Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698842947371.pdf (New Zealand)
Reprint as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Public Act Date of assent Commencement 2003 No 21 7 May 2003 see section 2 Contents Preamble Title Part 1 Preliminary provisions and provisions to establish Māori Television Service and Te Pūtahi Paoho Subpart 1—Preliminary provisions Commencement Purpose Act binds the Crown Outline of Act Interpretation Page 4 6 7 7 7 8 9 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by Te Puni Kōkiri.
1 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Subpart 2—Māori Television Service Establishment of Māori Television Service Establishment of Service Key provisions about Māori Television Service Functions of Service Powers of Service Independence of Service Protection of names Subpart 3—Te Pūtahi Paoho Establishment Membership of Te Pūtahi Paoho Change in composition of Te Pūtahi Paoho Functions of Te Pūtahi Paoho Joint responsibilities of responsible Ministers and chairperson of Te Pūtahi Paoho Dispute resolution 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 1—Key provisions about board of directors Board is governing body of Service Governing body of Service Appointment of board of directors Appointment of directors Duties of directors Duties of directors Subpart 2—Provisions relating to UHF right Transfer of UHF right to Service Transfer of UHF right from Crown to Service Use of UHF right by Service Transfer of UHF right and spectrum licences by Service Role of Te Pūtahi Paoho in relation to UHF right Subpart 3—Accountability required of Service Interpretation Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku
 Whakaata Irirangi Māori) Act 2003 Key provisions on accountability of Service Overview of accountability responsibilities Key document of accountability: Statement of intent Purpose of statement of intent Obligation to prepare statement of intent Contents of statement of intent Contents of statement of intent Matters for consultation and reporting must be identified Process for creating and finalising statement of intent Creating and finalising statement of intent Effective date and term of statement of intent
 Amendments to statement of intent When statement of intent may be amended Mandatory amendment of statement of intent Amendments must be presented to House of Representatives Effective date of amendments Key document of accountability: Output agreement Purpose of output agreement Preparation of output agreement Contents of output agreement Formal requirements for output agreement Key document of accountability: Annual report Contents of annual report Other documents of accountability Statement of responsibility Financial report Annual report presented to House of Representatives Subpart 4—Related entities Shares or interests in related entities Limits to functions and powers of subsidiary Remuneration and allowances Preamble Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 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 1—Provisions for termination of Te Reo Māori Television Trust (Te Awhiorangi) Te Reo Māori Television Trust (Te Awhiorangi) terminated Trust terminated Final report of Trust Protection of trustees Subpart 2—Transitional arrangements relating to establishment Service, etc Provisions relating to
 decisions, etc, in transition period Transition from establishment board Employees Assets and liabilities of establishment bodies Subpart 3—Review of Act Review of Act Subpart 4—Amendments to other Acts Amendment to Ombudsmen Act 1975 Amendment to Official Information Act 1982 Amendment to Broadcasting Act 1989 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 31 32 33 33 33 34
 34 34 35 35 35 35 35 36 43 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 49 50 51 52 53 54 55 56 57 58 59 60 4 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Preamble 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: 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: 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: (2) (3) (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 5 s 1 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 (2) (3) (4) 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: 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: 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: 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.
is the Māori Television Service (Te Aratuku Title This Act Whakaata Irirangi Māori) Act 2003.

This Act may be cited as either— (a) (b) the Māori Television Service Act 2003; or Te Aratuku Whakaata Irirangi Māori Act 2003.
1 (1) (2) 6 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 1 s 4 2 3 Part 1 Preliminary provisions and provisions to establish Māori Television Service and Te Pūtahi Paoho Subpart 1—Preliminary provisions Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
Purpose In recognition that the Crown and Māori together have an obli- gation under the Treaty of Waitangi to preserve, protect, and promote te reo Māori, the purpose of this Act is to provide for— (a) the establishment and the functions, duties, and powers of the Service and Te Pūtahi Paoho: 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: a process to safeguard the UHF right, for the purpose of protecting and promoting te reo Māori me ngā tikanga Māori, if, in performing its functions set out in section 8, the Service does not require the right, or ceases to use the spectrum licences created for its use under that right, or wishes to transfer the right or spectrum licences created under it to a third party other than Te Pūtahi Paoho: 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 arrange- ments undertaken during the transition period.
(b) (c) (d) (e) (f) 4 Act binds the Crown This Act binds the Crown.

7 Part 1 s 5 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Outline of Act This section is a guide to the general scheme and effect of this Act.
Part 1 has 3 subparts, as follows: (a) subpart 1 contains the preliminary provisions for the commencement of the Act, states its purpose, and de- fines certain terms: subpart 2 contains key provisions about the establish- ment of the Service, its governing body, and its func- tions and powers, and provides for its independence in certain respects, and for the protection of certain names: subpart 3 contains provisions that establish Te Pūtahi Paoho, provide for its membership, functions, and powers, for the joint responsibilities of the chairperson of Te Pūtahi Paoho and the responsible Ministers, and for the resolution of disputes between Te Pūtahi Paoho and the responsible Ministers.
Part 2 has 4 subparts, as follows: (a) 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 obliga- tions and powers of the Service in relation to the UHF right, and the role of Te Pūtahi Paoho in safeguarding the UHF right for the purpose of protecting and pro- moting te reo Māori me ngā tikanga Māori if specified circumstances arise: 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.
Part 3 has 4 subparts, as follows: (a) 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 transi- (b) (c) (b) (c) (d) (b) 5 (1) (2) (3) (4) 8 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 1 s 6 (c) (d) tion 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 Broadcasting Act 1989, and the Public Audit Act 2001. the Official Information Act 1982, (5) 6 There are 2 schedules, as follows: (a) Schedule 1 lists the organisations that may appoint rep- resentatives to Te Pūtahi Paoho, sets out certain proced- ures for Te Pūtahi Paoho, and provides procedures for dispute resolution: Schedule 2 sets out provisions for,— (i) (b) in Part 1, the criteria to be taken into account in appointing the directors of the Service: in Part 2, the qualification and term of office of directors and the method of their appointment, disclosure of directors’ conflicts of interest, re- moval of directors from office or their resigna- tion, procedure for board meetings, directors’ re- muneration, immunity of directors, delegations by directors and the chief executive, and provi- sions relating to information: in Part 3, provisions on aspects of the Service’s financial governance and its power to contract: in Part 4, the appointment of the chief executive and the employment of staff.
(ii) (iii) (iv) Interpretation In this Act, unless the context otherwise requires,— annual report means the accountability document, the con- tents of which are prescribed in section 41 board means the board of directors of the Service commencement day means the date on which this Act comes into force director means a director of the board of the Service financial year means the 12 months ending on the close of 30 June or another date that the board determines 9 Part 1 s 7 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 ngā tikanga Māori, for the purposes of this Act, means Māori customary values and practices output agreement means the accountability document, the purpose of which is stated in section 37 prime time means the times of broadcasting identified by the Service (and included in the statement of intent in accordance with section 29(1)(g)), as having the largest number of viewers for its particular target audiences related entity means an entity referred to in section 45 responsible Ministers means the Minister of Māori Affairs and the Minister of Finance, acting jointly Service means the Māori Television Service established as a statutory corporation by section 7 statement of intent means the accountability document, the purpose of which is stated in section 27 subsidiary means a subsidiary of the Service within the mean- ing of section 2 of the Financial Reporting Act 1993 Te Pūtahi Paoho means the Māori Television Electoral Col- lege established by section 12 te reo Māori means the Māori language UHF right means an ultra high frequency management right (including any successive management right) that is recorded in the Register of Radio Frequencies under the Radiocommunications Act 1989— (a) for a 32 MHz range of frequencies within the limits of 494 and 806 MHz; and for an overall period of 10 years from the date when that right is transferred to the Service under section 21.
(b) Subpart 2—Māori Television Service Establishment of Māori Television Service Establishment of Service This section establishes the Māori Television Service.

The Service is a body corporate with perpetual succession.

The governing body of the Service is the board of directors, consisting of 7 directors appointed in accordance with sec- tion 19.
7 (1) (2) (3) 10 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 1 s 9 Key provisions about Māori Television Service 8 (1) (2) (3) 9 (1) (2) Functions of Service The principal function of the Service is to promote te reo Māori me ngā tikanga Māori through the provision of a high quality, cost-effective Māori television service, in both Māori and En- glish, that informs, educates, and entertains a broad viewing audience, and, in doing so, enriches New Zealand’s society, culture, and heritage.
The Service must also— (a) ensure that during prime time it broadcasts mainly in te reo Māori; and ensure that at other times it broadcasts a substantial pro- portion of its programmes in te reo Māori; and ensure that, in its programming, the Service has regard to the needs and preferences of— (i) children participating in te reo Māori immersion education; and all persons learning te reo Māori; and (ii) provide broadcast services that are technically available throughout New Zealand and practicably accessible to as many people as is reasonably possible.
(b) (c) (d) The Service may undertake other functions consistent with the purposes of the Act, including (without limitation) foster- ing development of the broadcasting capacity of the Service through appropriate training and education.
Powers of Service For the purpose of performing its functions under this Act, the Service— (a) 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.

