Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003

1: Title
1: This Act is the Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003.
2: This Act may be cited as either—
a: the Māori Television Service Act 2003; or
b: Te Aratuku Whakaata Irirangi Māori Act 2003.
1: Preliminary provisions and provisions relating to establishment of Māori Television Service and functions, etc, of Service and Te Mātāwai
Part 1 heading replaced 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
In recognition that the Crown and Māori together have an obligation 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 of the Service and the functions, duties, and powers of the Service and Te Mātāwai:
b: 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
c: the transfer of spectrum management rights to Te Mātāwai
ca: the management of the transferred spectrum management rights and related spectrum licences in a manner that ensures that the Service has the opportunity to establish a free-to-air digital terrestrial television network for the purpose of performing its functions:
d: the framework of accountability for the Service:
e: the termination of Te Reo Māori Television Trust (Te Awhiorangi):
f: the transfer to the Service of the establishment arrangements undertaken during the transition period. Section 3(a) replaced 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 3(b) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 3(c) replaced 28 November 2013 section 4(2) Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 3(c) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 3(ca) inserted 28 November 2013 section 4(2) Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013
4: Act binds the Crown
This Act binds the Crown.
5: Outline of Act
1: This section is a guide to the general scheme and effect of this Act.
2: Part 1
a: subpart 1
b: subpart 2
c: subpart 3
3: Part 2 5 subparts
a: subpart 1
b: subpart 2 Te Mātāwai ngā tikanga Māori
ba: subpart 2A
i: the transfer of the spectrum management rights by the Crown to Te Mātāwai
ii: the use and exercise of those rights; and
iii: the issuing of spectrum licences to the Service for the purpose of establishing a digital terrestrial television network to protect and promote te reo Māori me ngā tikanga Māori
iv: the issuing of spectrum licences to licensees other than the Service:
c: subpart 3
d: subpart 4
4: Part 3
a: subpart 1
b: subpart 2
c: subpart 3
d: subpart 4 Ombudsmen Act 1975 Official Information Act 1982 Broadcasting Act 1989 Public Audit Act 2001
5: There are 2 schedules, as follows:
a: Schedule 1
b: Schedule 2
i: in Part 1
ii: in Part 2
iii: in Part 3
iv: in Part 4 Section 5(2)﻿(c) replaced 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 5(3) amended 28 November 2013 section 5(1) Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 5(3)﻿(b) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 5(3)﻿(ba) inserted 28 November 2013 section 5(3) Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 5(3)﻿(ba)﻿(i) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 5(3)﻿(ba)﻿(iii) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 5(5)﻿(a) replaced 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
6: Interpretation
In this Act, unless the context otherwise requires,— annual report section 41 board broadcasting section 2(1) broadcast commencement day delivery platform digital terrestrial television network director financial year ngā tikanga Māori output agreement section 37 prime time section 29(1)﻿(g) related entity section 45 responsible Ministers Service section 7 statement of intent section 27 subsidiary section 5 Te Mātāwai section 17 te reo Māori UHF right Radiocommunications Act 1989
a: for a 32 MHz range of frequencies within the limits of 494 and 806 MHz; and
b: for an overall period of 10 years from the date when that right is transferred to the Service under section 21 Section 6 broadcasting inserted 28 November 2013 section 6 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 6 delivery platform inserted 28 November 2013 section 6 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 6 digital terrestrial television network inserted 28 November 2013 section 6 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 6 ōna tikanga repealed 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 6 subsidiary replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 6 Te Mātāwai inserted 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 6 Te Pūtahi Paoho repealed 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
2: Māori Television Service
Establishment of Māori Television Service
7: Establishment of Service
1: This section establishes the Māori Television Service.
2: The Service is a body corporate with perpetual succession.
3: The governing body of the Service is the board of directors, consisting of 7 directors appointed in accordance with section 19 Key provisions about Māori Television Service
8: Functions of Service
1: The principal function of the Service is to contribute to the protection and promotion of te reo Māori me ngā tikanga Māori
2: The Service must also—
a: ensure that during prime time it broadcasts mainly in te reo Māori; and
b: ensure that at other times it broadcasts a substantial proportion of its programmes in te reo Māori; and
c: ensure that, in its programming, the Service has regard to the needs and preferences of—
i: young people; and
ii: children participating in te reo Māori immersion education; and
iii: all persons learning te reo Māori; and
iv: persons whose first language is te reo Māori and persons with a high level of proficiency in te reo Māori; and
d: provide broadcast services that are technically available throughout New Zealand and practicably accessible to as many people as is reasonably possible.
