Broadcasting Act 1989

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Reprint as at 21 March 2017

Broadcasting Act 1989

Public Act		1989 No 25
Date of assent		27 May 1989
Commencement		see section 1

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Culture and Heritage, Te Puni Kōkiri, and the Ministry of Justice.

	Title
1	Short Title and commencement
2	Interpretation
3	Act to bind the Crown
	Part 1 Programme standards
4	Responsibility of broadcasters for programme standards
	Part 2 Complaints
5	Principles
6	Formal complaints about programmes
7	Decisions in respect of formal complaints
8	Right of complainant to refer formal complaint to Authority
9	Time limits
10	Consideration and determination of complaints by Authority
11	Power of Authority to decline to determine complaint
12	Application of Commissions of Inquiry Act 1908
13	Decisions on complaints
13A	Additional powers to make orders in respect of series
14	Offences
15	Notice of decisions
16	Power to award costs
17	Enforcement of orders for costs
	Appeals
18	Appeal against decision of Authority
19	Decision of High Court to be final
	Evidence
19A	Admissibility of evidence
	Part 3 Broadcasting Standards Authority
20	Establishment of Authority
21	Functions of Authority
22	Notification and publication of approved codes of broadcasting practice
23	Power of Minister to request Authority to consider matter involving broadcasting standards
24	Powers of Authority [Repealed]
25	Power of Authority to commission surveys [Repealed]
26	Membership of Authority
27	Term of office of members of Authority [Repealed]
28	Continuation of membership
29	Delegation of functions or powers by Authority [Repealed]
30	Rules in relation to retention of recordings of programmes
30A	Return on total revenue
30B	Payment of annual levy
30C	Annual levy
30D	Rebates
30E	Recovery of levies
30F	Goods and services tax
30G	Offence
31	Funds of Authority
32	Seal [Repealed]
33	Exemption from income tax
34	Further provisions applying in respect of Authority
	Part 4 Broadcasting Commission
35	Establishment of Commission
36	Functions of Commission
37	Promotion of New Zealand content in programming
38	Powers of Commission [Repealed]
39	Matters to be taken into account in relation to funding proposals
39A	Funding policies
40	Requirements in relation to standards
41	Requirements in relation to equal employment opportunities
42	Prohibition in relation to certain directions
43	Contracts in relation to use of funds
44	Commission to have regard to Government policy
45	Membership of Commission
46	Term of office of members of Commission [Repealed]
47	Public broadcasting fees [Repealed]
48	Funds of Commission [Repealed]
49	Administrative expenses [Repealed]
50	Refund of amount of administrative expenses [Repealed]
51	Exemption from income tax
52	Seal [Repealed]
53	Further provisions applying in respect of Commission
	Part 4A Te Reo Whakapuaki Irirangi
53A	Establishment of Te Reo Whakapuaki Irirangi
53B	Functions of Te Reo Whakapuaki Irirangi
53C	Consultation
53D	Powers of Te Reo Whakapuaki Irirangi [Repealed]
53E	Matters to be taken into account in relation to funding proposals
53F	Requirements in relation to standards
53G	Requirements in relation to equal employment opportunities
53H	Contracts in relation to use of funds
53I	Membership of Te Reo Whakapuaki Irirangi
53J	Term of office of members of Te Reo Whakapuaki Irirangi [Repealed]
53K	Funds of Te Reo Whakapuaki Irirangi [Repealed]
53L	Payment of funds to Te Reo Whakapuaki Irirangi by Commission [Repealed]
53M	Administrative expenses [Repealed]
53N	Refund of amount of administrative expenses [Repealed]
53O	Exemption from income tax
53P	Seal [Repealed]
53Q	Crown entity [Repealed]
53R	Further provisions applying in respect of Te Reo Whakapuaki Irirangi
53S	Te Reo Whakapuaki Irirangi to have regard to Government policy
	Part 5 Restrictions on broadcasting by overseas persons
54	Interpretation [Repealed]
55	Shareholding interests [Repealed]
56	Control of voting rights [Repealed]
57	Shareholding interests derived through other companies [Repealed]
58	Shareholding interests derived by overseas persons through other companies [Repealed]
59	Aggregation of shareholding interests [Repealed]
60	Exemption in respect of life insurance companies [Repealed]
61	Restriction on broadcasting by overseas person [Repealed]
62	Restriction on overseas ownership of broadcaster [Repealed]
63	Special provisions in respect of ownership by overseas person of shareholding interest in company broadcasting sound radio programmes only [Repealed]
64	Special provision in respect of incidental acquisition of shares [Repealed]
65	Special provision in respect of ownership by life insurance company of shareholding interest in company that broadcasts programmes [Repealed]
66	Offence [Repealed]
67	Exception in relation to broadcasting outside New Zealand [Repealed]