Subsection (1) applies subject to— (a) (b) the provisions of this Act and any other enactment; and the general law.
(b) 11 Part 1 s 10 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 10 (1) (2) Independence of Service The responsible Ministers, or any other Minister, or any person acting by or on behalf of or at the direction of any Minister, or Te Pūtahi Paoho, or a member of Te Pūtahi Paoho, or a director acting without the authority of the board, must not direct the Service, or any subsidiary of the Service, or any director, officer, or employee of the Service in respect of— (a) (b) a particular programme: a particular allegation or complaint relating to a particu- lar programme: the gathering or presentation of news or the preparation or presentation of current affairs programmes: programme standards.
(d) The other provisions of this Act apply subject to subsection (1).

(c) Protection of names 11 (1) No person may be incorporated or registered under any other enactment or in any other manner using the following names: (a) Māori Television Service: (b) (c) Te Aratuku Whakaata Irirangi Māori: any other name that so resembles the names in para- graph (a) or paragraph (b) as to be likely to mislead a person.
(2) No person other than the Service may, either alone or with another person, trade or carry on business— (a) (b) 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 mis- lead a person.

(3) A person who breaches subsection (2) commits an offence and is liable on conviction to a fine not exceeding $2,500.
Section 11(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Subpart 3—Te Pūtahi Paoho Establishment This section establishes Te Pūtahi Paoho.

12 (1) 12 (2) (3) 14 (1) Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 1 s 14 (2) (3) The purpose of Te Pūtahi Paoho is to perform its functions under this Act.

For the purposes of subsection (2), Te Pūtahi Paoho has full powers, rights, and privileges.
13 Membership of Te Pūtahi Paoho (1) Each of the organisations listed in Part 1 of Schedule 1 may appoint 1 representative to be a member of Te Pūtahi Paoho.

The chairperson of Te Pūtahi Paoho must notify the chief ex- ecutive of Te Puni Kōkiri in writing— (a) of the names of the members of Te Pūtahi Paoho at the commencement day, and the organisation that each per- son represents; and (b) of any changes in the membership of Te Pūtahi Paoho.
Part 2 of Schedule 1 applies to Te Pūtahi Paoho and its mem- bers.

Change in composition of Te Pūtahi Paoho The Governor-General may, by Order in Council, amend Part 1 of Schedule 1 by adding or removing the name of an organisation.

(2) An Order in Council may be made only on the recommenda- (3) (4) tion of the Minister of Māori Affairs.
The Minister of Maori Affairs may make a recommendation only at the request of, or with the consent of, the chairperson of Te Pūtahi Paoho authorised by a resolution of Te Pūtahi Paoho.
Te Pūtahi Paoho must not pass a resolution in relation to— (a) an organisation whose name is to be added to Part 1 of Schedule 1 unless Te Pūtahi Paoho is satisfied that it is an organisation that has a role in promoting te reo Māori: an organisation whose name is to be omitted from Part 1 of Schedule 1 unless— (i) the organisation wishes to withdraw from Te Pū- tahi Paoho; or Te Pūtahi Paoho is satisfied that the organisation no longer has a role in promoting te reo Māori.
(ii) (b) 13 Part 1 s 15 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 15 Functions of Te Pūtahi Paoho The functions of Te Pūtahi Paoho are— (a) to appoint 4 of the 7 directors of the Service in accord- ance with section 19(a) and, if necessary, remove any of those 4 directors in accordance with clause 11 of Sched- ule 2; and to provide direction to the chairperson of Te Pūtahi Paoho in the performance and exercise of his or her functions and powers under section 16; and to consider the need to increase or decrease the number of organisations represented on Te Pūtahi Paoho for the purpose of section 14, and to pass resolutions as neces- sary for that purpose; 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.
(b) (c) (d) (e) 16 (1) Joint responsibilities of responsible Ministers and chairperson of Te Pūtahi Paoho The responsible Ministers and the chairperson of Te Pūtahi Paoho, acting jointly,— (a) must appoint 1 director to be the chairperson of the board and another director to be the deputy chairper- son, in accordance with clause 5 of Schedule 2; and (b) must determine the remuneration and other benefits for— (i) the board in accordance with clauses 21 and 22 of Schedule 2; and the governing body of a subsidiary of the Service in accordance with section 47; and (c) must approve the statement of intent prepared by the (ii) board under subpart 3 of Part 2; and (d) 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 (e) 14 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 1 s 17 (f) may consent to the reappointment of a director for more than 2 terms, in accordance with clause 3(1) of Schedule 2; and (g) must perform any other functions or duties required by this Act.
(2) For the purpose of carrying out a review of the Service, the responsible Ministers and the chairperson of Te Pūtahi Paoho, acting jointly,— (a) must give notice in writing to the Service of their inten- tion to conduct a review; and (b) may require any information from the Service relating to its operation and activities that is relevant to that re- view.

(3) Clause 29 of Schedule 2 applies to a requirement under sub- section (2)(b).
Dispute resolution 17 (1) (2) Resolution of disagreement between the responsible Ministers and the chairperson of Te Pūtahi Paoho If the responsible Ministers and the chairperson of Te Pūtahi Paoho are unable to agree on a matter for which their joint determination is required under section 16, 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.
Clauses 15 to 20 of Schedule 1 apply to the process of medi- ation commenced under this section.
15 Part 2 s 18 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 2 Key provisions relating to appointment and duties of directors, transfer of UHF right, accountability of Service, and establishment of related entities Subpart 1—Key provisions about board of directors Board is governing body of Service Governing body of Service The board has authority, subject to this Act, to exercise the powers and perform the functions of the Service.
The board must supervise or direct the management of the af- fairs of the Service in accordance with the statement of intent to achieve the purpose of this Act.

The board has all the powers necessary for carrying out its functions and duties under this Act.

Schedule 2 applies to the board, the directors, and the admin- istration of the Service.
Appointment of board of directors Appointment of directors The board must consist of 7 directors appointed as follows: 4 directors appointed by Te Pūtahi Paoho; and (a) 3 directors appointed by the responsible Ministers.
(b) In making their respective appointments under this section, the responsible Ministers and Te Pūtahi Paoho may appoint a person as a director of the board only if, in their respective opinions, the person has the appropriate skills and experience to assist the Service to perform its functions.

The skills and experience referred to in subsection (2) include (but are not limited to) the criteria set out in Part 1 of Sched- ule 2.
18 (1) (2) (3) (4) 19 (1) (2) (3) 16 (c) (d) (e) (f) Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 2 s 20 Duties of directors 20 Duties of directors A director of the board, when acting as a director, and the board acting collectively must— (a) (b) 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, tak- ing into account, without limitation,— (i) (ii) the nature of the activities of the Service; and the nature of the action or decision taken by the director; and the position of the director and the nature of the responsibilities undertaken by him or her; and (iii) 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— (i) (ii) acts within its statutory functions; and acts in accordance with the statement of intent and the output agreement; and performs its functions and conducts its activities effectively, efficiently, and in a financially pru- dent manner, which includes, without limitation, endeavouring to— (A) prudently manage the assets and liabilities of the Service: (iii) (B) maintain the long-term financial viability of the Service: cover the annual costs of the Service from the net annual income: act as a successful going concern.
(C) (D) 17 Part 2 s 21 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Subpart 2—Provisions relating to UHF right Transfer of UHF right to Service Transfer of UHF right from Crown to Service The chairperson of the board must,— (a) in consultation with the chairperson of Te Pūtahi Paoho, determine the date of transfer of the UHF right to the Service from the Crown, acting by and through the chief executive of the Ministry of Economic Development; and give written notice not less than 20 working days prior to that date to— (i) the chief executive of the Ministry of Economic Development; and the chairperson of Te Pūtahi Paoho; and the responsible Ministers.
(ii) (iii) (b) The chief executive of the Ministry of Economic Development must transfer the UHF right to the Service on or before the date notified under subsection (1)(b).

Use of UHF right by Service As soon as reasonably practicable after the transfer of the UHF right from the Crown to the Service under section 21, the Ser- vice must, in performing its functions set out in section 8, de- cide whether to create for its use spectrum licences under the UHF right.
Transfer of UHF right and spectrum licences by Service If the Service does not require the UHF right transferred by the Crown under section 21, it must transfer the UHF right to Te Pūtahi Paoho.