3: The Service may undertake other functions that contribute to the protection and promotion of te reo Māori.
4: In performing its functions, the Service may provide a range of content and services on a choice of delivery platforms. Section 8 replaced 28 November 2013 section 7 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 8(1) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
9: Powers of Service
1: 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
b: for the purposes of paragraph (a), has full rights, powers, and privileges.
2: Subsection (1) applies subject to—
a: the provisions of this Act and any other enactment; and
b: the general law.
10: Independence of Service
1: 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 Mātāwai Te Mātāwai
a: a particular programme:
b: a particular allegation or complaint relating to a particular programme:
c: the gathering or presentation of news or the preparation or presentation of current affairs programmes:
d: programme standards.
2: The other provisions of this Act apply subject to subsection (1). Section 10(1) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
11: Protection of names
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: Te Aratuku Whakaata Irirangi Māori:
c: any other name that so resembles the names in paragraph (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: under a name listed in subsection (1)﻿(a) or (b); or
b: under a name, knowing that it so resembles a name listed in subsection (1)﻿(a) or (b) as to be likely to mislead a person.
3: A person who breaches subsection (2) commits an offence and is liable on Section 11(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
3: Te Mātāwai Subpart 3 heading amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
12: Establishment
Section 12 repealed 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
13: Membership of Te Pūtahi Paoho
Section 13 repealed 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
14: Change in composition of Te Pūtahi Paoho
Section 14 repealed 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
15: Functions of
Te Mātāwai The functions of Te Mātāwai
a: to appoint 4 of the 7 directors of the Service in accordance with section 19(a) clause 11
b: to provide direction to the chairperson of Te Mātāwai section 16
c:
d: to receive the accountability documents prepared by the board under subpart 3
e: to safeguard the UHF right in accordance with section 23
f: to manage spectrum management rights in accordance with subpart 2A Section 15 heading amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 15 amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 15(b) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 15(c) repealed 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 15(e) replaced 28 November 2013 section 8 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 15(f) inserted 28 November 2013 section 8 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013
16: Joint responsibilities of responsible Ministers and chairperson of
Te Mātāwai
1: The responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai, acting jointly,—
a: must appoint one director to be the chairperson of the board and another director to be the deputy chairperson, in accordance with clause 5
b: must determine the remuneration and other benefits for—
i: the board in accordance with clauses 21 22
ii: the governing body of a subsidiary of the Service in accordance with section 47
c: must approve the statement of intent prepared by the board under subpart 3
d: may direct the board to amend the statement of intent in respect of 1 or more specified items in accordance with section 34
e: subject to subsection (2), may review the performance of the Service; and
f: may consent to the reappointment of a director for more than 2 terms, in accordance with clause 3(1)
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 Mātāwai
a: must give notice in writing to the Service of their intention to conduct a review; and
b: may require any information from the Service relating to its operation and activities that is relevant to that review.
3: Clause 29 Section 16 heading amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 16(1) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 16(2) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Dispute resolution
17: Resolution of disagreement between the responsible Ministers and the chairperson of
Te Mātāwai
1: If the responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai, section 16 clauses 13 14
2: Clauses 15 to 20 Section 17 heading amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 17(1) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
2: Key provisions relating to appointment and duties of directors, transfer of
spectrum management rights Part 2 heading amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
1: Key provisions about board of directors
Board is governing body of Service
18: Governing body of Service
1: The board has authority, subject to this Act, to exercise the powers and perform the functions of the Service.
2: The board must supervise or direct the management of the affairs of the Service in accordance with the statement of intent to achieve the purpose of this Act.
3: The board has all the powers necessary for carrying out its functions and duties under this Act.
