Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698752617491.pdf (New Zealand)
Broadcasting Amendment Bill Government Bill Explanatory note General policy statement This Bill gives effect to the Government’s decision to enable the the Broadcasting Commission broadcasting funding agencies, (known as NZ On Air) and Te Reo Whakapuaki Irirangi (known as Te Māngai Pāho), to be able to support the production, transmission, and archiving of digital content with the development of digital broadcasting in New Zealand and internationally.
This Bill amends the Broadcasting Act 1989 (the Act) to enable the broadcasting funding agencies to fund some types of content, archiv­ ing, and transmission likely to be integral to digital radio and televi­ sion platforms.

The Bill allows the broadcasting funding agencies to fund these types of activities to supplement and enhance delivery of their primary functions.
These amendments will permit the broadcasting funding agencies to fund such developments as video­on­demand, interactivity between broadcaster and audience, and the reversioning of content for non­ broadcast platforms (such as the Internet or mobile phones).

The Bill also amends Te Reo Whakapuaki Irirangi’s primary function by adding the archiving of Māori language and culture programmes to those matters that Te Reo Whakapuaki Irirangi may fund.

The Bill also repeals provisions of the Act that are spent.
Part 2 of the Bill also makes miscellaneous style amendments.

149—1 2 Broadcasting Amendment Bill Explanatory note Clause by clause analysis Clause 1 relates to the Title.

Clause 2 relates to commencement.

Clause 3 provides that the principal Act amended is the Broadcasting Act 1989.

Part 1 Amendments to Broadcasting Act 1989 Clause 4 relates to interpretation.

Clause 5 amends section 36, which concerns the functions of the Commission.
The amendments provide that the Commission may make funds available for transmitting on demand, producing content for transmitting on demand, and archiving content.

Clause 6 amends section 37, which concerns the promotion of New Zealand content in programming.

The amendments provide for the promotion of content reﬂecting New Zealand identity and culture by broadcasters and persons who transmit on demand.
Clause 7 amends section 39, which concerns matters to be taken into account in relation to funding proposals.

The amendments accom­ modate proposals for content that would be transmitted on demand.

Clause 8 amends section 40, which concerns requirements in relation to standards.

The amendments require content to be consistent with the speciﬁed standards.

Clause 9 amends section 44, which requires the Commission to have regard to Government policy.
The amendments provide that no re­ sponsible Minister may give a direction in respect of content.

Clause 10 substitutes a new section 53B, which concerns the func­ tion of Te Reo Whakapuaki Irirangi.

The new section provides that Te Reo Whakapuaki Irirangi may make funds available for transmit­ ting on demand, producing content for transmitting on demand, and archiving content.

Clause 11 amends section 53C, which concerns consultation.

The amendments account for persons who transmit on demand.
Clause 12 amends section 53E, which concerns the matters to be taken into account in relation to funding proposals (in relation to Te Reo Whakapuaki Irirangi).

The amendments accommodate propos­ als for content that would be transmitted on demand.

Explanatory note Broadcasting Amendment Bill 3 Clause 13 amends section 53S, which requires Te Reo Whakapuaki Irirangi to have regard to Government policy.

The amendments pro­ vide that the Minister may not give a direction in respect of content.
Part 2 Miscellaneous Clause 14 provides that the Broadcasting Act 1989 is amended in the manner speciﬁed in the Schedule.

The amendments are stylistic in character.

Clause 15 repeals a number of spent provisions in the Broadcasting Act 1989.

Clause 16 sets out a remedial technical amendment to the item in Schedule 1 of the Television New Zealand Act 2003 that amends the Broadcasting Act 1989.

The amendment changes “preamble” to “Long Title”.
Hon Steve Maharey Broadcasting Amendment Bill Government Bill Contents Title Commencement Principal Act amended Part 1 Amendments to Broadcasting Act 1989 Interpretation Functions of Commission Promotion of New Zealand content in programming Matters to be taken into account in relation to funding proposals Requirements in relation to standards Commission to have regard to Government policy New section 53B substituted 53B Consultation Matters to be taken into account in relation to funding proposals Te Reo Whakapuaki Irirangi to have regard to Government policy Functions of Te Reo Whakapuaki Irirangi Part 2 Miscellaneous Stylistic amendments to Broadcasting Act 1989 Spent sections of Broadcasting Act 1989 repealed 149—1 Page 2 2 2 2 2 3 3 4 4 4 4 5 5 6 6 6 1 cl 1 16 Broadcasting Amendment Bill Remedial technical amendment to Television New Zealand Act 2003 Schedule Stylistic amendments to Broadcasting Act 1989 6 7 The Parliament of New Zealand enacts as follows: Title This Act is the Broadcasting Amendment Act 2007.
Commencement This Act comes into force on the day after the date on which 5 it receives the Royal assent.

