the establishment of the Service and the functions, duties, and powers of the Service and Te Mātāwai:

the transfer to the Service by the Crown of the UHF right for the use and management by the Service in protecting and promoting te reo Māori me ngā tikanga Māori:

the transfer of spectrum management rights to Te Mātāwai:

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:

the framework of accountability for the Service:

the termination of Te Reo Māori Television Trust (Te Awhiorangi):

the transfer to the Service of the establishment arrangements undertaken during the transition period.

subpart 1 contains the preliminary provisions for the commencement of the Act, states its purpose, and defines certain terms:

subpart 2 contains key provisions about the establishment of the Service, its governing body, and its functions and powers, and provides for its independence in certain respects, and for the protection of certain names:

subpart 3 provides for the joint responsibilities of the chairperson of Te Mātāwai and the responsible Ministers, and for the resolution of disputes between Te Mātāwai and the responsible Ministers.

subpart 1 provides for the appointment of the governing body of the Service and the board of directors, sets out the duties of directors, and provides for the transfer of the UHF right to the Service:

subpart 2 sets out provisions relating to the transfer of the UHF right by the Crown to the Service, the obligations and powers of the Service in relation to the UHF right, and the role of Te Mātāwai in safeguarding the UHF right for the purpose of protecting and promoting te reo Māori me ngā tikanga Māori if specified circumstances arise:

subpart 2A sets out provisions relating to—

subpart 3 sets out the accountability framework for the Service:

subpart 4 provides the basis on which the Service may form, or acquire an interest in, a related entity.

subpart 1 provides for the termination of Te Reo Māori Television Trust (Te Awhiorangi):

subpart 2 provides for decisions made and actions taken in relation to establishment arrangements in the transition period to be treated as though made or taken under this Act:

subpart 3 provides for the review of this Act by the Minister of Māori Affairs:

subpart 4 sets out amendments to the Ombudsmen Act 1975, the Official Information Act 1982, the Broadcasting Act 1989, and the Public Audit Act 2001.

Schedule 1 provides procedures for the resolution of disputes between the responsible Ministers and Te Mātāwai:

Schedule 2 sets out provisions for,—

ensure that during prime time it broadcasts mainly in te reo Māori; and

ensure that at other times it broadcasts a substantial proportion of its programmes in te reo Māori; and

ensure that, in its programming, the Service has regard to the needs and preferences of—

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

has full capacity to carry out or undertake any business or activity, do any act, or enter into any transaction; and

for the purposes of paragraph (a), has full rights, powers, and privileges.

the provisions of this Act and any other enactment; and

the general law.

a particular programme:

a particular allegation or complaint relating to a particular programme:

the gathering or presentation of news or the preparation or presentation of current affairs programmes:

programme standards.

Māori Television Service:

Te Aratuku Whakaata Irirangi Māori:

any other name that so resembles the names in paragraph (a) or paragraph (b) as to be likely to mislead a person.

under a name listed in subsection (1)(a) or (b); or

under a name, knowing that it so resembles a name listed in subsection (1)(a) or (b) as to be likely to mislead a person.

to appoint 4 of the 7 directors of the Service in accordance with section 19(a) and, if necessary, remove any of those 4 directors in accordance with clause 11 of Schedule 2; and

to provide direction to the chairperson of Te Mātāwai in the performance and exercise of his or her functions and powers under section 16; and

to receive the accountability documents prepared by the board under subpart 3 of Part 2; and

to safeguard the UHF right in accordance with section 23; and

to manage spectrum management rights in accordance with subpart 2A.

must appoint one director to be the chairperson of the board and another director to be the deputy chairperson, in accordance with clause 5 of Schedule 2; and

must determine the remuneration and other benefits for—

must approve the statement of intent prepared by the board under subpart 3 of Part 2; and

may direct the board to amend the statement of intent in respect of 1 or more specified items in accordance with section 34; and

subject to subsection (2), may review the performance of the Service; and

may consent to the reappointment of a director for more than 2 terms, in accordance with clause 3(1) of Schedule 2; and

must perform any other functions or duties required by this Act.

must give notice in writing to the Service of their intention to conduct a review; and

may require any information from the Service relating to its operation and activities that is relevant to that review.

