Coleman Jonathan: Television New Zealand Amendment Bill — Third Reading 
Coleman Jonathan: Television New Zealand Amendment Bill — Third Reading 
[Volume:674;Page:20002] 
Hon Dr JONATHAN COLEMAN (Minister of Broadcasting) 
: 
 I move  
That the Television New Zealand Amendment Bill be now read a third time 
. The Government’s pre-election manifesto included a commitment to provide certainty to our public broadcasters. To do this we had to address the outmoded provisions in the Television New Zealand (TVNZ) legislation and put in place a new mandate for TVNZ’s operations in the 21st century. This bill amends the Television New Zealand Act 2003 in line with this Government’s wish to replace the current TVNZ charter with a less prescriptive list of functions and to leave TVNZ to concentrate on being a successful television broadcaster without the shackle of an unrealistic dual mandate. 
The other core purpose of the bill is to amend the Act to allow the rescreening of TVNZ’s archived pre-1989 television programmes and to provide a process for compensatory payments to individuals with an interest in the works when the archived programmes are rescreened. This bill recognises that TVNZ is now operating as a multimedia company delivering content to mainstream and niche audiences. The bill also future-proofs TVNZ’s ability to use new media platforms to display content. 
The Government’s expectations of TVNZ are set out in Part 1 of the bill replacing a lengthy list of charter obligations as outlined in section 12 of the Act. Tinkering with the charter during the 2007-08 review tightened up the wording but did not address the central problem that TVNZ cannot meet the requirements in section 12 to give effect to its charter and to maintain its commercial performance. The dual mandate had to go. 
This bill provides a realistic framework within which TVNZ will operate. The reality is that for many many years TVNZ has been predominantly commercially funded—well over 90 percent of its income is from commercial revenue. That was the case under the last Government as well. Members will be well aware that TVNZ’s charter was not workable for a commercial broadcaster. As a result there was not a real point of difference for TVNZ’s programming and charter funding was sometimes used in ways not intended when the charter was first enacted in 2003. Removing the charter is being honest and not trying to pretend that TVNZ is something it plainly is not. The real test is to look at what difference there is between TVNZ’s viewing schedule prior to the charter and during it. The answer is that there is none. 
Clause 6 of this bill therefore replaces the charter with a clear achievable set of functions for TVNZ. These are “to be a successful national television and digital media company providing a range of content and services on a choice of delivery platforms and maintaining its commercial performance.” to “provide high-quality content that—(a) is relevant to and enjoyed and valued by New Zealand audiences; and (b) encompasses both New Zealand and international content and reflects Maori perspectives.” and to “include the provision of channels that are free of charge and available to audiences throughout New Zealand.” 
The bill gives TVNZ the flexibility it needs to set its own priorities and compete in a highly competitive and diverse media market without the encumbrance of an unrealistic charter. TVNZ’s challenge is to deliver content that New Zealanders want to see or as the bill puts it content that is “enjoyed and valued by New Zealand audiences”. TVNZ already delivers on that provision. Its programmes dominate the ratings. New Zealanders clearly want to see New Zealand content and this Government is continuing to fund that content through NZ On Air. Our policy is to support the production of content rather than channels or platforms for delivery because one broadcaster does not have a monopoly on good ideas. Rather than ring-fencing funding for TVNZ programmes we allow TVNZ to compete along with other broadcasters for NZ On Air funding. We thereby make sure that only the best projects make it to our screens. 
The Maori Party had concerns that with the removal of the charter TVNZ will not meet its obligation to promote Maori language and culture. The Maori Party referred to the Privy Council findings in the 1993 New Zealand Maori Council case that the Government has a legal obligation to promote Maori language and culture. This Government is very aware of its obligations. We support those initiatives that promote Maori language and culture including the establishment of Te Mangai Paho and the Maori Television Service. NZ On Air also has a specific statutory mandate to address Maori interests. The new functions in the bill also explicitly require TVNZ to provide high-quality content that reflects Maori perspectives. 
The second part of this bill introduces a new scheme to free up for rescreening publicly funded archive material in TVNZ’s archive. TVNZ’s archive has an extensive collection of New Zealand audiovisual material and is an important part of New Zealand’s cultural heritage. It is in the public interest to make that material available. Currently a significant number of programmes are effectively locked up in that archive unable to be screened because of the multiple rights attached to the works which would require clearance. This bill provides a means to resolve the issue of rights clearance. The scheme balances public-good objectives of making these works available for current and future generations to see with the rights of those who were contracted to work on those programmes. 
The bill imposes certain conditions on the use of the archived material. Only material for which TVNZ holds sole copyright will be screened. Co-productions cannot be included. Employees of the Broadcasting Corporation of New Zealand or its predecessors will not be able to seek payment for rescreening of archived work. The material must be screened free of charge to the viewer on TVNZ channels on the TVNZ Ondemand internet site or on any other platform that TVNZ chooses. The material must be screened outside prime-time hours on TVNZ’s main commercial channels and must not be subject to a licence sold for profit by TVNZ though the recovery of reasonable costs will be permitted. 
The Maori Television Service currently has arrangements with TVNZ regarding the use of material held in the archive. I am aware of how invaluable this material has been for Maori Television. Section 29C inserted by clause 10 permits TVNZ to make archived works covered by the scheme available to the Maori Television Service. It does not in any way supersede the existing arrangements between TVNZ and Maori Television in respect of wider access to material in the TVNZ archive. Similarly TVNZ will be able to enter into an arrangement with New Zealand On Screen in respect of a work previously screened by TVNZ or Maori Television. 
I know of course that the Opposition has made a number of statements about broadcasting. Whereas we have laid out very clearly and unambiguously our view that we will fund programmes and not bureaucracies Labour has made a number of undertakings in the past few days yet only yesterday Labour was calling for a public service television channel. I am looking forward tonight to Labour speakers confirming that indeed should Labour become the Government it will be finding at least $15 million per annum to fund that channel. 
As the Minister of Broadcasting it is great for me to see this legislation pass. It ushers in a new era for TVNZ and allows our State broadcaster to operate effectively in today’s fast-moving media environment. This bill removes the confusing and conflicting goals that have hampered TVNZ in recent years. It sets the company on a new course with a clear direction for its operations and a mandate to provide added value for publicly funded works. It is a very positive development for TVNZ. I commend this bill to the House.