If the Service ceases to use the spectrum licences created for its use under the UHF right in accordance with section 22, it must cancel the spectrum licences.
If the Service proposes to transfer the UHF right to a third party, or to create spectrum licences for, or to transfer spec- trum licences to, a third party (other than Te Pūtahi Paoho), it must— 21 (1) (2) 22 23 (1) (2) (3) 18 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 2 s 25 (4) 24 (1) (2) 25 (a) (b) prepare and present to Te Pūtahi Paoho a business plan on the proposal; and obtain the agreement of Te Pūtahi Paoho to the proposed transfer.
In subsection (3), business plan means a plan stating how a proposal referred to in that subsection would fulfil the Ser- vice’s functions set out in section 8, and the terms and con- ditions of that transfer.
Role of Te Pūtahi Paoho in relation to UHF right If the Service transfers the UHF right to Te Pūtahi Paoho under section 23(1), Te Pūtahi Paoho must, in consultation with the responsible Ministers, transfer the UHF right— (a) to an appropriate television broadcaster, to be used for the purpose of promoting and protecting te reo Māori me ngā tikanga Māori; or to the Crown, to be used in fulfilling the functions set out in section 8.
(b) If the Service proposes to transfer the UHF right to a third party, or to create spectrum licences for, or to transfer spectrum licences to, a third party under section 23(3), Te Pūtahi Paoho must, before agreeing to the proposal,— (a) (b) consult with the responsible Ministers; and have regard to the fact that the UHF right was provided to the Service to use for the purpose of protecting and promoting te reo Māori me ngā tikanga Māori.
Subpart 3—Accountability required of Service Interpretation In this subpart, unless the context otherwise requires,— class of outputs means a grouping of similar outputs effective date means the date on which a statement of intent or any amendment takes effect in accordance with section 32 or section 36 respectively financial report means the report referred to in section 43 generally accepted accounting practice has the same mean- ing it has in section 3 of the Financial Reporting Act 1993 19 Part 2 s 26 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 group means a group comprising the Service and its sub- sidiaries outcomes means the impacts on, or consequences for, the community of the outputs or activities of the Service outputs means— (a) the goods and services provided or to be provided by the Service in fulfilment of its functions under this Act; but does not include services produced for purchase or con- sumption solely within the Service (b) statement of output objectives means part of the statement of intent referred to in section 29(1)(h) statement of responsibility means the accountability docu- ment described in section 42 statement of service performance means part of the annual report referred to in section 41(1)(c).
Key provisions on accountability of Service Overview of accountability responsibilities The board must prepare and deliver, in accordance with the requirements of this subpart, the following reports relevant to the accountability of the Service under this Act: (a) 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).
(b) (c) The responsible Ministers must present to the House of Rep- resentatives— (a) the annual statement of intent (and any amendments provided for under section 34); and the annual report.
(b) The Crown must not incur any liability to the Service or ex- pend any money for the use of the Service under an appropri- ation by Parliament unless— 26 (1) (2) (3) 20 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 2 s 28 (a) (b) 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).
Key document of accountability: Statement of intent 27 28 (1) Purpose of statement of intent The purpose of a statement of intent is to promote the account- ability of the Service by— (a) 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 commit- ments 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 sub- sequent year or years.
(b) (c) (d) (e) Obligation to prepare statement of intent The Service must, in accordance with section 31, prepare a statement of intent that— relates to at least— (a) (i) (ii) is consistent with this Act; and is approved and finalised in accordance with the provi- sions of this subpart.

the next financial year; and the 2 following financial years; and (b) (c) (2) If the Service has 1 or more subsidiaries, it must prepare the statement of intent for the group.
21 Part 2 s 29 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Contents of statement of intent Contents of statement of intent 29 (1) Without limiting the matters that may be addressed, the state- ment of intent must include the following information, in re- lation to the period to which the statement applies: (a) (b) the period to which it applies: an outline of the key contextual framework within which the Service operates, including— (i) (ii) the principal statutory functions of the Service: the current organisational structure of the Ser- vice: any related entities of the Service: (c) (d) (e) (f) (g) (h) (i) (j) (iii) in the case of a group,— (i) (ii) the entities that comprise the group; and the nature of the business of each entity in the group; and (iii) the principal areas of activity for each operation: 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 particular 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 sub- sidiaries: the other qualitative and quantitative performance tar- gets or measures by which the performance of the Ser- vice and its subsidiaries may be judged: any other proposed operating policies.
(k) The statement of intent must include prospective financial in- formation for the period to which the statement of intent ap- plies, which must— (a) be prepared in accordance with generally accepted ac- counting practice; and (2) 22 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 2 s 31 (b) include the following information: (i) (ii) (iii) (iv) a statement of financial performance; and a statement of financial position; and a statement of cash flows; and an outline of the strategy proposed for managing any recently reported or anticipated material net deficit (as determined in accordance with gener- ally accepted accounting practice).
The statement of intent must include any other information material to understanding and assessing the information pro- vided under subsections (1) and (2), or include information without which the information provided under subsections (1) and (2) would be false or misleading in a material way.
(3) 30 Matters for consultation and reporting must be identified The statement of intent must identify and state the matters on which the Service will— (a) consult the responsible Ministers and the chairperson of Te Pūtahi Paoho before making a decision; and report to the responsible Ministers and the chairperson of Te Pūtahi Paoho and when that will be done.
(b) 31 (1) (2) (3) Process for creating and finalising statement of intent Creating and finalising statement of intent The board must prepare in writing a draft statement of intent and deliver it to the responsible Ministers and the chairperson of Te Pūtahi Paoho not later than 60 days before the beginning of the financial year to which it relates.

The responsible Ministers and the chairperson of Te Pūtahi Paoho may, within 14 working days, jointly provide comments on the draft statement to the board.
The board must, within 10 working days of receiving the com- ments referred to in subsection (2),— (a) (b) consider any comments; and provide a second draft to the responsible Ministers and the chairperson of Te Pūtahi Paoho.
23 Part 2 s 32 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 (4) When the responsible Ministers, the chairperson of Te Pūtahi Paoho, and the board have agreed on the text of the draft state- ment of intent in the course of the process under this clause,— the responsible Ministers and chairperson of Te Pūtahi (a) Paoho 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.
(b) (5) (6) (7) 32 The statement of intent is final when it has been signed in ac- cordance with subsection (4).

The responsible Ministers must present the statement of intent (and any amendments made under section 34) to the House of Representatives as soon as practicable after it becomes final.
The responsible Ministers, the chairperson of Te Pūtahi Paoho, and the board must endeavour to finalise the statement of intent in time for it to be presented to the House of Representatives before the beginning of the financial year to which it relates.
Effective date and term of statement of intent A statement of intent is effective— (a) 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).
(b) Amendments to statement of intent 33 When statement of intent may be amended After a statement of intent becomes final under section 31, it may only be amended if an obligation arises to make a manda- tory amendment under section 34.
34 Mandatory amendment of statement of intent The board must amend a statement of intent if— (1) (a) the responsible Ministers and the chairperson of Te Pū- tahi Paoho jointly direct an amendment to the statement of intent; or 24 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 2 s 36 (2) (3) (c) (b) changes in the law materially alter or affect the infor- mation 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.
The board must amend the statement of intent as soon as prac- ticable after it becomes aware of the facts that give rise to the obligation to make a mandatory amendment under subsection (1)(b) or (c).

If the responsible Ministers and chairperson of Te Pūtahi Paoho direct the board to amend the statement of intent under subsection (1)(a), they must, jointly,— (a) give written notice to the board specifying the amend- ment they propose; and consult the board before the board makes the proposed amendment.
(b) (4) An amendment directed under subsection (1)(a) must be con- sistent with the functions of the Service.

35 36 Amendments must be presented to House of Representatives An amendment made under section 34 must be presented to the House of Representatives by the responsible Ministers as soon as practicable after the amendment has been made.
Effective date of amendments An amendment is effective,— (a) if made under section 34(2), on the day when it is signed by the responsible Ministers and the chairperson of Te Pūtahi Paoho, 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 Pūtahi Paoho.
(b) 25 (2) 39 (1) Part 2 s 37 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Key document of accountability: Output agreement 37 Purpose of output agreement The purpose of an output agreement is— (a) to assist the Service and the responsible Ministers to clarify, align, and manage their respective expectations and responsibilities in relation to the funding and pro- duction 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 appropri- ation by Parliament.
(b) Preparation of output agreement 38 (1) An output agreement must— be prepared by the board on behalf of the Service; and be agreed to by the responsible Ministers.

