• “(c) the transfer of spectrum management rights to Te Pūtahi Paoho:

• “(ca) the management of the transferred spectrum management rights and related spectrum licences in a manner that ensures that the Service has the opportunity to establish a free-to-air digital terrestrial television network for the purpose of performing its functions:”.

• “(ba) subpart 2A sets out provisions relating to—

  • “(i) the transfer of the spectrum management rights by the Crown to Te Pūtahi Paoho; and

  • “(ii) the use and exercise of those rights; and

  • “(iii) the issuing of spectrum licences to the Service for the purpose of establishing a digital terrestrial television network to protect and promote te reo Māori me ōna tikanga; and

  • “(iv) the issuing of spectrum licences to licensees other than the Service:”.

“broadcasting has the same meaning as in section 2(1) of the Broadcasting Act 1989 and broadcast has a corresponding meaning

“delivery platform means any technical method for screening media content

“digital terrestrial television network means a facility by which television programmes are broadcast using digital technology from land-based stations

“ōna tikanga, in relation to te reo Māori, means accepted or customary usage”.

“8 Functions of Service

• “(1) The principal function of the Service is to contribute to the protection and promotion of te reo Māori me ōna tikanga through the provision, in te reo Māori and English, of a high-quality, cost-effective television service that informs, educates, and entertains viewers, and enriches New Zealand's society, culture, and heritage.

  “(2) The Service must also—

  • “(a) ensure that during prime time it broadcasts mainly in te reo Māori; and

  • “(b) ensure that at other times it broadcasts a substantial proportion of its programmes in te reo Māori; and

  • “(c) ensure that, in its programming, the Service has regard to the needs and preferences of—

    • “(i) young people; and

    • “(ii) children participating in te reo Māori immersion education; and

    • “(iii) all persons learning te reo Māori; and

    • “(iv) persons whose first language is te reo Māori and persons with a high level of proficiency in te reo Māori; and

  • “(d) provide broadcast services that are technically available throughout New Zealand and practicably accessible to as many people as is reasonably possible.

  “(3) The Service may undertake other functions that contribute to the protection and promotion of te reo Māori.

  “(4) In performing its functions, the Service may provide a range of content and services on a choice of delivery platforms.”

• “(e) to safeguard the UHF right in accordance with section 23; and

• “(f) to manage spectrum management rights in accordance with subpart 2A.”

“20A Expiry of subpart 2

• This subpart expires and is repealed at the close of 30 November 2013.”

“Subpart 2A—Provisions relating to spectrum management rights

“Transfer of spectrum management rights to Te Pūtahi Paoho

“24A Interpretation

• In this subpart, unless the context otherwise requires,—

  “manager means Te Pūtahi Paoho or any subsequent manager of the whole or any part of the spectrum management rights

  “Secretary for Radiocommunications means the chief executive of the department responsible for the administration of the Radiocommunications Act 1989

  “spectrum licence means a licence granted under section 48(1) of the Radiocommunications Act 1989 in relation to any part of the range of frequencies covered by the spectrum management rights

  “spectrum management rights means the management rights transferred under section 24B(1)(a).

“24B Transfer of spectrum management rights

• “(1) Before 1 December 2013, the responsible Ministers must—

  • “(a) direct the Secretary for Radiocommunications to, and the Secretary must, transfer from the Crown to Te Pūtahi Paoho management rights to two 8 MHz ultra high frequency ranges, within the limits of 502 to 694 MHz, for the period from 1 December 2013 to 30 November 2033; and

  • “(b) execute a deed setting out the terms and conditions under which Te Pūtahi Paoho must exercise the spectrum management rights.

  “(2) The deed may be modified by written agreement between the responsible Ministers, on behalf of the Crown, and Te Pūtahi Paoho.

  “(3) The responsible Ministers must consult the Minister responsible for the administration of the Radiocommunications Act 1989 before—

  • “(a) executing the deed under subsection (1)(b); or

  • “(b) modifying the deed under subsection (2).

  “(4) The deed may, by agreement, provide that if Te Pūtahi Paoho breaches 1 or more specified terms or conditions (a serious breach), the responsible Ministers may require Te Pūtahi Paoho to transfer the spectrum management rights to the Crown, and in such a case Te Pūtahi Paoho must transfer the spectrum management rights as required by the responsible Ministers.

“24C Aggregation of management rights

• “(1) This section applies if—

  • “(a) the Secretary for Radiocommunications has filed a notice of transfer under the Radiocommunications Act 1989 directing the Registrar or Deputy Registrar of Radio Frequencies to transfer the rights referred to in section 24B(1)(a); and

  • “(b) those rights consist of successive records of management rights.

  “(2) The Registrar or Deputy Registrar of Radio Frequencies must aggregate those rights, on the application of the Secretary for Radiocommunications, if—

  • “(a) the records of management rights have—

    • “(i) the same power floors; and

    • “(ii) the same protection limits; and

    • “(iii) the same adjacent frequencies emission limits; and

    • “(iv) the same conditions applying to spectrum licences created in relation to those records; and

  • “(b) the commencement date of the successive record or records is no more than 1 day after the expiry date of the preceding record or records.