68	Exception in respect of shareholding interests held immediately before 17 May 1989 [Repealed]
	Part 6 Electoral broadcasting
69	Interpretation
69A	Limited application of this Part to by-elections [Repealed]
	Provisions applying to broadcasters
70	Broadcasting election programmes
70A	Obligation of political parties to give notice to Electoral Commission [Repealed]
70B	Time by which notice must be given [Repealed]
70C	Particulars of notice [Repealed]
70D	Persons deemed to be candidates [Repealed]
71	Hours during which broadcast of election programmes prohibited
71A	Electoral Commission to ascertain time available for opening addresses and closing addresses [Repealed]
72	Obligation to give identical terms to each party or constituency candidate
72A	Limits on amount of time [Repealed]
72B	Radio election programmes confined to broadcasting stations that broadcast advertising programmes [Repealed]
73	Programme standards in relation to election programmes
73A	Obligation of political parties to give notice to Authority [Repealed]
	Funding for election programmes and election advertisements in relation to general election
74	Public money to be appropriated for funding election programmes and election advertising in relation to general election
74A	Allocation of money to political parties [Repealed]
74B	Application and payment of allocation [Repealed]
75	Electoral Commission to set date for parties to notify qualification for allocation
75A	Consultation with broadcasters [Repealed]
76	Parties to give notice of qualification
76A	Power of Electoral Commission to vary allocations [Repealed]
76B	Recovery of money from political party [Repealed]
76C	Procedure in relation to early elections [Repealed]
76D	Modifications to application of this Part if section 76C applies [Repealed]
77	Consultation with parties
77A	Opening addresses and closing addresses [Repealed]
77B	Duration of television programmes [Repealed]
78	Criteria for allocating money to party
79	Allocation decision
79A	Hours during which election programmes prohibited [Repealed]
79B	Obligation to give identical terms to each political party or candidate [Repealed]
79C	Returns in relation to broadcasting time [Repealed]
79D	Returns to be available for public inspection [Repealed]
80	Electoral Commission may vary allocation
80A	How allocation may be used
80B	Payment of allocation
80C	Apportionment of publishing costs incurred in relation to election advertisements published both before and during election period
80D	Cost funded from party allocation not party election expense
80E	Return of party’s allocation expenses
80F	Recovery of money from party
80G	Procedure in relation to early elections
80H	Modification to application of this Part if section 80G applies
	Offences
80I	Offences relating to broadcasting
80J	Duty to report suspected offences
	Part 7 Miscellaneous provisions
81	Advertising hours
82	Regulations [Repealed]
83	Amendment to Commerce Act 1986 [Repealed]
84	Amendment to State-Owned Enterprises Amendment Act 1987
85	Amendment to State-Owned Enterprises Act 1986 [Repealed]
86	Amendment to Telecommunications Act 1987
87	Amendment to State-Owned Enterprises Amendment Act (No 4) 1988
88	Consequential amendments
89	Repeals and savings
90	Revocations
91	Savings and transitional provisions in relation to public broadcasting fee [Repealed]
92	Transitional provision in relation to broadcasting station levies [Repealed]
93	Transitional provisions in relation to Broadcasting Tribunal [Repealed]
94	Transitional provisions in relation to appeals under Broadcasting Act 1976 [Repealed]
95	Transitional provision in relation to radio apparatus licences [Repealed]
96	Final Report of Broadcasting Tribunal [Repealed]
97	Transitional provision relating to funding of New Zealand Symphony Orchestra Limited [Repealed]
98	Transitional provision in relation to restrictions on broadcasting by overseas persons
	Schedule 1 Provisions applying in respect of Broadcasting Standards Authority and Broadcasting Commission
	Schedule 2 Enactments amended [Repealed]
	Schedule 3 Repeals
	Schedule 4 Regulations and orders revoked
	Reprint notes

An Act—

(a)

to provide for the maintenance of programme standards in broadcasting in New Zealand; and

(b)

to establish the Broadcasting Standards Authority and to define its functions and powers; and

(c)

to establish the Broadcasting Commission and to define its functions and powers; and

(d)

to enable political parties to broadcast election programmes for Parliamentary elections free of charge; and

(e)

[Repealed]

(f)

to repeal the Broadcasting Act 1976; and

(g)

to provide for matters incidental thereto

Title paragraph (e): repealed, on 28 February 2003, by section 30 of the Television New Zealand Act 2003 (2003 No 1).

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Note

Contents

(a)

(b)

(c)

(d)

(e)

(f)

(g)