Broadcasting Amendment Act 2004

1: Title
1: This Act is the Broadcasting Amendment Act 2004.
2: In this Act, the Broadcasting Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to amend Part 6
4: Interpretation
1: Section 69(1) by-election section 3(1) of the Electoral Act 1993 RNZ TVNZ .
2: Section 69(1) election election
a: means a general election; and
b: includes, in sections 70, 79, 79A, 79C, and 80 .
5: New
section 69A The principal Act is amended by inserting, after section 69
69A: Limited application of this Part to by-elections
1: Sections 70A to 77A
2: If there is any inconsistency between subsection (1) subsection (1)
6: Prohibition on paid election programmes
1: Section 70(2)
a: an opening address or closing address that is broadcast—
i: for a political party or group of related political parties; and
ii: by TVNZ or RNZ during time allocated to that political party or group of related political parties under section 73(1) .
2: Section 70(2)(c) subparagraph (ii)
ii: relating solely to 1 named constituency candidate at an election; and .
3: Section 70
4: For the purposes of subsection (2)(c)(ii) constituency candidate
7: New
section 70B The principal Act is amended by repealing section 70B
70B: Time by which notice must be given
Every notice given under section 70A(3) section 70A(1)
8: Contents of notice
1: Section 70C(d)
2: Section 70C(f) subparagraph (ii)
ii: that the party is intending to apply for registration on the Register of Political Parties in order to be registered at the date of dissolution or expiry of Parliament; and .
3: Section 70C paragraph (g)
g: whether or not the political party intends to submit a list under section 127 of the Electoral Act 1993
9: Persons deemed to be candidates
Section 70D
10: New
sections 71 to 73 The principal Act is amended by repealing sections 71 to 73
71: Opening addresses and closing addresses to be broadcast free
1: TVNZ and RNZ must each provide time, free of charge, for the broadcasting, in an election period, of the opening addresses and closing addresses of political parties.
2: TVNZ must broadcast opening addresses and closing addresses on 1 free-to-air channel with national coverage.
3: RNZ must broadcast opening addresses and closing addresses on the service known as National Radio.
4: Opening addresses and closing addresses must be broadcast in accordance with section 77A
71A: Electoral Commission to ascertain time available for opening addresses and closing addresses
1: During the term of each Parliament, or as soon as practicable after a Parliament is dissolved or expires, the Electoral Commission must require TVNZ and RNZ to supply a statement of the amount of time that each of them will provide, free of charge, for the broadcasting of the opening addresses and closing addresses of political parties at the next election.
2: The statement must be supplied to the Electoral Commission within such reasonable time as the Electoral Commission specifies. The Electoral Commission may at any time shorten or extend that deadline, whether before or after it has expired.
3: A statement provided in accordance with this section—
a: may include proposals for the allocation, to political parties, of the time that will be provided for the broad-casting of opening addresses and closing addresses; and
b: must state any conditions proposed in relation to the scheduling and duration of opening addresses and closing addresses within the time that the broadcaster will provide.
4: In making proposals under subsection (3)(a) section 75
72: Electoral Commission to refer statements to political parties
1: As soon as practicable after receiving statements from TVNZ and RNZ in accordance with section 71A
a: each political party that has given a notice to the Electoral Commission under section 70A(3)
b: the Minister of Justice.
2: The Electoral Commission must ensure, as far as practicable, that each of the intended recipients receives copies of the statements on the same day.
73: Allocation of time to political parties
1: In respect of each election period, the Electoral Commission must allocate to political parties, in such proportions as the Electoral Commission considers appropriate, the time that TVNZ and RNZ have made available for opening addresses and closing addresses in accordance with section 71A
2: In allocating time to political parties under subsection (1)
a: must consider whether any proposals made under section 71A(3)(a)
b: must modify proposals made under section 71A(3)(a) section 75
3: The Electoral Commission must not allocate any time to an individual political party under this section if that political party has received an allocation of time under this section as part of a group of related political parties.
4: This section is subject to sections 75, 75A, and 76
11: Application and payment of allocation
1: Section 74B subsection (2)
2: Every political party to which an amount of money is allocated under section 74A
a: all accounts issued to the political party in respect of the expenditure by that political party of its allocation; and
b: any information in relation to those accounts that the Electoral Commission requires.
2A: No account that is received by the Electoral Commission from a political party after the end of the period specified in subsection (2) section 74A
2: Section 74B
5: An amount of money that has been allocated to a political party under section 74A subsection (4)
12: Criteria in relation to allocation of time and money to political parties
1: Section 75 subsection (1)
1: The Electoral Commission must not allocate any time to a political party under section 73 section 74A
a: that party was registered on the Register of Political Parties at the time of the dissolution of Parliament for the election or, as the case requires, at the time that Parliament expired; and
b: that party has given to the Electoral Commission, in relation to that election, a notice that complies with the requirements of sections 70A(3), 70B, and 70C
2: Section 75(2) paragraph (c)
c: the number of members of Parliament who were members of that political party immediately before the dissolution or expiration of Parliament; and .
3: Section 75(2)(f) subsection (1)(a)(i) subsection (1)
4: Section 75 subsection (3)
3: Despite anything in subsection (1) or subsection (2) section 73 section 74A
13: New
sections 75A 76 The principal Act is amended by repealing sections 75A 76
75A: Consultation with broadcasters
1: The Electoral Commission must not allocate time under section 73 section 74A section 77A(5)(a)
a: the Electoral Commission has—
i: consulted with those broadcasters that are likely to be affected by the allocation or determination; and
ii: provided those broadcasters with the opportunity to give the Electoral Commission their comments on the proposed allocation or determination; and
b: the Electoral Commission has considered those comments (if any).