  “(3) In subsection (2), adjacent frequencies emission limit, power floor, protection limit, and record of management rights have the meanings given to them in section 2(1) of the Radiocommunications Act 1989.

  “Compare: 1989 No 148 s 47A

“24D Management of spectrum management rights

• “(1) The manager must manage the spectrum management rights in a manner that enables the Service to perform its functions.

  “(2) A manager may only transfer or mortgage the whole or any part of the spectrum management rights with the agreement of the responsible Ministers (which may be subject to any conditions that the responsible Ministers consider appropriate).

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

• “(1) If the responsible Ministers and Te Pūtahi Paoho are unable to agree on any matter for which their joint agreement is required under the deed required by section 24B(1), they must, for the purpose of endeavouring to reach agreement on that matter, appoint a mediator in accordance with clauses 13 and 14 of Schedule 1.

  “(2) Clauses 15 to 20 of Schedule 1 apply to any mediation commenced under this section.

“24F Issue of spectrum licences to Service

• “(1) As soon as practicable after the transfer of spectrum management rights under section 24B(1)(a), the Service must—

  • “(a) request that the manager issue 1 or more spectrum licences to the Service; or

  • “(b) notify the manager that it does not wish to have spectrum licences issued to it.

  “(2) The manager must grant spectrum licences for the Service—

  • “(a) as soon as practicable after a request is made by the Service:

  • “(b) for the maximum period (until the expiry date of the spectrum management rights), unless the Service specifies otherwise.

  “(3) The manager—

  • “(a) must not charge the Service for—

    • “(i) the grant of a spectrum licence for the Service; or

    • “(ii) the transfer of a spectrum licence to the Service; but

  • “(b) may charge the Service an administrative fee to cover the cost of granting a spectrum licence for, or transferring a spectrum licence to, the Service.

“24G Issue of spectrum licences generally

• “(1) The manager must not grant a spectrum licence in favour of a person other than the Service unless—

  • “(a) the manager has offered to grant a spectrum licence on the same terms in favour of the Service; and

  • “(b) the Service has declined the offer; and

  • “(c) the responsible Ministers have agreed to the grant.

  “(2) When the manager grants a spectrum licence, the manager must, in accordance with section 49(1)(g) of the Radiocommunications Act 1989, specify that the licence may only be transferred to another person with the consent of the manager.

  “(3) The manager must not consent to the transfer of a spectrum licence to a person other than the Service unless—

  • “(a) the Service has been offered the spectrum licence; and

  • “(b) the Service has declined the offer; and

  • “(c) the responsible Ministers have agreed to the transfer.

  “(4) If the manager is the holder of a spectrum licence, the manager must not transfer the licence to a person other than the Service unless—

  • “(a) the manager has offered to transfer the licence to the Service; and

  • “(b) the Service has declined the offer; and

  • “(c) the responsible Ministers have agreed to the transfer.

  “(5) In giving consent under subsection (1)(c), (3)(c), or (4)(c), the responsible Ministers may impose any conditions as they see fit.

“24H Use of spectrum licences and income from spectrum licences

• “(1) The Service must use any spectrum licences that it holds under this subpart for the purpose of establishing a digital terrestrial television network to be used to—

  • “(a) protect and promote te reo Māori me ōna tikanga; and

  • “(b) broadcast the Service's programmes.

  “(2) Revenue or benefits in kind received by the manager from any other spectrum licence granted under this subpart must be used for purposes consistent with the protection and promotion of te reo Māori me ōna tikanga.”

• “(k) the strategies proposed by the Service for language quality assurance:

• “(l) the anticipated annual content to be broadcast in te reo Māori during prime time and other times:

• “(m) details of the Service's plan for the development of te reo Māori:

• “(n) any other proposed operating policies.”

• “(iiia) a statement of borrowings or financial leases, or similar liabilities; and”.

• “(h) details of any indemnity provided by the Service, during the financial year, to any member, office holder, or employee; and

• “(i) details of any insurance cover effected by the Service during the financial year in respect of the liability or costs of any member, office holder, or employee; and

• “(j) any direction given in writing to the Service by a responsible Minister under any enactment during the financial year; and

• “(k) any direction given to the Service in writing by the chairperson of Te Pūtahi Paoho under this Act during the financial year; and

• “(l) details of any act by the Service—

  • “(i) that is an act that a natural person of full age and capacity can do and is done contrary to, or outside the authority of, any Act or done otherwise than for the purpose of performing the Service's functions; and

  • “(ii) for which a person dealing with the Service takes actions to enforce; and

• “(m) any other information that the board considers necessary to enable an informed assessment of the performance of the Service for that financial year.”

“56 Review of Act

• “(1) The responsible Ministers may, from time to time, review the operation and effectiveness of this Act in accordance with the terms of reference set by the responsible Ministers.

  “(2) Prior to commencing a review under subsection (1), the responsible Ministers must consult with Te Pūtahi Paoho on the terms of reference for the review.

  “(3) A review under subsection (1) must be completed within 12 months of its commencement.

  “(4) The responsible Ministers must—

  • “(a) prepare a report on any review commenced under subsection (1); and

  • “(b) present the report to the House of Representatives within 18 months after the commencement of the review.”