Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003

  • not the latest version

Reprint as at 1 April 2014

Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003

Public Act2003 No 21
Date of assent7 May 2003
Commencementsee section 2

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 Te Puni Kōkiri.


Contents

1 Title

Part 1
Preliminary provisions and provisions to establish Māori Television Service and Te Pūtahi Paoho

Subpart 1Preliminary provisions

2 Commencement

3 Purpose

4 Act binds the Crown

5 Outline of Act

6 Interpretation

Subpart 2Māori Television Service

Establishment of Māori Television Service

7 Establishment of Service

Key provisions about Māori Television Service

8 Functions of Service

9 Powers of Service

10 Independence of Service

11 Protection of names

Subpart 3Te Pūtahi Paoho

12 Establishment

13 Membership of Te Pūtahi Paoho

14 Change in composition of Te Pūtahi Paoho

15 Functions of Te Pūtahi Paoho

16 Joint responsibilities of responsible Ministers and chairperson of Te Pūtahi Paoho

Dispute resolution

17 Resolution of disagreement between the responsible Ministers and the chairperson of Te Pūtahi Paoho

Part 2
Key provisions relating to appointment and duties of directors, transfer of UHF right, accountability of Service, and establishment of related entities

Subpart 1Key provisions about board of directors

Board is governing body of Service

18 Governing body of Service

Appointment of board of directors

19 Appointment of directors

Duties of directors

20 Duties of directors

Subpart 2Provisions relating to UHF right

[Repealed]

20A Expiry of subpart 2 [Repealed]

Transfer of UHF right to Service

21 Transfer of UHF right from Crown to Service [Repealed]

22 Use of UHF right by Service [Repealed]

23 Transfer of UHF right and spectrum licences by Service [Repealed]

24 Role of Te Pūtahi Paoho in relation to UHF right [Repealed]

Subpart 2AProvisions relating to spectrum management rights

Transfer of spectrum management rights to Te Pūtahi Paoho

24A Interpretation

24B Transfer of spectrum management rights

24C Aggregation of management rights

24D Management of spectrum management rights

24E Resolution of disagreement between responsible Ministers and Te Pūtahi Paoho

24F Issue of spectrum licences to Service

24G Issue of spectrum licences generally

24H Use of spectrum licences and income from spectrum licences

Subpart 3Accountability required of Service

25 Interpretation

Key provisions on accountability of Service

26 Overview of accountability responsibilities

Key document of accountability: Statement of intent

27 Purpose of statement of intent

28 Obligation to prepare statement of intent

Contents of statement of intent

29 Contents of statement of intent

30 Matters for consultation and reporting must be identified

Process for creating and finalising statement of intent

31 Creating and finalising statement of intent

32 Effective date and term of statement of intent

Amendments to statement of intent

33 When statement of intent may be amended

34 Mandatory amendment of statement of intent

35 Amendments must be presented to House of Representatives

36 Effective date of amendments

Key document of accountability: Output agreement

37 Purpose of output agreement

38 Preparation of output agreement

39 Contents of output agreement

40 Formal requirements for output agreement

Key document of accountability: Annual report

41 Contents of annual report

Other documents of accountability

42 Statement of responsibility

43 Financial report

44 Annual report presented to House of Representatives

Subpart 4Related entities

45 Shares or interests in related entities

46 Limits to functions and powers of subsidiary

47 Remuneration and allowances

Part 3
Provisions for termination of Te Reo Māori Television Trust (Te Awhiorangi), transitional arrangements for establishment Service, etc, provision for review of Act, and amendments to other Acts

48 Interpretation

Subpart 1Provisions for termination of Te Reo Māori Television Trust (Te Awhiorangi)

Te Reo Māori Television Trust (Te Awhiorangi) terminated

49 Trust terminated

50 Final report of Trust

51 Protection of trustees

Subpart 2Transitional arrangements relating to establishment Service, etc

52 Provisions relating to decisions, etc, in transition period

53 Transition from establishment board

54 Employees

55 Assets and liabilities of establishment bodies

Subpart 3Review of Act

56 Review of Act

Subpart 4Amendments to other Acts

57 Amendment to Ombudsmen Act 1975

58 Amendment to Official Information Act 1982

59 Amendment to Broadcasting Act 1989

60 Amendment to Public Audit Act 2001

Schedule 1
Provisions relating to Te Pūtahi Paoho

Schedule 2
Provisions relating to appointment of directors and terms of holding office on board