(a) (b) The board is responsible to the responsible Ministers for meet- ing the terms of the output agreement.
Contents of output agreement The output agreement must specify— (a) the purposes to which money must be applied that is made available for the use of the Service under an ap- propriation by Parliament; and the period to which the output agreement relates.
(2) Unless the responsible Ministers otherwise agree, an output agreement must contain the following information: (a) a clear description of the outputs to be produced under the agreement; and an explanation of the conditions under which the Ser- vice will be paid for its outputs; and a description of the delivery standards that the board has agreed to meet; and the amount to be set aside for the operating costs of Te Pūtahi Paoho under clauses 11 and 12 of Schedule 1.
(b) (b) (c) (d) (3) The output agreement must include any other relevant infor- mation, such as the purpose for which the outputs are required, 26 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 2 s 41 (4) (5) 40 (1) (2) 41 (1) that may assist the board and the responsible Ministers to in- terpret and implement the output agreement.

The output agreement must be consistent with the functions of the Service.
The amount specified under subsection (2)(d) must be— (a) determined in consultation with the chairperson of Te Pūtahi Paoho; and sufficient to meet the costs of the matters provided for in clauses 11 and 12 of Schedule 1.

(b) the responsible Ministers; and by the chairperson on behalf of the board.
Formal requirements for output agreement The output agreement must be in writing and dated and signed by— (a) (b) The board must endeavour to complete, and the responsible Ministers to agree to, the output agreement in a timely manner to permit the payment of the funds appropriated by Parliament to the Service in accordance with section 26(3).
Key document of accountability: Annual report Contents of annual report The annual report must contain the following information for the financial year to which the report relates: (a) a report on the operations of the Service (and of its sub- sidiaries); and a comparison between the actual amounts in the finan- cial 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 out- puts 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.
(b) (c) (d) (e) 27 Part 2 s 42 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 (2) The annual report must also include— (a) an assessment of the reasons for, and implications of, any material reported net deficit incurred during the fi- nancial 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 compensa- tion 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 em- ployees); and the total value of compensation or other benefits re- ceived by persons who ceased to be employees during the financial year, in relation to the cessation of employ- ment, and the number of persons who received a share of that total; and any other information that the board considers neces- sary to enable an informed assessment of the perform- ance of the Service for that financial year.
(b) (c) (d) (e) (f) (g) (h) Other documents of accountability Statement of responsibility 42 (1) A statement of responsibility must accompany the financial report.
The statement of responsibility must contain— (a) a statement of the responsibility of the signatories for the preparation of the financial report and the judge- ments recorded in them; and (2) 28 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 2 s 45 (c) (b) a statement of the responsibility of the signatories for establishing and maintaining a system of internal con- trol 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.
The statement of responsibility must be dated and signed by the chairperson of the board and by the chief executive of the Service or, if there is no chairperson, by the chief executive and the chief financial officer of the Service.
Financial report The board must, not later that 90 days after the end of the financial year, prepare and send to the Auditor-General the financial report— (a) containing the information required by section 41(1)(c); and signed and dated by the chairperson on behalf of the board.

(b) The Auditor-General must, within 30 days of receiving the financial report, return it to the Service, together with the audit report.
Annual report presented to House of Representatives The Service must, as soon as reasonably practicable after re- ceiving the financial report and audit report from the Audi- tor-General, forward the annual report to the responsible Min- isters and the chairperson of Te Pūtahi Paoho.

The responsible Ministers must, as soon as reasonably practic- able, present the annual report to the House of Representatives.
Subpart 4—Related entities Shares or interests in related entities The Service may, with the joint consent of the responsible Ministers and the chairperson of Te Pūtahi Paoho,— 29 (3) 43 (1) (2) 44 (1) (2) 45 (1) Part 2 s 46 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 (2) (3) 46 (a) form or hold any shares or interests in any body corpo- rate or in a partnership, joint venture, or other associ- ation of persons; or settle, or be or appoint a trustee of, a trust.
(b) The consent referred to in subsection (1) may be given on any conditions that the responsible Ministers and chairperson of Te Pūtahi Paoho jointly specify.

The Service may only form or hold any shares or interests in a related entity under subsection (1) for the purpose of perform- ing its functions under this Act.
Limits to functions and powers of subsidiary The Service and any subsidiary of the Service must ensure that the subsidiary— (a) 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, do- ing 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 re- quirements of the current output agreement made under subpart 3.
(b) (c) (d) (e) (f) Remuneration and allowances 47 (1) A director of a subsidiary is entitled to receive, from the funds of the subsidiary,— (a) remuneration and other benefits at a rate and of a kind jointly determined by the responsible Ministers and the 30 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 3 s 48 (2) 48 (b) chairperson of Te Pūtahi Paoho in accordance with the appropriate fees framework determined by the Govern- ment; and payment of reimbursing allowances or actual and rea- sonable expenses incurred in undertaking his or her du- ties as a director of the governing body of the subsidiary.
The remuneration and other benefits referred to in subsection (1)(a) must be determined before the Service forms or acquires shares in a subsidiary.
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 Interpretation In subparts 1 and 2 of this Part, unless the context otherwise requires,— appointed representatives means the persons appointed by organisations to constitute the Electoral College assets means any real or personal property of any kind, whether tangible or intangible, corporeal or incorporeal, whether or not subject to rights, and wherever situated Deed of Trust means the deed creating Te Reo Māori Tele- vision Trust (Te Awhiorangi) as a charitable trust that was in- corporated under the Charitable Trusts Act 1957 on 10 Sep- tember 1999 Electoral College means the Electoral College set up under the Deed of Trust establishment board means the board appointed for the tran- sition period by the responsible Ministers and the Electoral College to oversee the setting up and operations of the estab- lishment Service establishment chief executive means the person appointed for the transition period by the establishment board to under- 31 Part 3 s 49 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 take the functions, duties, and powers of the chief executive of the establishment Service establishment directors means the directors appointed to the establishment board, including any director who resigned from the establishment board before the commencement of this Act establishment Service means the organisation set up in the transition period to prepare for the establishment of the Māori Television Service transition period means the period between 23 July 2001 and the commencement day Trust means Te Reo Māori Television Trust (Te Awhiorangi) created by the Deed of Trust trustee means a trustee of the Trust.
Subpart 1—Provisions for termination of Te Reo Māori Television Trust (Te Awhiorangi) Te Reo Māori Television Trust (Te Awhiorangi) terminated Trust terminated On and from the commencement day, under this section,— (a) (b) (c) 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 can- celled; and money payable to the Trust becomes payable to the Ser- vice; 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.
(d) (e) (f) (g) 49 32 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 3 s 52 50 Final report of Trust The Service must prepare the final audited financial report of the Trust within 3 months after the commencement day and provide copies to the responsible Ministers and the chairper- son of Te Pūtahi Paoho.
(2) Protection of trustees 51 (1) On and from the commencement day, any proceeding com- menced by or against the Trust may be carried on, completed, or enforced by or against the Service.
If, in the period between 23 July 2001 and the end of the day immediately before the commencement day, a trustee, officer, or agent of the Trust acts or fails or refuses to act in order to prepare for, or assist in, the implementation of this Act, that person is not under a civil liability for acting, failing, or refusing to act if the action, failure, or refusal is done or made in good faith and with reasonable care.
Subsection (2) applies despite any provision in the Deed of Trust under which the Trust was created.
(3) Subpart 2—Transitional arrangements relating to establishment Service, etc 52 (1) Provisions relating to decisions, etc, in transition period This subpart applies, in relation to the transition period, to— (a) (b) 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 Ser- vice; and the chief executive of Te Puni Kōkiri or his or her au- thorised delegate.
(c) (d) (2) A decision, recommendation, action, appointment, undertak- ing, or transaction made, taken, or entered into in good faith and with reasonable care by a person or body referred to in subsection (1) during the transition period is as valid as if it had been made, taken, or entered into, under this Act.
33 Part 3 s 53 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 (3) Subject to subsection (4), on and from the commencement day, a decision, recommendation, action, appointment, undertak- ing, or transaction referred to in subsection (2) is treated as if it had been made, taken, or entered into under this Act.
(4) As soon as reasonably practicable after the commencement day, any draft statement of intent and output agreement pre- pared by the establishment board during the transition period must be confirmed and made final in accordance with section 31 or section 40 respectively, as the case may be.
53 Transition from establishment board As soon as reasonably practicable after the commencement day, Te Pūtahi Paoho and the responsible Ministers must appoint the directors of the Service in accordance with sec- tion 19.
Employees 54 (1) On the commencement day, each person employed by, or on behalf of, the establishment Service for the transition period, or who is under contract as an agent of, or consultant to, the es- tablishment Service for the transition period, becomes an em- ployee, agent, or consultant, as the case may be, of the Service.
For the purpose of every enactment, law, determination, con- tract, or agreement relating to the employment of persons by or on behalf of the establishment Service, a person’s agreement or contract of employment must be treated as having been un- broken and the period of employment with the establishment Service must be treated as a period of employment with the Service.
(2) (3) A person who becomes an employee of the Service under this section is not entitled to receive any payment or other benefit by reason only of ceasing to be an employee of the establish- ment Service.