Principal Act amended This Act amends the Broadcasting Act 1989.
Part 1 Amendments to Broadcasting Act 1989 Interpretation Section 2(1) is amended by inserting the following deﬁnitions in their appropriate alphabetical order: “content, in relation to transmitting on demand, means— “(a) “(b) visual images that consist predominantly of alphanu­ programmes: meric text and software intended to— inform, enlighten, or entertain; or “(i) “(ii) promote the interests of any person; or “(iii) promote any product or service “transmit on demand means the transmission of content, by any means, made on the demand of a particular person for reception by that person”.
10 15 20 Functions of Commission Section 36 is amended by omitting “The functions” and sub­ 25 stituting “The primary functions”.
(1) 2 Broadcasting Amendment Bill Part 1 cl 7 (2) Section 36 is amended by adding the following subsection as subsection (2): “(2) The Commission may also make funds available (on the terms and conditions that it thinks ﬁt and, as far as practicable, in a manner consistent with its primary functions) for— “(a) “(b) producing content for transmitting on demand; and “(c) transmitting on demand; and archiving content.” 5 6 (1) (2) (3) (4) 7 (1) (2) Promotion of New Zealand content in programming Section 37 is amended by omitting “section 36(a)” and substi­ 10 36(2)(a) andandand (b)(b)(b)”.
tuting “sections 36(1)(a) and 36(2)(a) 36(2)(a) Section 37 is amended by inserting the following subpara­ graph after paragraph (a)(i): “(ia) persons who have an interest in transmitting on demand in New Zealand and the production of 15 content in New Zealand; and”.

Section 37(a)(ii) is amended by inserting “and transmitting on demand” after “broadcasting”.
Section 37 is amended by repealing paragraph (b) and substi­ tuting the following paragraph: “(b) promote, in its funding of the production of programmes and content, a sustained commitment by— “(i) television and radio broadcasters to program­ ming reﬂecting New Zealand identity and cul­ ture; and “(ii) persons who transmit on demand content reﬂect­ ing New Zealand identity and culture; and”.
20 25 Matters to be taken into account in relation to funding proposals Section 39 is amended by omitting “broadcasting or for the 30 production of a programme or programmes to be broadcast, shall” and substituting “broadcasting or transmitting on de­ mand, or for the production of any programme to be broadcast or content to be transmitted on demand, must”.

Section 39(d) is amended by omitting “a programme or pro­ 35 grammes” and substituting “any programme or content”.
3 Part 1 cl 8 Broadcasting Amendment Bill (3) (4) (5) (6) 8 (1) (2) 9 (1) (2) Section 39(d) is amended by omitting “proposed programme or programmes” and substituting “proposed programme or content”.

Section 39(d)(i) is amended by omitting “paragraphs (a) and (c) of section 36 of this Act” and substituting “section 36(1)(a) 5 and (c) and (2)(b) (2)(b)”.

(2)(b) Section 39(d)(ii) is amended by inserting “and content” after “programmes”.
Section 39 is amended by repealing paragraph (e) and substi­ tuting the following paragraph: “(e) in the case of a proposal for the production of any pro­ gramme or content, the likelihood that the proposed pro­ gramme or content, if produced, would be broadcast or transmitted on demand.” 10 Requirements in relation to standards Section 40 is amended by omitting “a programme or pro­ grammes” and substituting “any programme or content for broadcast”.
Section 40 is amended by omitting “the programme or pro­ grammes,” and substituting “the programme or content”.