Reprint notes


  • Preamble

    He kōrero whakataki
    • (1) I roto i tana Pūrongo mō Te Reo Maori (WAI 11) ka whakatauhia e te Rūnanga Whakamana i te Tiriti o Waitangi e whai mana ana te Tiriti o Waitangi ki te whakapūmau wāhi noho tahitanga mō ngā iwi e rua ki Aotearoa. Ka whakatau te Rūnanga, he iho matua taketake te reo Māori nō ngā tikanga Māori, ā, me noho tonu mai hei taonga tūturu. Ka puta hoki te whakapae a te Rūnanga mēnā ka taea ngā mātāpono me ngā whāinga whānui te whakatutuki ki te kore e kitea he ahurewa tōtika mō te reo Māori. I whakatauhia anō hoki e te Rūnanga he here tā te Tiriti kia kaha ake te ūtanga o te Karauna ki te tiaki i te reo Māori. Ka whakaae te Karauna ki ēnei whakatau:

    • (2) I te whiu ā-ture, ko te whakatau a te Komiti ā-Ture a te Kaunihera Piriwiri i te marama o Hakihea 1993 (Kaunihera Māori v Te Toa Ture Tianara [1994] 1 NZLR 513) tōna otinga, ka whakaae te Karauna he here mutunga kore tā ngā mātāpono o te Tiriti o Waitangi ki te pīkau kia pūmau tonu te manaaki i te reo Māori mā te whakamahia o ngā mahi pāpāho reo irirangi, whakaata irirangi anō hoki:

    • (3) I roto i tēra whiu ā-ture ka whakatakotoria e te Karauna tāna kaupapa takawā e hāngai ana, i tua atu i ētahi atu āhuatanga, ki te whanaketanga o tētahi ratonga whakaata irirangi Māori motuhake. Ko te Aratuku Whakaata Irirangi Māori tētahi otinga nui o te kaupapa i kōkiritia hei tiaki, hei whakatairanga i te reo Māori i runga whakaata irirangi:

    • (4) Ko te tikanga mā te whakatūranga o te Aratuku Whakaata Irirangi e whai wāhi maru ai te reo Māori me ngā tikanga Māori, ā, e whai mana ai, e kaha ake ai te whakatairanga kia tutuki ai te whakaū a te Karauna ki te tiaki ki te whakatairanga anō hoki i te reo Māori me ngā tikanga Māori mā roto i ngā mahi pāpāho.

    Background in English
    • (1) In its Te Reo Maori Report (Wai 11), the Waitangi Tribunal found that the Treaty of Waitangi was directed to ensuring a place for 2 peoples in New Zealand. The Tribunal found that the Māori language is an essential part of Māori culture and must be regarded as a taonga, a valued possession. The Tribunal questioned whether the principles and broad objectives of the Treaty of Waitangi could be achieved without a recognised place for the Māori language. The Tribunal found that the Crown is obliged by the Treaty to take active steps to protect the Māori language. The Crown accepted these findings:

    • (2) In the litigation that culminated in the decision of the Judicial Committee of the Privy Council in December 1993 (New Zealand Maori Council v Attorney General [1994] 1 NZLR 513), the Crown accepted that the principles of the Treaty of Waitangi impose a continuing obligation to take such steps as are reasonable to assist in the preservation of te reo Māori by the use of both radio and television broadcasting:

    • (3) In that litigation, the Crown outlined a time frame relating to, among other things, the development of special purpose Māori television. The Māori Television Service is a key result of the policy developed for protecting and promoting te reo Māori on television:

    • (4) The establishment of the Māori Television Service in which te reo Māori me ngā tikanga Māori have a secure place and are recognised and actively promoted is intended to contribute to meeting the Crown's commitment to the protection and promotion of te reo Māori me ngā tikanga Māori through broadcasting.