Assets and liabilities of establishment bodies On the commencement day, the assets and liabilities (if any) of the establishment Service and establishment board vest in, and become binding on, the Service.
55 34 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Part 3 s 60 Subpart 3—Review of Act 56 (1) (2) (3) 57 58 59 60 Review of Act The responsible Ministers must, as soon as practicable after the expiry of 5 years from the commencement day,— (a) commence a review of the operation and effectiveness of this Act in accordance with the terms of reference set by the responsible Ministers; and prepare a report on the review undertaken under para- graph (a).
(b) Prior to commencing the review referred to in subsection (1), the responsible Ministers must consult with Te Pūtahi Paoho on the terms of reference for the review.

The responsible Ministers must present a report to the House of Representatives within 6 years of the commencement day, with recommendations for any amendments to this Act.

Subpart 4—Amendments to other Acts Amendment to Ombudsmen Act 1975 Amendment(s) incorporated in the Act(s).
Amendment to Official Information Act 1982 Amendment(s) incorporated in the Act(s).

Amendment to Broadcasting Act 1989 Amendment(s) incorporated in the Act(s).

Amendment to Public Audit Act 2001 Amendment(s) incorporated in the Act(s).
35 Schedule 1 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 1 Schedule 1 Provisions relating to Te Pūtahi Paoho ss 13, 14, 17, 49 Part 1 Organisations that may appoint members of Te Pūtahi Paoho Organisations that may appoint members The following organisations, which have a role in promoting te reo Māori, are each entitled to appoint 1 representative to be a member of Te Pūtahi Paoho: (a) (b) (c) (d) (e) (f) Te Kohanga Reo National Trust: Te Runanganui o Ngā Kura Kaupapa Māori o Aotearoa: Te Tau Ihu o Ngā Wananga: Te Ataarangi Incorporated: Te Whakaruruhau o Ngā Reo Irirangi o Aotearoa: Ngā Aho Whakaari Māori in Film, Video and Television Incorporated: (g) Kawea Te Rongo: (h) New Zealand Māori Council: (i) National Māori Congress: (j) Māori Women’s Welfare League: (k) Ngā Kaiwhakapumau i te Reo Māori.
Part 2 Te Pūtahi Paoho procedures 2 Te Pūtahi Paoho may regulate its own procedure Except as provided in this Act, Te Pūtahi Paoho may regulate its own procedure.

Chairperson and deputy chairperson of Te Pūtahi Paoho Chairperson and deputy chairperson of Te Pūtahi Paoho Te Pūtahi Paoho must elect one of its members as its chairper- son and another member as its deputy chairperson.
The chairperson of Te Pūtahi Paoho (and the deputy chairper- son, when acting as the chairperson) must at all times, act with 3 (1) (2) 36 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 1 Part 2—continued (3) (4) the authority of Te Pūtahi Paoho and in accordance with its di- rections.

The deputy chairperson, when acting as the chairperson, has and may exercise all the powers, and perform the functions and duties, of the chairperson.
If the chairperson or the deputy chairperson vacates office as a member of Te Pūtahi Paoho, or resigns from the office of chairperson or deputy chairperson, as the case may be, Te Pū- tahi Paoho must elect an existing member of Te Pūtahi Paoho to hold the office of chairperson or deputy chairperson, as the case may be.

(5) No person may, at the same time, hold the office of both chair- person and deputy chairperson of Te Pūtahi Paoho.
Conduct of meetings 4 (1) (2) Meetings Te Pūtahi Paoho may hold meetings as necessary for the effi- cient performance of its functions.

The chairperson of Te Pūtahi Paoho must determine the date, time, and place of each meeting of Te Pūtahi Paoho, and must give not less than 7 working days’ written notice to members of— (a) (b) the date, time, and place of the meeting; and the agenda for the meeting.
(3) Notice need not be given under subclause (2)— (a) to a member who for the time being is absent from New Zealand; or in respect of an adjourned meeting.

(b) If all members who are entitled to receive notice give their consent, the requirement to notify a meeting may be waived.

(4) Teleconference meetings 5 (1) A meeting may be conducted by teleconference or by any means of communication that allows the members reasonably to participate in the proceedings.
37 Schedule 1 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 2—continued (2) All the provisions in this Act relating to the meetings of Te Pūtahi Paoho apply to a meeting held in accordance with this clause.
Quorum 6 (1) A quorum for a meeting of Te Pūtahi Paoho is— (a) (b) half the number of members (if Te Pūtahi Paoho has an even number of members) or a majority of the members (if Te Pūtahi Paoho has an odd number of members); but in any case, not less than 6 members.

(2) No business may be transacted at a meeting of Te Pūtahi Paoho at any time when a quorum is not present.

Conduct of meetings 7 (1) At all meetings of Te Pūtahi Paoho, the chairperson must pre- (2) side.
If the chairperson is not present,— (a) (b) the deputy chairperson, if present, must preside; or if the deputy chairperson is not present, the members present must elect one of their number to be the chair- person of the meeting.

(4) (3) A record must be kept in the minute book of all decisions taken and business transacted at every meeting, signed by the chair- person of the meeting.
The signed minutes of the proceedings of a meeting are evi- dence— (a) (b) of the proceedings; and unless the contrary is proved, that the meeting was prop- erly convened and the proceedings were properly con- ducted.

8 (1) Voting Except as provided in subclause (3), each member present has 1 vote.

(2) All questions arising at a meeting must be decided by a major- ity of the votes cast by the members present.
38 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 1 Part 2—continued (3) In the case of an equality of votes, the chairperson or member presiding has a second or casting vote.

(4) A written resolution signed by all the members is effective for all purposes as a resolution passed at a meeting of Te Pūtahi Paoho and may comprise more than 1 copy of the resolution, each signed by 1 or more of the members of Te Pūtahi Paoho.
Vacancies or irregularities in appointment 9 (1) Despite a vacancy in its membership, Te Pūtahi Paoho may (2) (3) 10 perform its functions, provided there is a quorum.

If subclause (1) applies, Te Pūtahi Paoho may, even if the quo- rum is not present, request an organisation listed in clause 1 that has no representative on Te Pūtahi Paoho to appoint a rep- resentative.

The decisions and transactions of Te Pūtahi Paoho are not af- fected if a member’s appointment is defective.
Change in membership of Te Pūtahi Paoho In determining whether to give consent under section 14 to a recommendation of the Minister of Māori Affairs to add the name of an organisation to the list in clause 1, or to remove a name of an organisation from that list, Te Pūtahi Paoho must— (a) make that determination by resolution— (i) (ii) moved by not less than 3 members; and approved by not less than 75% of all members; and be satisfied that an organisation whose name is added to the list is an organisation that has a role in promoting te reo Māori.
(b) Remuneration for members 11 Remuneration for members of Te Pūtahi Paoho The members of Te Pūtahi Paoho are entitled to receive— (a) remuneration determined by the responsible Ministers, in accordance with the fees framework for members of statutory and other bodies; and 39 Schedule 1 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 2—continued (b) payment of reimbursing allowances or actual and rea- sonable expenses incurred in undertaking the functions of Te Pūtahi Paoho.
Funding for Te Pūtahi Paoho Funds for Te Pūtahi Paoho The operating costs of Te Pūtahi Paoho (including the costs in- curred under clause 11 and the costs of administrative support for Te Pūtahi Paoho and the chairperson) must be met from money— (a) appropriated by Parliament for the purposes of this Act; and administered by the chief executive of Te Puni Kōkiri.
(b) Dispute resolution Disputes may be mediated For the purposes of this clause and clauses 14 to 20, the parties are the responsible Ministers and the chairperson of Te Pūtahi Paoho.
This clause and clauses 14 to 20 apply if the responsible Min- isters and the chairperson of Te Pūtahi Paoho are unable to agree in respect of any of the following matters: (a) the persons to be appointed as the chairperson and the deputy chairperson of the board: (b) whether and when to seek information from, and review (c) (d) (e) the performance of, the Service: determination or approval of the remuneration and al- lowances for directors under clause 21 or clause 22 of Schedule 2: finalisation of a statement of intent under section 31: directing amendments to a statement of intent under section 34(1)(a).
In the event of a dispute, either party may give notice that it wishes to submit the dispute to mediation.