15 20 Commission to have regard to Government policy Section 44(2) is amended by repealing paragraph (a) and sub­ stituting the following paragraph: “(a) Section 44(2)(b) is amended by omitting “current affairs pro­ 25 grammes” and substituting “any current affairs programme or content”.
any programme or content; or” 10 New section 53B substituted Section 53B is repealed and the following section substituted: “53B Functions of Te Reo Whakapuaki Irirangi “(1) The primary function of Te Reo Whakapuaki Irirangi is to promote Māori language and Māori culture by making funds available, on the terms and conditions that it thinks ﬁt, for— “(a) “(b) producing programmes for broadcasting; and broadcasting; and 30 35 4 Broadcasting Amendment Bill Part 1 cl 12 “(c) archiving programmes.
“(2) Te Reo Whakapuaki Irirangi may also make funds available (on the terms and conditions that it thinks ﬁt and, as far as practicable, in a manner consistent with its primary function) for— “(a) “(b) producing content for transmitting on demand; and “(c) transmitting on demand; and archiving content.” 5 11 (1) (2) Consultation Section 53C is amended by omitting “function” and substitut­ 10 ing “functions”.

Section 53C is amended by inserting “persons who transmit on demand,” after “broadcasters,”.
12 Matters to be taken into account in relation to funding (1) (2) (3) proposals Section 53E is amended by omitting “broadcasting or for the production of a programme or programmes to be broadcast, shall” and substituting “broadcasting or transmitting on de­ mand, or the production of any programme to be broadcast or content to be transmitted on demand, must”.
Section 53E is amended by repealing paragraph (d) and sub­ stituting the following paragraph: “(d) in the case of a proposal for the production of any programme or content, the extent to which the pro­ posed programme or content would contribute to Te 25 Reo Whakapuaki Irirangi fulﬁlling its functions under section 53B; and”.
15 20 Section 53E is amended by repealing paragraph (e) and sub­ stituting the following paragraph: “(e) in the case of a proposal for the production of any pro­ 30 gramme or content, the likelihood that the proposed pro­ gramme or content, if produced, would be broadcast or transmitted on demand; and”.
5 Part 1 cl 13 Broadcasting Amendment Bill Te Reo Whakapuaki Irirangi to have regard to Government policy Section 53S(2) is amended by repealing paragraph (a) and sub­ stituting the following paragraph: “(a) Section 53S(2)(b) is amended by omitting “current affairs pro­ grammes” and substituting “any current affairs programme or content”.

any programme or content; or”.

Part 2 Miscellaneous Stylistic amendments to Broadcasting Act 1989 The Broadcasting Act 1989 is amended in the manner speci­ hedule.
ﬁed in the ScScSchedule hedule 5 10 Spent sections of Broadcasting Act 1989 repealed The following spent sections of the Broadcasting Act 1989 are 15 repealed: (a) section 92 (transitional provision in relation to broad­ casting station levies); and section 93 (transitional provision in relation to Broad­ casting Tribunal); and section 94 (transitional provision in relation to appeals under the Broadcasting Act 1976); and section 95 (transitional provision in relation to radio ap­ paratus licences); and section 96 (ﬁnal report of Broadcasting Tribunal).
20 25 (b) (c) (d) (e) Remedial technical amendment to Television New Zealand Act 2003 This section amends the Television New Zealand Act 2003.

The item relating to the Broadcasting Act 1989 in Schedule 1 is amended by omitting “Preamble” and substituting “Long 30 Title”.

13 (1) (2) 14 15 16 (1) (2) 6 Broadcasting Amendment Bill Schedule Schedule Stylistic amendments to Broadcasting Act 1989 sss 141414 Section 4(1) Omit “which” and substitute “that”.
5 Section 6(1)(ba) Omit “seconds” and substitute “seconds’”.

Section 13(1)(a) Omit “which” in each place where it appears and substitute “that” in each case.

10 Section 16(2) Omit “unless—” and substitute “unless,—”.

Section 21(2) Omit “subject­matter” and substitute “subject matter”.

Section 28(1) Omit “which was” and substitute “that was”.

Heading to section 70C Omit “Contents” and substitute “Particulars”.

Section 70C(e) Omit “which” and substitute “that”.


Section 71(4) Omit “77A,” and substitute “77A”.

Section 76B(1) Omit “section 74A of this Act” and substitute “section 74A”.

15 20 7 Schedule Broadcasting Amendment Bill Section 76B(1) Omit “section 76A of this Act” and substitute “section 76A,”.

12 8 Wellington, New Zealand: Published under the authority of the New Zealand Government—2007