4 directors appointed by Te Mātāwai; and

3 directors appointed by the responsible Ministers.

act in good faith, honestly, and with integrity; and

not contravene, or cause the Service to contravene, this Act; and

act with the care, diligence, and skill that a reasonable director would exercise in the same circumstances, taking into account, without limitation,—

act in accordance with clause 7 of Schedule 2 (which governs directors’ conflicts of interest); and

not act as a representative of, or promote the views of, any particular person, organisation, or political party; and

ensure that the Service—

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

those rights consist of successive records of management rights.

the records of management rights have—

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.

request that the manager issue 1 or more spectrum licences to the Service; or

notify the manager that it does not wish to have spectrum licences issued to it.

as soon as practicable after a request is made by the Service:

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

must not charge the Service for—

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.

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

the Service has declined the offer; and

the responsible Ministers have agreed to the grant.

the Service has been offered the spectrum licence; and

the Service has declined the offer; and

the responsible Ministers have agreed to the transfer.

the manager has offered to transfer the licence to the Service; and

the Service has declined the offer; and

the responsible Ministers have agreed to the transfer.

protect and promote te reo Māori me ngā tikanga Māori; and

broadcast the Service’s programmes.

the annual statement of intent (including the statement of output objectives); and

the output agreement; and

the annual report (including the audited financial report, the statement of service performance, and the statement of responsibility).

the annual statement of intent (and any amendments provided for under section 34); and

the annual report.

a final statement of intent has been presented to the House of Representatives by the responsible Ministers; and

the responsible Ministers have agreed to the output agreement prepared by the board on behalf of the Service under section 38 and the output agreement has been made final under section 40(1).

providing to the House of Representatives contextual information about the Service and information about the intentions and commitments set by the board for the Service; and

setting out the medium-term intentions and commitments of the board for the Service; and

identifying the key strategic issues for the Service; and

identifying how the board will respond to these key strategic issues and fulfil the statutory functions of the board; and

providing a baseline against which the performance of the Service and its subsidiaries can be assessed in a subsequent year or years.

relates to at least—

is consistent with this Act; and

is approved and finalised in accordance with the provisions of this subpart.

the period to which it applies:

an outline of the key contextual framework within which the Service operates, including—

in the case of a group,—

the nature of the long-term specific goals of the Service for its operations:

the nature and scope of the intended operations for the Service:

the principal areas of its activity:

the prime times identified by the Service for various target audiences:

the strategies proposed for the Service to achieve its goals, manage risks, and carry out operations, including long-term and short-term investment strategies:

a statement of output objectives specifying the classes of outputs to be produced by the Service and its subsidiaries:

the other qualitative and quantitative performance targets or measures by which the performance of the Service and its subsidiaries may be judged:

the strategies proposed by the Service for language quality assurance:

the anticipated annual content to be broadcast in te reo Māori during prime time and other times:

details of the Service’s plan for the development of te reo Māori:

any other proposed operating policies.

be prepared in accordance with generally accepted accounting practice; and

include the following information:

consult the responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai, before making a decision; and

report to the responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai, and when that will be done.

consider any comments; and

provide a second draft to the responsible Ministers and the chairperson of Te Mātāwai.

the responsible Ministers and chairperson of Te Mātāwai, on behalf of Te Mātāwai, must sign and date the agreed statement of intent; and

the chairperson of the board, on behalf of the board, must also sign the statement of intent.

from the date on which it becomes final under section 31; and

until a new statement of intent takes effect in accordance with the Act (even if that date is outside the financial year to which it relates).

the responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai, jointly direct an amendment to the statement of intent; or

changes in the law materially alter or affect the information contained in the statement of intent; or

the information contained in the statement of intent is false or misleading in a material way, and was so at the time when the statement of intent first took effect.

give written notice to the board specifying the amendment they propose; and

consult the board before the board makes the proposed amendment.

if made under section 34(2), on the day when it is signed by the responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai, and by the chairperson of the board, on behalf of the board; and

if notified under section 34(3), on the day when it is signed by the responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai.

to assist the Service and the responsible Ministers to clarify, align, and manage their respective expectations and responsibilities in relation to the funding and production of outputs paid for by the Crown; and

to provide the basis on which money may be made available for the use of the Service under an appropriation by Parliament.

be prepared by the board on behalf of the Service; and

be agreed to by the responsible Ministers.