Clauses 14 to 20 apply to both parties.


12 13 (1) (2) (3) (4) 40 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 1 14 (1) (2) (3) (4) 15 16 17 Part 2—continued Appointment of mediator If notice is given under clause 13(3), the parties must, within 10 days of notice being given, either— (a) (b) appoint a mediator by agreement; or ask the President of the Arbitrators’ and Mediators’ In- stitute of New Zealand Incorporated to appoint a medi- ator.
If subclause (1)(b) applies, the President of the Arbitrators’ and Mediators’ Institute of New Zealand Incorporated must, as soon as practicable, appoint a mediator.

The person appointed under subclause (1)(a) or subclause (2) must, as soon as reasonably practicable, convene a mediation conference with the parties.

The mediator’s appointment ends if— the parties to the dispute— (a) (i) (ii) the mediator withdraws from the appointment.
resolve it by agreement; or agree to terminate the appointment; or (b) Time and place of mediation conference Every conference organised by a mediator of the parties to a dispute must be held on a day and at a time and place— (a) agreed to in writing by the parties to the dispute and the mediator; or if agreement cannot be reached within 2 working days, fixed by the mediator and notified in writing to the par- ties.
(b) Conference must be held in private Except as provided in clause 18, only the parties to a dispute and the mediator may attend a conference organised by the mediator.
Representatives If satisfied that in all the circumstances it is appropriate to do so, a mediator may allow a representative of each party to a 41 Schedule 1 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 2—continued dispute to attend a conference of the parties organised by the mediator.
18 Right to be heard Each party to a dispute, and every representative of a party allowed by the mediator to attend a conference of the parties organised by a mediator, may be heard at the conference.

Evidence 19 (1) A mediator may hear and take into account any relevant evi- dence or information, whether or not it would be admissible in a court of law.
(2) A mediator may, on his or her own initiative, seek and receive any evidence, and make any investigations and inquiries, that the mediator thinks desirable to resolve a dispute.

(3) No evidence is admissible in a court or before a person act- ing judicially of any statement, information, or admission dis- closed to any person in the course of a mediation conference convened under clause 14(3).
(2) Remuneration of mediator 20 (1) A mediator must be paid remuneration (by way of fees and allowances) as agreed to by the parties to the dispute.
If the parties to a dispute cannot agree on the mediator’s re- muneration, the President of the Arbitrators’ and Mediators’ Institute of New Zealand Incorporated (or a person authorised by the President to do so), as the case may be, must— (a) fix an amount or several amounts that must be paid to the mediator as remuneration; and specify the amount (if any) that each party must pay.
(b) Each party must pay to the mediator the amount fixed by the President (or authorised person) and specified as an amount to be paid by that party.
(3) 42 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 2 Schedule 2 Provisions relating to appointment of directors and terms of holding office on board ss 15, 16, 18 Part 1 Criteria to be taken into account when directors of Service are appointed 1 Criteria for appointment The criteria of governance experience and key competencies that must be taken into account when directors of the Service are appointed include, but are not limited to, the following matters: Governance experience practical or professional commercial or business experi- ence: broadcasting or programme production: Key competencies appreciation of the dual role of the Crown and Māori as stakeholders: understanding of Crown and Māori responsibilities to protect and promote te reo Māori: ability to distinguish corporate governance from man- agement: knowledge of the responsibilities of a director: background in the development and implementation of te reo Māori policy: competency in te reo Māori and knowledge of tikanga Māori: financial literacy: ability to work as a team member and collaboratively: ability to clearly communicate orally and in writing: ability to take a wide perspective on issues: integrity and a strong sense of ethics.
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) 43 Schedule 2 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 2 Further provisions relating to appointments to and procedures of board, and for administration of Service Persons who may be appointed as directors 2 (1) A natural person who is not disqualified by subclause (2) may (2) be a director of the board.
The following persons are disqualified from being a director: (a) (b) a person who is an undischarged bankrupt: a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, or the Securities Act 1978, or the Securities Markets Act 1988, or the Takeovers Act 1993: a person who is subject to a property order made under section 10, section 11, section 12, section 30, or section 31 of the Protection of Personal and Property Rights Act 1988, or whose property is managed by a trustee corporation under section 32 of that Act: a person who has been convicted of an offence punish- able by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon or served the sentence or otherwise suffered the penalty imposed on the person: a person who has failed to disclose all interests in ac- cordance with clause 4(4)(a).
(c) (d) (e) Schedule 2 clause 2(2)(b): substituted, on 25 October 2006, by section 25 of the Securities Amendment Act 2006 (2006 No 46).
Term of appointment of directors Term of appointment of directors 3 (1) A director— (a) holds office for a term not exceeding 3 years, or any shorter term stated in the notice of appointment given under clause 4; and (b) may be reappointed for 1 further term; but 44 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 2 Part 2—continued (2) (c) may not be reappointed for more than 2 continuous terms except with the joint consent of the responsible Ministers and chairperson of Te Pūtahi Paoho.
Subject to clause 11 or clause 12, on the expiry of a term of office, a director continues in office until— the director is reappointed; or (a) the director’s successor is appointed; or (b) the director is informed in writing by the responsible (c) Ministers or the chairperson of Te Pūtahi Paoho, as the case may be, that the director is not to be reappointed and that no successor is to be appointed.

(3) A copy of any notice given under this clause must be provided to the Service.
Method of appointment of directors of board 4 (1) A director is appointed by written notice given by the respon- sible Ministers or Te Pūtahi Paoho, as the case may be.

(2) A copy of the notice of appointment must be provided to the Service by the responsible Ministers or Te Pūtahi Paoho, as the case may be.
(3) A person must not be appointed until the following matters are (4) the date on which the appointment takes effect; and the term of the appointment if for less than 3 years; and the conditions of the appointment.
agreed: (a) (b) (c) Before a person can be appointed, he or she must— (a) disclose to the responsible Ministers or the chairperson of Te Pūtahi Paoho, as the case may be,— (i) (ii) (iii) the interests the person would have to disclose under clause 7 if he or she were a director; and any other interests or relationships that might give rise to those interests; and any other matters that, if they were known or occurred while he or she were a director, would be likely to result in that person’s removal from office under clause 11; and 45 Schedule 2 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 2—continued (b) (c) certify in writing to the responsible Ministers or the chairperson of Te Pūtahi Paoho, as the case may be, that he or she is not disqualified from being a director under clause 2; and accept the appointment in writing to the responsible Ministers or the chairperson of Te Pūtahi Paoho, as the case may be.
(5) The lawful acts of a person as a director are valid, even if— (a) (b) the person’s appointment was defective; or the person was not qualified for appointment.

Appointment of chairperson and deputy chairperson of board Appointment of chairperson and deputy chairperson of board Subject to subclause (2), the responsible Ministers and the chairperson of Te Pūtahi Paoho acting jointly must appoint one of the directors to be the chairperson of the board and one to be the deputy chairperson.
If the person appointed to be the chairperson is— (a) a director appointed by the responsible Ministers, the deputy chairperson must be appointed from among the directors appointed by Te Pūtahi Paoho; or a director appointed by Te Pūtahi Paoho, the deputy chairperson must be appointed from among the direct- ors appointed by the responsible Ministers.
(b) Every person appointed as the chairperson or deputy chairper- son holds that office until the person— (a) (b) dies or resigns from that office; or is removed from that office by the responsible Ministers and the chairperson of Te Pūtahi Paoho acting jointly; or ceases to hold office as a director.
(c) The chairperson or deputy chairperson may resign from the office of chairperson or deputy chairperson, as the case may be, without resigning as a director, by written notice to the re- 5 (1) (2) (3) (4) 46 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 2 Part 2—continued (5) sponsible Ministers and to the chairperson of Te Pūtahi Paoho jointly.
If there is no chairperson or, for any reason, the chairperson is unable to perform his or her functions and duties or to exercise his or her powers as chairperson, the deputy chairperson has all the functions, duties, and powers of the chairperson.
Conflict of interest of directors Meaning of interested 6 (1) A director is interested in a transaction of, or other matter relating to, the Service if the director— (a) is a party to, or will derive a material financial benefit from, the transaction or matter; or has a material financial interest in another party to the transaction, or in a person to whom the matter relates; or is a director, officer, member, or trustee of another party to, or a person who will or may derive a material finan- cial benefit from, the transaction or matter; or is the parent, child, spouse, civil union partner, or de facto partner of another party to, or a person who will or may derive a material financial benefit from, the trans- action or matter; or is otherwise directly or indirectly materially interested in the transaction or matter.
(b) (c) (d) (e) (2) The transactions or matters relevant to subclause (1) include— the performance of a function or exercise of a power by (a) the Service: a negotiation, arrangement, agreement, or contract made or entered into, or proposed to be made or entered into, by the Service.