4: Schedule 2 Appointment of board of directors
19: Appointment of directors
1: The board must consist of 7 directors appointed as follows:
a: 4 directors appointed by Te Mātāwai
b: 3 directors appointed by the responsible Ministers.
2: In making their respective appointments under this section, the responsible Ministers and Te Mātāwai
3: The skills and experience referred to in subsection (2) include (but are not limited to) the criteria set out in Part 1 Section 19(1)﻿(a) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 19(2) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Duties of directors
20: Duties of directors
A director of the board, when acting as a director, and the board acting collectively must—
a: act in good faith, honestly, and with integrity; and
b: not contravene, or cause the Service to contravene, this Act; and
c: act with the care, diligence, and skill that a reasonable director would exercise in the same circumstances, taking into account, without limitation,—
i: the nature of the activities of the Service; and
ii: the nature of the action or decision taken by the director; and
iii: the position of the director and the nature of the responsibilities undertaken by him or her; and
d: act in accordance with clause 7
e: not act as a representative of, or promote the views of, any particular person, organisation, or political party; and
f: ensure that the Service—
i: acts within its statutory functions; and
ii: acts in accordance with the statement of intent and the output agreement; and
iii: performs its functions and conducts its activities effectively, efficiently, and in a financially prudent manner, which includes, without limitation, endeavouring to—
A: prudently manage the assets and liabilities of the Service:
B: maintain the long-term financial viability of the Service:
C: cover the annual costs of the Service from the net annual income:
D: act as a successful going concern.
2: Provisions relating to UHF right
Subpart 2 repealed 1 December 2013 section 20A
20A: Expiry of subpart 2
2013-12-01 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 See section 20A above for repeal of subpart 2 Section 20A repealed 1 December 2013 section 20A Transfer of UHF right to Service Heading repealed 1 December 2013 section 20A
21: Transfer of UHF right from Crown to Service
Section 21 repealed 1 December 2013 section 20A
22: Use of UHF right by Service
Section 22 repealed 1 December 2013 section 20A
23: Transfer of UHF right and spectrum licences by Service
Section 23 repealed 1 December 2013 section 20A
24: Role of Te Pūtahi Paoho in relation to UHF right
Section 24 repealed 1 December 2013 section 20A
2A: Provisions relating to spectrum management rights
Subpart 2A inserted 28 November 2013 section 10 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Transfer of spectrum management rights to Te Pūtahi Paoho Heading repealed 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
24A: Interpretation
In this subpart, unless the context otherwise requires,— manager Te Mātāwai Secretary for Radiocommunications Radiocommunications Act 1989 spectrum licence section 48(1) spectrum management rights Section 24A inserted 28 November 2013 section 10 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 24A manager amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 24A spectrum management rights replaced 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
24B: Terms and conditions for exercise of spectrum management rights
1: The terms and conditions under which Te Mātāwai must manage the spectrum management rights must be set out in a deed executed by the responsible Ministers.
2: The deed may be modified by written agreement between the responsible Ministers, on behalf of the Crown, and Te Mātāwai.
3: The responsible Ministers must consult the Minister responsible for the administration of the Radiocommunications Act 1989
4: The deed may, by agreement, provide that if Te Mātāwai breaches 1 or more specified terms or conditions (a serious breach), the responsible Ministers may require Te Mātāwai to transfer the spectrum management rights to the Crown, and in such case Te Mātāwai must transfer the spectrum management rights as required by the responsible Ministers. Section 24B replaced 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
24C: Aggregation of management rights
1: This section applies if—
a: the Secretary for Radiocommunications has filed a notice of transfer under the Radiocommunications Act 1989 section 24B(1)﻿(a)
b: those rights consist of successive records of management rights.
2: The Registrar or Deputy Registrar of Radio Frequencies must aggregate those rights, on the application of the Secretary for Radiocommunications, if—
a: the records of management rights have—
i: the same power floors; and
ii: the same protection limits; and
iii: the same adjacent frequencies emission limits; and
iv: the same conditions applying to spectrum licences created in relation to those records; and
b: the commencement date of the successive record or records is no more than 1 day after the expiry date of the preceding record or records.