2: If the Electoral Commission adopts in full, under section 73 section 71A(3)(a) subsection (1)
3: If, after complying with subsection (1)
4: The failure of any broadcaster to make use of the opportunity to consult with, or to give comments to, the Electoral Commission under subsection (1)
a: does not prevent the Commission making—
i: an allocation of time under section 73
ii: an allocation of money under section 74A
iii: a determination under section 77A(5)(a)
b: does not affect the validity of any allocation or determination made under any of those sections.
76: Consultation with political parties
1: The Electoral Commission must comply with subsection (2)
a: before allocating time to a political party under section 73
b: before allocating any money under section 74A
c: before making any determination under section 77A(5)(a)
2: Before doing any of the things referred to in subsection (1) section 70A(3)
3: If, after complying with subsection (2)
4: The failure of any political party to make use of the opportunity to meet with and be heard by the Electoral Commission under subsection (2)
a: does not prevent the Commission making—
i: an allocation of time under section 73
ii: an allocation of money under section 74A
iii: a determination under section 77A(5)(a)
b: does not affect the validity of any allocation or determination made under any of those sections.
14: Power of Electoral Commission to vary allocations
1: Section 76A(1) paragraph (d)
da: the party fails to comply with any conditions imposed by the Electoral Commission under section 74A(2)(b) .
2: Section 76A(1)(f)
3: Section 76A(4) paragraphs (b) (c)
b: the secretary of a political party has failed to submit a list of candidates for election under section 127 of the Electoral Act 1993
15: New
sections 76C to 77A The principal Act is amended by repealing sections 76C to 77A
76C: Procedure in relation to early elections
1: This section applies if, at the time Parliament is dissolved or expires, either—
a: the Electoral Commission has not specified a date under section 70A(1)
b: the Electoral Commission has specified such a date, but that date has not yet passed.
2: If this section applies,—
a: this Part applies subject to the modifications specified in section 76D
b: any notice given by the Electoral Commission under section 70A(1)
76D: Modifications to application of this Part if
section 76C
1: At the earliest available opportunity, the Electoral Commission must specify, by notice in the Gazette section 73 section 74A
2: Each political party that considers it will qualify for an allocation of time under section 73 section 74A
3: For the purposes of subsection (2) section 75(1) section 73 section 74A
a: that party was registered on the Register of Political Parties at the time of the dissolution of Parliament for the election or, as the case requires, at the time that Parliament expired; and
b: no later than the date specified under subsection (1) subsection (4)
4: The requirements referred to in subsection (3)(b)
a: the notice must comply with the requirements of subsection (2)
b: the notice must comply with the requirements of paragraphs (a), (b), (c), (e), and (g) of section 70C
5: The Electoral Commission may set, for the consultation required under section 75A(1)(a)
6: The Electoral Commission may require any political party that wishes to make use of the opportunity to meet with and be heard by the Electoral Commission under section 76(2)
77: Broadcasting of opening addresses and closing addresses
1: TVNZ and RNZ must act in accordance with the allocations of time under section 73
2: Subsection (3)
a: any broadcaster and any political party; or
b: any broadcaster and any other broadcaster; or
c: any political party and any other political party.
3: If there is a dispute,—
a: the Electoral Commission is to decide the matter in dispute; and
b: the Electoral Commission's decision is final.
77A: Opening addresses and closing addresses
1: Opening addresses and closing addresses for which time has been allocated to political parties under section 73
2: All closing addresses must be broadcast on the same night in the last week of the election period.
3: An advertising programme must not be broadcast—
a: during an opening address:
b: during a closing address:
c: between different closing addresses.
4: An election programme that is not an opening address or a closing address must not be broadcast—
a: during an opening address:
b: between different opening addresses that are broadcast on the same night:
c: during a closing address:
d: between different closing addresses.
5: The Electoral Commission must—
a: determine each amount to be paid to TVNZ or RNZ on account of the production costs of every opening address and every closing address broadcast under section 71
b: pay that amount to the person who issued the account for the production costs of the opening address or closing address.
6: Each amount paid under subsection (5)(b) section 74(2) section 74(1)
16: Obligation to give identical terms to each political party or candidate
Section 79B(1) , whether by way of a reply under section 71A of this Act
17: New
sections 79C 79D The principal Act is amended by repealing section 79C
79C: Returns in relation to broadcasting time
1: After each election, every broadcaster must give the Electoral Commission a complete and accurate written statement of the election programmes broadcast by that broadcaster during the 3-month period immediately preceding polling day for the election.
2: The statement must be given to the Electoral Commission no later than 10 working days after the end of the month in which the election was held.
3: The statement must set out the following information in relation to each election programme:
a: the candidate or political party for whom the election programme was broadcast:
b: the length of the election programme and the time at which it was broadcast:
c: the date on which the election programme was broadcast:
d: the amount paid for the broadcasting of the election programme, and the rate or rates by which that amount was fixed.
4: The statement must be signed by or on behalf of the broadcaster.
79D: Returns to be available for public inspection
The Electoral Commission must, not later than 3 working days after it receives a statement under section 79C
18: Offences
Section 80(a) or section 77(2)
19: New
section 80A The principal Act is amended by inserting, after section 80
80A: Duty to report suspected offences
Where the Electoral Commission believes that any person has committed an offence against section 80