(b) Schedule 2 clause 6(1)(d): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
47 Schedule 2 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 7 8 9 10 (1) (2) Part 2—continued Obligation to disclose interest A director who is interested in a transaction, or proposed trans- action of, or other matter relating to the Service must disclose the nature of the interest in accordance with clause 8 as soon as practicable after the director becomes aware, or should have been aware, that he or she is interested.
Method of disclosure A director required to disclose an interest under clause 7 must make the disclosure— (a) (b) to the chairperson of the board; and if the director is the chairperson, to the responsible Min- isters and the chairperson of Te Pūtahi Paoho.
Consequences of interest A director who is interested in a transaction or proposed trans- action of, or other matter relating to, the Service— (a) must not vote or take part in any deliberation or deci- sion of the board or any board committee relating to the matter; and (b) must not be counted for the purpose of forming a quo- rum for that part of a meeting of the board or board com- mittee during which a deliberation or decision relating to the matter occurs or is made.
Effect of non-compliance If a director fails to comply with the obligation to disclose an interest under clause 7, the validity of the arrangement, agree- ment, or contract made or entered into by the Service is not affected.
The chairperson of the board must,— (a) as soon as practicable after becoming aware of a failure, report to the responsible Ministers and the chairperson of Te Pūtahi Paoho any failure by directors (including that of the chairperson or the deputy chairperson) to disclose an interest in accordance with this Act; and record any failure in the annual report of the Service.
(b) 48 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 2 Part 2—continued Removal and resignation of directors (2) Removal from office 11 (1) A director may, at any time, be removed from office for any reason by written notice to the director by the responsible Min- isters or by Te Pūtahi Paoho, as the case may be.
The reasons referred to in subclause (1) include (without limi- tation)— (a) the factors relevant to disqualification under clause 2; or 1 or more of the following circumstances: (i) (b) (ii) (iii) (iv) (v) (vi) (vii) the director has brought the Service into disre- pute: the director has failed to comply with directors’ duties under section 20: the director has become a bankrupt: the director has acted with financial impropriety: the director has been unable to perform the func- tions of office: the director has performed the functions of office inadequately: the director has failed to attend 3 consecutive meetings of the board, without giving prior no- tice of his or her inability to attend: (viii) the director has failed to disclose, without reason- able excuse, as soon as possible after the relevant facts become known to the director, an interest in a matter being considered or about to be consid- ered by the board.
(4) (3) Despite subclause (2), a director of the Service or of a sub- sidiary must not be removed for a reason relating to the mat- ters set out in section 10(1)(a) to (d).

Before removing a director from office, the responsible Min- isters or Te Pūtahi Paoho, as the case may be, must give the director a reasonable opportunity to make submissions or be heard on the proposal to remove him or her.

The notice of removal must state the reasons for removal.
(5) 49 Schedule 2 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 2—continued Resignation 12 (1) A director of the board may resign from office by giving writ- ten notice to the responsible Ministers or to Te Pūtahi Paoho, as the case may be.

(2) A copy of the notice referred to in subclause (1) must be pro- vided to the Service.
(3) A resignation is effective on receipt of the notice by the re- sponsible Ministers or Te Pūtahi Paoho, as the case may be, or at a later time, as specified in the notice.

13 14 No entitlement to compensation A director is not entitled to compensation or other payment or benefit if he or she ceases for any reason to hold office as a director.
Vacancies in board’s membership Director ceasing to hold office A director ceases to hold office if that person— (a) (b) (c) resigns in accordance with this Act; or is removed from office in accordance with this Act; or becomes disqualified from being a director under this Act; or otherwise ceases to hold office as a director in accord- ance with any enactment.
(d) 15 (1) Vacancy in membership If a director, for any reason, ceases to hold office, the respon- sible Ministers or Te Pūtahi Paoho, as the case may be, must appoint another person to act as a director.

(2) A director appointed under subclause (1) must be appointed in accordance with this Act, and may be appointed either— (a) for the balance of the term for which the vacating dir- ector was appointed; or for a new term, as provided for under clause 3(1).
(b) 50 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 2 Part 2—continued Procedure for meetings of board 16 17 (1) (2) (3) Procedure generally Except as otherwise provided in this Act, the board may regu- late its own procedures.

Meetings the date, time, and place of each meeting; and the agenda for the meeting.
Times and places of meetings The board or the chairperson must appoint the dates, times, and places for meetings of the board, and give not less than 5 working days’ written notice to directors of— (a) (b) The chairperson of the board must convene a special meeting of the board on receipt of a written request for a special meet- ing signed by at least 4 directors of the board.

The notice provisions of subclause (1) apply to a special meet- ing.
Quorum for board 18 (1) A quorum for a meeting of the board is 5 directors.

(2) No business may be transacted at a meeting of the board at any time when a quorum is not present.

19 (1) (2) (3) Conduct of meetings of board The chairperson must preside at all meetings of the board if he or she is present.
If the chairperson is absent, the deputy chairperson must pre- side, and if the deputy chairperson is also absent,— (a) and another director has been given delegated authority to act as the chairperson, that director must preside; and in any other case, the directors present must elect one of their number to be the chairperson for the meeting.
(b) The person acting under subclause (2)(a), or the person elected under subclause (2)(b), has and may exercise all the powers, duties, and functions of the chairperson for the purposes of the meeting.
51 Schedule 2 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 2—continued (4) The chairperson of the board may permit directors to partici- pate in meetings, or in a particular meeting, by any means of communication that allows the directors reasonably to engage in the proceedings of the meeting.

Voting at meetings 20 (1) Except as provided in subclause (3), each director has 1 vote.
(2) All questions arising at a meeting of the board must be decided by a majority of the votes cast by the directors present.

The director presiding at the meeting has a deliberative vote and, in the case of an equality of votes, also has a casting vote.

(3) Directors’ remuneration and allowances Remuneration 21 (1) A director may not receive payments or fees as an employee of, or consultant for,— (a) (b) the Service; or any related entity.
(2) A director is entitled to receive, from the funds of the Service, remuneration and other benefits for services as a director at a rate and of a kind determined jointly by the responsible Min- isters and the chairperson of Te Pūtahi Paoho in accordance with the appropriate fees framework determined by the Gov- ernment.
Allowances for directors A director is entitled to receive, from the funds of the Service, payment of reimbursing allowances or actual and reasonable expenses incurred in the performance of his or her duties as a director.
Protection from liability for directors and employees Interpretation In clauses 24 and 25,— director includes a former director 22 23 52 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 2 Part 2—continued employee includes a former employee indemnify includes to relieve or excuse from liability, whether before or after the liability arises.
Immunity of directors and employees 24 (1) A director or employee of the Service is not personally li- able— (a) (b) for any liability of the Service by reason only of being a director or employee; or to any person (other than the Service) for any act or omission by him or her in the performance or the in- tended performance of the functions or duties or the ex- ercise or intended exercise of the powers of the Service, unless done in bad faith.
(2) 25 26 (1) The Service is liable for any act or omission for which, but for this section, the director or employee of the Service would have been liable in person.
Indemnity for directors and employees The Service may indemnify a director or employee for costs incurred by him or her in a proceeding— (a) that relates to acts or omissions by him or her in good faith in the performance or intended performance of the functions of the Service; and in which judgment is given in his or her favour or in which he or she is acquitted or that is discontinued.
(b) Delegation by board Ability to delegate Subject to subclause (4), the board may delegate any of the functions, powers, or duties of the Service or the board, either generally or specifically, by resolution and written notice to any of the following persons: (a) (b) (c) a director: the chief executive of the Service: a committee established by resolution of the board.
53 Schedule 2 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 2—continued (2) A committee established for the purposes of subclause (1)— (3) (4) 27 (1) (a) must consist of at least— (i) (ii) 1 director appointed by the responsible Minis- ters; and 1 director appointed by Te Pūtahi Paoho; and (b) may include any other person that the board thinks fit.
The board may delegate the authority of the chairperson to a deputy chairperson for the purpose of clause 19(2)(b).