3: In subsection (2), adjacent frequencies emission limit power floor protection limit record of management rights section 2(1) 1989 No 148 s 47A Section 24C inserted 28 November 2013 section 10 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013
24D: Management of spectrum management rights
1: The manager must manage the spectrum management rights in a manner that enables the Service to perform its functions.
2: A manager may only transfer or mortgage the whole or any part of the spectrum management rights with the agreement of the responsible Ministers (which may be subject to any conditions that the responsible Ministers consider appropriate). Section 24D inserted 28 November 2013 section 10 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013
24E: Resolution of disagreement between responsible Ministers and
Te Mātāwai
1: If the responsible Ministers and Te Mātāwai section 24B(1) clauses 13 14
2: Clauses 15 to 20 Section 24E inserted 28 November 2013 section 10 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 24E heading amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 24E(1) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
24F: Issue of spectrum licences to Service
1: As soon as practicable after the transfer of spectrum management rights under section 24B(1)﻿(a)
a: request that the manager issue 1 or more spectrum licences to the Service; or
b: notify the manager that it does not wish to have spectrum licences issued to it.
2: The manager must grant spectrum licences for the Service—
a: as soon as practicable after a request is made by the Service:
b: for the maximum period (until the expiry date of the spectrum management rights), unless the Service specifies otherwise.
3: The manager—
a: must not charge the Service for—
i: the grant of a spectrum licence for the Service; or
ii: the transfer of a spectrum licence to the Service; but
b: may charge the Service an administrative fee to cover the cost of granting a spectrum licence for, or transferring a spectrum licence to, the Service. Section 24F inserted 28 November 2013 section 10 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013
24G: Issue of spectrum licences generally
1: The manager must not grant a spectrum licence in favour of a person other than the Service unless—
a: the manager has offered to grant a spectrum licence on the same terms in favour of the Service; and
b: the Service has declined the offer; and
c: the responsible Ministers have agreed to the grant.
2: When the manager grants a spectrum licence, the manager must, in accordance with section 49(1)﻿(g)
3: The manager must not consent to the transfer of a spectrum licence to a person other than the Service unless—
a: the Service has been offered the spectrum licence; and
b: the Service has declined the offer; and
c: the responsible Ministers have agreed to the transfer.
4: If the manager is the holder of a spectrum licence, the manager must not transfer the licence to a person other than the Service unless—
a: the manager has offered to transfer the licence to the Service; and
b: the Service has declined the offer; and
c: the responsible Ministers have agreed to the transfer.
5: In giving consent under subsection (1)﻿(c), (3)﻿(c), or (4)﻿(c), the responsible Ministers may impose any conditions as they see fit. Section 24G inserted 28 November 2013 section 10 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013
24H: Use of spectrum licences and income from spectrum licences
1: The Service must use any spectrum licences that it holds under this subpart for the purpose of establishing a digital terrestrial television network to be used to—
a: protect and promote te reo Māori me ngā tikanga Māori
b: broadcast the Service's programmes.
2: Revenue or benefits in kind received by the manager from any other spectrum licence granted under this subpart must be used for purposes consistent with the protection and promotion of te reo Māori me ngā tikanga Māori Section 24H inserted 28 November 2013 section 10 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 24H(1)﻿(a) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 24H(2) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
3: Accountability required of Service
25: Interpretation
In this subpart, unless the context otherwise requires,— class of outputs effective date section 32 section 36 financial report section 43 generally accepted accounting practice section 8 group outcomes outputs
a: the goods and services provided or to be provided by the Service in fulfilment of its functions under this Act; but
b: does not include services produced for purchase or consumption solely within the Service statement of output objectives section 29(1)﻿(h) statement of responsibility section 42 statement of service performance section 41(1)﻿(c) Section 25 generally accepted accounting practice replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Key provisions on accountability of Service
26: Overview of accountability responsibilities
1: 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
b: the output agreement; and
c: the annual report (including the audited financial report, the statement of service performance, and the statement of responsibility).
2: The responsible Ministers must present to the House of Representatives—
a: the annual statement of intent (and any amendments provided for under section 34
b: the annual report.