the purposes to which money must be applied that is made available for the use of the Service under an appropriation by Parliament; and

the period to which the output agreement relates.

a clear description of the outputs to be produced under the agreement; and

an explanation of the conditions under which the Service will be paid for its outputs; and

a description of the delivery standards that the board has agreed to meet.

the responsible Ministers; and

by the chairperson on behalf of the board.

a report on the operations of the Service (and of its subsidiaries); and

a comparison between the actual amounts in the financial report and the amounts in the prospective financial information contained in the statement of intent; and

a financial report prepared in accordance with generally accepted accounting practice that includes a statement of service performance reporting on the classes of outputs actually produced during the financial year against the forecast classes of outputs specified in the statement of output objectives; and

a statement of responsibility prepared in accordance with section 42; and

the audit report.

an assessment of the reasons for, and implications of, any material reported net deficit incurred during the financial year; and

any matter on which the statement of intent requires the annual report to report; and

a report on the total value of remuneration and other benefits received by each director of the board during the financial year; and

a report on compliance by the Service with its policy of being a good employer (in the context of the purpose of the Service), including a report on its equal employment opportunities programme; and

a report on the number of employees who, during the financial year, received remuneration and other benefits in their capacity as employees (other than compensation or other benefits referred to in paragraph (g)), the total value of which exceeds $100,000 per year, and the number of those employees in brackets of $10,000; and

a report on the remuneration and benefits received by each committee member (other than directors or employees); and

the total value of compensation or other benefits received by persons who ceased to be employees during the financial year, in relation to the cessation of employment, and the number of persons who received a share of that total; and

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

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

any direction given in writing to the Service by a responsible Minister under any enactment during the financial year; and

any direction given to the Service in writing by the chairperson of Te Mātāwai, on behalf of Te Mātāwai, under this Act during the financial year; and

details of any act by the Service—

any other information that the board considers necessary to enable an informed assessment of the performance of the Service for that financial year.

a statement of the responsibility of the signatories for the preparation of the financial report and the judgements recorded in them; and

a statement of the responsibility of the signatories for establishing and maintaining a system of internal control designed to provide reasonable assurance as to the integrity and reliability of the financial reporting; and

a statement that, in the opinion of the signatories, the financial report fairly reflects the financial position and operations of the Service and, if applicable, the group.

containing the information required by section 41(1)(c); and

signed and dated by the chairperson on behalf of the board.

form or hold any shares or interests in any body corporate or in a partnership, joint venture, or other association of persons; or

settle, or be or appoint a trustee of, a trust.

does not carry on or undertake any business or activity, do any act, or enter into any transaction that the Service itself has no capacity or power to carry on, undertake, do, or enter into; and

exercises its powers only for the purpose of performing, or assisting the Service to perform, the functions of the Service; and

in carrying on or undertaking a business or activity, doing an act, or entering into a transaction, is subject to the same obligations and restrictions that would apply to the Service in relation to that matter; and

does not authorise remuneration or allowances for its members that could not be authorised for the directors of the Service; and

conducts its affairs in accordance with this Act, any other enactment, and with the general law; and

complies with the current statement of intent and any requirements of the current output agreement made under subpart 3.

remuneration and other benefits at a rate and of a kind jointly determined by the responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai, in accordance with the appropriate fees framework determined by the Government; and

payment of reimbursing allowances or actual and reasonable expenses incurred in undertaking his or her duties as a director of the governing body of the subsidiary.

the Trust is terminated; and

the trustees of the Trust cease to hold office; and

any committee appointed by the Trust in the transition period is terminated; and

the assets and liabilities of the Trust vest in the Service, freed of all trusts affecting those assets and liabilities; and

the purchase agreement made between the Trust and the Minister of Communications acting for and on behalf of Her Majesty the Queen on 26 November 1999 is cancelled; and

money payable to the Trust becomes payable to the Service; and

a representative appointed to the Electoral College by an organisation listed in Part 1 of Schedule 1 becomes a member of Te Pūtahi Paoho.

the Electoral College and its members; and

the establishment Service, the establishment directors, and the establishment board; and

the establishment chief executive and the employees, consultants, or agents (if any) of the establishment Service; and

the chief executive of Te Puni Kōkiri or his or her authorised delegate.

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

present the report to the House of Representatives within 18 months after the commencement of the review.