The board must not delegate— the power to delegate; or (a) the power to acquire or dispose of real property; or (b) the power to appoint a chief executive; or (c) the power to borrow; or (d) any other matter that the responsible Ministers and the (e) chairperson of Te Pūtahi Paoho may stipulate by notice in writing to the board.
Effect of delegation If any function or power of the Service or board are delegated, the delegate— (a) may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the delegate were the Service or the board; and (b) must, for the purpose of performing the delegated func- tion or power, act in accordance with the duties of the board as if the delegate were a director of the board.
(2) A delegation— (a) may be revoked at will by resolution of the board and (b) (c) written notice to the delegate: continues in force according to the terms of the delega- tion until it is revoked; but does not prevent the board from performing the function or exercising the power.
54 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 2 Part 2—continued Provisions relating to information held by or provided to Service 28 (1) Confidentiality, disclosure, and use of information In this section, confidential information means information that the board determines must be treated in confidence.
(2) A director who, in his or her capacity as a director, has con- fidential information that would not otherwise be available to the director must not disclose to any person or use or act on that information except— (a) (b) (c) for the purposes of the Service; or as required or permitted by law; or in complying with the requirement for directors to dis- close interests.

(3) 29 Subclause (2) does not apply if the director is first authorised to disclose, use, or act on information by the board.
Provision of information for purpose of review The Service must, as soon as reasonably practicable, supply in- formation required jointly in writing by the responsible Min- isters and the chairperson of Te Pūtahi Paoho under section 16(2)(b)— (a) relating to the operation and activities of the Service; and that is reasonably required for the exercise of the power under section 16(1)(e).
(b) Reliance on information and advice 30 (1) A director, when acting as a director, may rely on reports, statements, financial data, and other information prepared or supplied, and on professional or expert advice given, by any of the following persons: (a) an employee of the Service whom the director believes on reasonable grounds is reliable and competent in re- lation to the matters concerned; or a professional adviser or expert in relation to matters that the director believes on reasonable grounds are (b) 55 Schedule 2 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 2—continued (c) within the person’s professional or expert competence; or any other director, or a committee, of the board on which the director did not serve in relation to matters within the director’s or committee’s designated author- ity; or the Crown.
(d) Subclause (1) applies to a director only if the director— (a) (b) makes proper inquiry if the need for inquiry is indicated acts in good faith; and by the circumstances; and has no knowledge that the reliance is unwarranted.
(c) Part 3 Financial provisions Bank accounts The Service must have 1 or more bank accounts, as necessary for the exercise of its powers and the performance of its func- tions and duties,— (a) at any registered bank (within the meaning of the Reserve Bank of New Zealand Act 1989); and (b) with the approval of the Minister of Finance, at any bank outside New Zealand.
(2) 31 (1) (2) All money received by the Service, or for or on its behalf by a director of the board or an employee, must be paid into a bank account of the Service as soon as practicable after that money has been received.

The Service must properly authorise the withdrawal or pay- ment of money from or into its bank accounts.
(3) Restrictions on investment of money The Service may invest money that is surplus to its immediate requirements only— (a) on deposit with a registered bank in New Zealand: 32 (1) 56 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 2 Part 3—continued (b) (c) (d) (e) (f) on deposit with a bank outside New Zealand that has been approved by the Minister of Finance for that pur- pose: on deposit with the Crown if approved by the Minister of Finance: in other debt securities issued by a registered bank in New Zealand, or by a bank outside New Zealand that has been approved by the Minister of Finance for that purpose: in public securities: in other securities that have been approved by the Min- ister of Finance for that purpose.
Subclause (1) also applies to money that the Service manages on behalf of a related entity of the Service.
Restrictions on borrowing The Service must not, without the prior written permission of the Minister of Finance and the chairperson of Te Pūtahi Paoho,— (a) (b) (c) (d) (e) (f) borrow or contract to borrow from any person; or amend the terms of any borrowing; or acquire a derivative instrument; or amend the terms of a derivative instrument; or enter into or offer a guarantee; or amend the terms of a guarantee.
(2) 33 Contracting 34 Method of contracting (1) A contract or other enforceable obligation may be entered into by the Service as provided in this clause.

(2) An obligation that, if entered into by an individual, is required to be by deed, may be entered into on behalf of the Service in writing, signed under the name of the Service by— (a) (b) 2 or more of the directors of the board; or 1 or more attorneys appointed by the Service under this clause.
57 Schedule 2 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 3—continued (3) An obligation that, if entered into by an individual, is required to be in writing, may be entered into on behalf of the Service in writing by a person acting under the express or implied au- thority of the Service.
(4) An obligation that, if entered into by an individual, is not re- quired to be in writing, may be entered into on behalf of the Service in writing or orally by a person acting under the ex- press or implied authority of the Service.

The Service may, by an instrument in writing executed as a deed, appoint a person as its attorney, either generally or in relation to a specified matter.

(5) (6) An act of the attorney in accordance with the instrument binds the Service.
This clause applies to a contract or other obligation— (a) whether or not that obligation was entered into in New Zealand; and (b) whether or not the law governing that obligation is the law of New Zealand.

Part 4 Employment provisions Chief executive of Service Appointment of chief executive The board must appoint a chief executive of the Service.

The chief executive must not be a director of the board.
In appointing a chief executive, the board must— (a) (b) act independently; and be satisfied that the proposed appointee has disclosed the interests that he or she would, if he or she were a director, have to disclose at that time under clause 7; and determine the terms and conditions of employment for the chief executive that are not provided for in this Act, including remuneration and allowances.
(c) (7) 35 (1) (2) (3) 58 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 2 Part 4—continued (4) In determining or amending the terms and conditions of em- ployment of the chief executive, the board must— (a) (b) consult with the State Services Commissioner; and consider any recommendations made by the State Ser- vices Commissioner about the terms and conditions of employment; and if the proposed terms and conditions of employment do not comply with the recommendations of the State Ser- vices Commissioner, consult with the responsible Min- isters and the chairperson of Te Pūtahi Paoho.
(c) 36 Role of chief executive The chief executive is responsible to the board for the efficient and effective administration of the day to day operations of the Service, and must act in accordance with the lawful policies and directions of the board.

37 Method of appointment (1) The board must appoint the chief executive by written notice to the person to be appointed.
The notice must— state— (a) (i) (ii) (iii) be given only after the person to be appointed has dis- closed any direct or indirect pecuniary interests to the board.

the date when the appointment begins; and the term of the appointment; and the terms and conditions of employment; and (b) Terms and conditions of employment The chief executive holds office on a full-time basis.

The appointment of the chief executive is for a term of not more than 5 years.
The chief executive is eligible for reappointment, but for no longer than 1 further term of not more than 5 years.

59 (2) 38 (1) (2) (3) Schedule 2 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Part 4—continued (4) 39 (1) The chief executive performs his or her functions subject to the control and direction of the board.
Delegation by chief executive The chief executive may, either specifically or generally, dele- gate in writing to an employee— (a) (b) his or her functions, duties, or powers; and any functions, duties, or powers delegated to the chief executive by the board, subject to the consent of the board.

(2) Clause 27 applies to a delegation by the chief executive.
40 41 Personnel Employment of staff The Service— (a) may employ any persons (including employees on sec- ondment from other organisations) that it considers ne- cessary for the Service to perform its functions; but (b) must act independently in employing and managing em- ployees.
Personnel policy The Service must, if it employs personnel,— (a) (b) be a good employer; and operate a personnel policy that complies with the prin- ciple of being a good employer; and report in the annual report on its compliance with that policy (including its equal employment opportunities programme).
(c) 42 Meaning of good employer (1) For the purposes of clause 41, a good employer is an employer who operates a personnel policy containing provisions gener- ally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including pro- visions requiring— 60 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Schedule 2 Part 4—continued (a) (b) (c) (d) (e) (f) (g) (h) good and safe working conditions; and an equal employment opportunities programme; and the impartial selection of suitably qualified persons for appointment; and recognition of— (i) (ii) (iii) the aims and aspirations of Māori; and the employment requirements of Māori; and the need for involvement of Māori as employees of the Service; and opportunities for the enhancement of the abilities of in- dividual employees; and recognition of the different aims and aspirations, and of the cultural differences that may exist among employ- ees; and recognition of the employment requirements of women; and recognition of the employment requirements of persons with disabilities.
(2) For the purposes of the Act an equal employment opportun- ities programme is a programme aimed at identifying and eliminating all aspects of policies, procedures and other in- stitutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect of the employment of any persons or group of persons.
61 Notes Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003.
The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

How reprints are prepared editorial A number in the preparation of enacting words are of conventions reprints.

not included are For example, in Acts, followed the and 5 Notes 1 2 3 62 Reprinted as at 1 July 2013 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Notes that are repealed or revoked are omitted.
provisions For a detailed list of see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 63 • • • • Notes Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Reprinted as at 1 July 2013 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, List of amendments incorporated in this reprint (most recent first) Criminal Procedure Act 2011 (2011 No 81): section 413 Securities Amendment Act 2006 (2006 No 46): section 25 Relationships (Statutory References) Act 2005 (2005 No 3): section 7 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 5 12 64