3: The Crown must not incur any liability to the Service or expend any money for the use of the Service under an appropriation by Parliament unless—
a: a final statement of intent has been presented to the House of Representatives by the responsible Ministers; and
b: the responsible Ministers have agreed to the output agreement prepared by the board on behalf of the Service under section 38 section 40(1) Key document of accountability: Statement of intent
27: Purpose of statement of intent
The purpose of a statement of intent is to promote the accountability 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
b: setting out the medium-term intentions and commitments of the board for the Service; and
c: identifying the key strategic issues for the Service; and
d: identifying how the board will respond to these key strategic issues and fulfil the statutory functions of the board; and
e: providing a baseline against which the performance of the Service and its subsidiaries can be assessed in a subsequent year or years.
28: Obligation to prepare statement of intent
1: The Service must, in accordance with section 31
a: relates to at least—
i: the next financial year; and
ii: the 2 following financial years; and
b: is consistent with this Act; and
c: is approved and finalised in accordance with the provisions of this subpart.
2: If the Service has 1 or more subsidiaries, it must prepare the statement of intent for the group. Contents of statement of intent
29: Contents of statement of intent
1: Without limiting the matters that may be addressed, the statement of intent must include the following information, in relation to the period to which the statement applies:
a: the period to which it applies:
b: an outline of the key contextual framework within which the Service operates, including—
i: the principal statutory functions of the Service:
ii: the current organisational structure of the Service:
iii: any related entities of the Service:
c: in the case of a group,—
i: the entities that comprise the group; and
ii: the nature of the business of each entity in the group; and
iii: the principal areas of activity for each operation:
d: the nature of the long-term specific goals of the Service for its operations:
e: the nature and scope of the intended operations for the Service:
f: the principal areas of its activity:
g: the prime times identified by the Service for various
h: the strategies proposed for the Service to achieve its goals, manage risks, and carry out operations, including long-term and short-term investment strategies:
i: a statement of output objectives specifying the classes of outputs to be produced by the Service and its subsidiaries:
j: the other qualitative and quantitative performance targets or measures by which the performance of the Service and its subsidiaries may be judged:
k: the strategies proposed by the Service for language quality assurance:
l: the anticipated annual content to be broadcast in te reo Māori during prime time and other times:
m: details of the Service's plan for the development of te reo Māori:
n: any other proposed operating policies.
2: The statement of intent must include prospective financial information for the period to which the statement of intent applies, which must—
a: be prepared in accordance with generally accepted accounting practice; and
b: include the following information:
i: a statement of financial performance; and
ii: a statement of financial position; and
iii: a statement of cash flows; and
iiia: a statement of borrowings or financial leases, or similar liabilities; and
iv: an outline of the strategy proposed for managing any recently reported or anticipated material net deficit (as determined in accordance with generally accepted accounting practice).
3: The statement of intent must include any other information material to understanding and assessing the information provided 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. Section 29(1)﻿(g) amended 28 November 2013 section 11(1) Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 29(1)﻿(k) replaced 28 November 2013 section 11(2) Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 29(1)﻿(l) inserted 28 November 2013 section 11(2) Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 29(1)﻿(m) inserted 28 November 2013 section 11(2) Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 29(1)﻿(n) inserted 28 November 2013 section 11(2) Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 29(2)﻿(b)﻿(iiia) inserted 28 November 2013 section 11(3) Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013
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 Mātāwai, on behalf of Te Mātāwai,
b: report to the responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai, Section 30(a) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 30(b) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Process for creating and finalising statement of intent
31: Creating and finalising statement of intent
1: The board must prepare in writing a draft statement of intent and deliver it to the responsible Ministers and the chairperson of Te Mātāwai, who receives it on behalf of Te Mātāwai,
2: The responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai,
3: The board must, within 10 working days of receiving the comments referred to in subsection (2),—
a: consider any comments; and
b: provide a second draft to the responsible Ministers and the chairperson of Te Mātāwai
4: When the responsible Ministers, the chairperson of Te Mātāwai, on behalf of Te Mātāwai
a: the responsible Ministers and chairperson of Te Mātāwai, on behalf of Te Mātāwai,
b: the chairperson of the board, on behalf of the board, must also sign the statement of intent.
5: The statement of intent is final when it has been signed in accordance with subsection (4).
