New Zealand Legislation: Supplementary Order Papers

Explanatory note

This Supplementary Order Paper replaces Supplementary Order Paper No 143, and amends the Copyright Act 1994 to replace section 88 of that Act with a new provision that permits the recommunication of free-to-air television broadcasts and other kinds of unencrypted communication works by means other than only cable programmes. This would include satellite recommunication. At present section 88 permits only the cable recommunication of free-to-air television broadcasts, principally to enable reception of such broadcasts in poor coverage or signal areas. There is no good reason for section 88 to be limited in this way.

The Supplementary Order Paper also makes consequential amendments to sections 148 and 189 of the Copyright Act.

The expansion of section 88, particularly to satellite communications, is—

• consistent with the Government’s aim of encouraging the uptake of digital television. It will facilitate the recommunication of free-to-air television on digital satellite and by other means;

• consistent with the Government’s aim of making publicly funded programmes, shown on free-to-air television channels, as widely available as possible;

• consistent with the aim of improving the coverage of free-to-air television as digital satellite recommunications in particular are able to reach into areas where traditional terrestrial communication is very difficult.

The existing provision for copyright holders to establish licensing schemes for recommunication will be retained.