relation to the relevant archived work; and

      • (b) must be made in the form and manner approved for the purpose; and

      • (c) must include—

        • (i) the information required by section 29I(2); and

        • (ii) the evidence necessary to establish that the person was unable to register to participate in the scheme in accordance with notice given under section 29F(1).

      (3) If the reviewer is satisfied that the applicant meets the requirements of subsections (1) and (2), the reviewer must assess the applicant's entitlement—

      • (a) on the basis of that person's category of interest under clause 1 of Schedule 3; and

      • (b) in accordance with the formula set out in clause 3 of Schedule 3.

      (4) After taking into account the particular circumstances of the case, the reviewer must determine the amount to be paid (if any) from the contingency fund in lieu of that person's participation in the scheme.

      (5) A determination by a reviewer under subsection (4) is final.

    Subpart 5Miscellaneous

    29Q Regulations
    • The Governor-General may, by Order in Council, on the recommendation of the Minister and after consultation with TVNZ, make regulations to—

      • (a) provide for other platforms or channels or new methods by which archived works may be made available for public viewing:

      • (b) if circumstances so require, add new criteria for any assessment under section 29K, or amend or cancel criteria:

      • (c) vary the sum that must be held in the Fund for distribution under the scheme in relation to an archived work:

      • (d) add to or amend the categories of interest provided for in clause 1 of Schedule 3:

      • (e) vary the proportion of the total sum of money available in relation to an archived work for a category of interest, as set out in clause 2 of Schedule 3:

      • (f) vary the method of calculating the share of the total sum of money payable to each person with an interest in an archived work, as set out in clause 3 of Schedule 3:

      • (g) prescribe forms to be used under subparts 3 and 4:

      • (h) provide for the procedures to be followed by a reviewer under subpart 4:

      • (i) provide for any other matters contemplated by this Part, or necessary for its administration or for giving it full effect.

    29R Residual funds
    • If, in any financial year, there is residual money in the Fund or in the contingency account, that money may be applied—

      • (a) to the contingency account for the following financial year; or

      • (b) for the maintenance of the TVNZ Archive.

    29S Review of Part
    • (1) As soon as practicable after the expiry of the period of 2 years from the date of the first notice given under section 29F, the chief executive must ensure that a review is commenced and a report prepared that—

      • (a) reviews the operation of this Part since the date of its commencement; and

      • (b) considers whether any amendments to this Part are necessary or desirable (including an amendment to require further periodic reports).

      (2) Not later than 3 years from the date of the first notice referred to in subsection (1), the chief executive must provide a copy of the report to the Minister who must, as soon as is reasonably practicable, present a copy of the report to the House of Representatives.

11 New Schedule 3 added
  • The Schedule 3 set out in the Schedule of this Act is added.

Part 2
Repeals and related amendments

12 Spent sections of principal Act repealed
  • The following spent sections are repealed:

    • (a) section 7 (TVNZ ceases to be State enterprise); and

    • (b) section 8 (transmission business separated from TVNZ); and

    • (c) section 9 (separation of transmission business implemented by Order in Council); and

    • (d) section 10 (transitional provision relating to TVNZ ceasing to be State enterprise and separation of transmission business).

Amendment to Copyright Act 1994

13 Amendment to Copyright Act 1994
  • Section 14 amends the Copyright Act 1994.

14 New section 57A inserted
  • The following section is inserted after section 57:

    57A Making archived works available for public viewing
    • (1) The communication of an archived work in accordance with section 29C of the Television New Zealand Act 2003 does not infringe copyright (if any) in the archived work.

      (2) In this section, archived work has the same meaning as in section 4 of the Television New Zealand Act 2003.


Schedule 
New Schedule 3 added

s 11

Schedule 3
Payments from TVNZ Archived Works Fund

ss 29A, 29I, 29K

1 Categories of interest applicable to persons with interest in archived work
  • For the purpose of making an assessment under section 29K of a registered person's interest in an archived work, TVNZ must determine, on the evidence provided by that person, which of the following categories of interest apply to that person in relation to the archived work:

    • (a) creator, writer, producer, or director of the archived work; or

    • (b) choreographer or composer; or

    • (c) leading or solo performer, artist, or presenter; or

    • (d) supporting artist.

2 Proportion of interests
  • The proportion of the interest of a registered person in the total sum of money available in relation to an archived work is to be calculated in accordance with the categories of interest in clause 1 as follows:

    • (a) the persons in category (a) share equally in one-half of the total sum available; and

    • (b) the persons in category (b) share equally in one-sixth of the total sum available; and

    • (c) the persons in category (c) share equally in one-sixth of the total sum available; and

    • (d) the persons in category (d) share equally in one-sixth of the total sum available.

3 Calculation of share for each person with interest in archived work
  • (1) TVNZ must calculate the share of the total sum of money payable to each registered person with an interest in an archived work in accordance with the following formula:

     T × $ × P 
     R 

    where—

    T
    is the duration of the screening of an archived work (in units of 30 minutes)
    $
    is the sum ($NZ) for a 30-minute unit, as provided for by this Act
    P
    is the proportion of interest set out in clause 2
    R
    is the number of registered persons in a particular category.

    (2) In this schedule, registered person means a person whose registration to participate in the scheme under subpart 3 of Part 4A is confirmed as provided for by section 29J(1).