6: The responsible Ministers must present the statement of intent (and any amendments made under section 34
7: The responsible Ministers, the chairperson of Te Mātāwai Section 31(1) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 31(2) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 31(3)﻿(b) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 31(4) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 31(4)﻿(a) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 31(7) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
32: 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
b: 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). Amendments to statement of intent
33: When statement of intent may be amended
After a statement of intent becomes final under section 31 section 34
34: Mandatory amendment of statement of intent
1: The board must amend a statement of intent if—
a: the responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai,
b: changes in the law materially alter or affect the information contained in the statement of intent; or
c: 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.
2: The board must amend the statement of intent as soon as practicable after it becomes aware of the facts that give rise to the obligation to make a mandatory amendment under subsection (1)﻿(b) or (c).
3: If the responsible Ministers and chairperson of Te Mātāwai
a: give written notice to the board specifying the amendment they propose; and
b: consult the board before the board makes the proposed amendment.
4: An amendment directed under subsection (1)﻿(a) must be consistent with the functions of the Service. Section 34(1)﻿(a) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 34(3) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
35: Amendments must be presented to House of Representatives
An amendment made under section 34
36: Effective date of amendments
An amendment is effective,—
a: if made under section 34(2) Te Mātāwai, on behalf of Te Mātāwai,
b: if notified under section 34(3) Te Mātāwai, on behalf of Te Mātāwai Section 36(a) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 36(b) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 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 production of outputs paid for by the Crown; and
b: to provide the basis on which money may be made available for the use of the Service under an appropriation by Parliament.
38: Preparation of output agreement
1: An output agreement must—
a: be prepared by the board on behalf of the Service; and
b: be agreed to by the responsible Ministers.
2: The board is responsible to the responsible Ministers for meeting the terms of the output agreement.
39: Contents of output agreement
1: 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 appropriation by Parliament; and
b: 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
b: an explanation of the conditions under which the Service will be paid for its outputs; and
c: a description of the delivery standards that the board has agreed to meet
d:
3: The output agreement must include any other relevant information, such as the purpose for which the outputs are required, that may assist the board and the responsible Ministers to interpret and implement the output agreement.
4: The output agreement must be consistent with the functions of the Service.
5: Section 39(2)﻿(c) amended 12 May 2017 section 13(1) Māori Purposes Act 2017 Section 39(2)﻿(d) repealed 12 May 2017 section 13(2) Māori Purposes Act 2017 Section 39(5) repealed 12 May 2017 section 13(2) Māori Purposes Act 2017
40: Formal requirements for output agreement
1: The output agreement must be in writing and dated and signed by—
a: the responsible Ministers; and
b: by the chairperson on behalf of the board.
2: 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
41: Contents of annual report
1: 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 subsidiaries); and
b: a comparison between the actual amounts in the financial report and the amounts in the prospective financial information contained in the statement of intent; and
c: a financial report prepared in accordance with generally accepted accounting practice that includes a statement of service performance reporting on the classes of outputs actually produced during the financial year against the forecast classes of outputs specified in the statement of output objectives; and
d: a statement of responsibility prepared in accordance with section 42
e: the audit report.
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 financial year; and
b: any matter on which the statement of intent requires the annual report to report; and
c: a report on the total value of remuneration and other benefits received by each director of the board during the financial year; and
d: 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
e: a report on the number of employees who, during the financial year, received remuneration and other benefits in their capacity as employees (other than compensation 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
f: a report on the remuneration and benefits received by each committee member (other than directors or employees); and
g: the total value of compensation or other benefits received by persons who ceased to be employees during the financial year, in relation to the cessation of employment, and the number of persons who received a share of that total; and
h: details of any indemnity provided by the Service, during the financial year, to any member, office holder, or employee; and
i: details of any insurance cover effected by the Service during the financial year in respect of the liability or costs of any member, office holder, or employee; and
j: any direction given in writing to the Service by a responsible Minister under any enactment during the financial year; and
k: any direction given to the Service in writing by the chairperson of Te Mātāwai, on behalf of Te Mātāwai,
l: details of any act by the Service—
i: that is an act that a natural person of full age and capacity can do and is done contrary to, or outside the authority of, any Act or done otherwise than for the purpose of performing the Service's functions; and
ii: for which a person dealing with the Service takes actions to enforce; and
m: any other information that the board considers necessary to enable an informed assessment of the performance of the Service for that financial year. Section 41(2)﻿(h) replaced 28 November 2013 section 12 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 41(2)﻿(i) inserted 28 November 2013 section 12 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 41(2)﻿(j) inserted 28 November 2013 section 12 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 41(2)﻿(k) inserted 28 November 2013 section 12 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 41(2)﻿(k) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 41(2)﻿(l) inserted 28 November 2013 section 12 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 41(2)﻿(m) inserted 28 November 2013 section 12 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Other documents of accountability
42: Statement of responsibility
1: A statement of responsibility must accompany the financial report.
