General policy statement
This Bill seeks to strengthen the delivery of public media services to New Zealanders by establishing a new public media entity.
The media landscape in New Zealand is changing rapidly. Trends include increasing competition from international content providers, along with a continued audience shift to online platforms for all genres of entertainment and for news and current affairs. These trends will continue to evolve as technology and delivery of content change.
In the face of these challenges, the Government’s objective is to ensure that all New Zealanders can access relevant and trusted public media content across the platforms they use by—
better aligning Government investment across platforms, increasing flexibility to respond to future demographic and technological changes, and reducing inefficiencies:
ensuring a more sustainable long-term funding model:
enabling a greater focus on currently under-served and under-represented audiences, while continuing to provide for existing audiences.
The Government also intends to consider and provide for Māori interests through the delivery of public media services.
To achieve those objectives, the Bill establishes Aotearoa New Zealand Public Media as an autonomous Crown entity that will—
be required to focus on achieving public media outcomes through objectives, functions, and operating principles set out in a Charter:
have obligations through its governance arrangements, delivery of its Charter, engagement with Māori, and working with the Māori media sector, so as to recognise and respect the Crown’s responsibility to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi:
be editorially independent, with Ministers unable to direct the entity or remove board members in relation to editorial matters and the entity being required by its Charter to demonstrate editorial independence, impartiality, and balance, and to provide reliable, accurate and comprehensive regional, national, and international news and information:
be required to maximise access to content, including by ensuring that content is made freely available and accessible to all New Zealanders and that it is predominantly free of charge (if content is charged for on first broadcast, it must subsequently be broadcast free within a reasonable time period):
be required to work collaboratively across the media sector, wherever appropriate and financially responsible, to support a diverse, capable, and resilient media ecosystem and to co-ordinate with NZ On Air and Te Māngai Pāho to avoid any gaps or duplication in the public provision of content:
be governed by a board that has skills and experience relating to financial management and te ao Māori and tikanga Māori:
be able to be held to account for delivery of its Charter, its other statutory functions, and its financial performance through planning and reporting requirements over and above the standard requirements in the Crown Entities Act 2004, and a requirement to report on specific aspects of its performance in its annual report (informed by audience research), and provision for the House of Representatives to review the Charter and Aotearoa New Zealand Public Media’s performance against it.
The Government intends that the transition from RNZ and TVNZ to Aotearoa New Zealand Public Media should be as efficient as possible, while providing certainty for employees and the broader media sector, providing continuity of service for audiences, and giving Aotearoa New Zealand Public Media adequate time and flexibility to resolve more complex contractual issues.
The Bill therefore provides, that on commencement, all shares in RNZ and TVNZ will transfer to Aotearoa New Zealand Public Media (along with functions, land, and property), and RNZ and TVNZ will exist as subsidiaries of Aotearoa New Zealand Public Media. RNZ and TVNZ subsidiaries will become subsidiaries of Aotearoa New Zealand Public Media.
RNZ and TVNZ employees (with the exception of the chief executives) will transfer to Aotearoa New Zealand Public Media on the same terms and conditions, with no impact on their entitlements or continuity of service.
All services that were previously provided commercial-free by RNZ will continue to be provided commercial-free.
Agreements with international parties will remain with RNZ and TVNZ, unless renegotiated separately, and will not be affected by the commencement of the legislation. Aotearoa New Zealand Public Media’s board must set a date on which RNZ and TVNZ will be dissolved and any contractual rights remaining with RNZ and TVNZ will be transferred to Aotearoa New Zealand Public Media.
The Bill also clarifies how other enactments will apply during and after the transition from RNZ and TVNZ to Aotearoa New Zealand Public Media, reflecting that the ultimate owner of RNZ and TVNZ will not change (it remains the Crown).