2: The statement of responsibility must contain—
a: a statement of the responsibility of the signatories for the preparation of the financial report and the judgements recorded in them; and
b: a statement of the responsibility of the signatories for establishing and maintaining a system of internal control designed to provide reasonable assurance as to the integrity and reliability of the financial reporting; and
c: 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.
3: 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.
43: Financial report
1: The board must, no 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)
b: signed and dated by the chairperson on behalf of the board.
2: The Auditor-General must, within 30 days of receiving the financial report, return it to the Service, together with the audit report.
44: Annual report presented to House of Representatives
1: The Service must, as soon as reasonably practicable after receiving the financial report and audit report from the Auditor-General, forward the annual report to the responsible Ministers and the chairperson of Te Mātāwai, who receives the report on behalf of Te Mātāwai
2: The responsible Ministers must, as soon as reasonably practicable, present the annual report to the House of Representatives. Section 44(1) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
4: Related entities
45: Shares or interests in related entities
1: The Service may, with the joint consent of the responsible Ministers and the chairperson of Te Mātāwai, on behalf of Te Mātāwai,
a: form or hold any shares or interests in any body corporate or in a partnership, joint venture, or other association of persons; or
b: settle, or be or appoint a trustee of, a trust.
2: The consent referred to in subsection (1) may be given on any conditions that the responsible Ministers and chairperson of Te Mātāwai
3: The Service may only form or hold any shares or interests in a related entity under subsection (1) for the purpose of performing its functions under this Act. Section 45(1) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016 Section 45(2) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
46: 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
b: exercises its powers only for the purpose of performing, or assisting the Service to perform, the functions of the Service; and
c: in carrying on or undertaking a business or activity, doing 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
d: does not authorise remuneration or allowances for its members that could not be authorised for the directors of the Service; and
e: conducts its affairs in accordance with this Act, any other enactment, and with the general law; and
f: complies with the current statement of intent and any requirements of the current output agreement made under subpart 3.
47: Remuneration and allowances
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 chairperson of Te Mātāwai, on behalf of Te Mātāwai,
b: payment of reimbursing allowances or actual and reasonable expenses incurred in undertaking his or her duties as a director of the governing body of the subsidiary.
2: The remuneration and other benefits referred to in subsection (1)﻿(a) must be determined before the Service forms or acquires shares in a subsidiary. Section 47(1)﻿(a) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
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
In subparts 1 2 appointed representatives assets Deed of Trust Charitable Trusts Act 1957 Electoral College establishment board establishment chief executive establishment directors establishment Service transition period Trust trustee
1: Provisions for termination of Te Reo Māori Television Trust (Te Awhiorangi)
Te Reo Māori Television Trust (Te Awhiorangi) terminated
49: Trust terminated
On and from the commencement day, under this section,—
a: the Trust is terminated; and
b: the trustees of the Trust cease to hold office; and
c: any committee appointed by the Trust in the transition period is terminated; and
d: the assets and liabilities of the Trust vest in the Service, freed of all trusts affecting those assets and liabilities; and
e: 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 cancelled; and
f: money payable to the Trust becomes payable to the Service; and
g: a representative appointed to the Electoral College by an organisation listed in Part 1
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 chairperson of Te Mātāwai, who receives the report on behalf of Te Mātāwai Section 50 amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
51: Protection of trustees
1: On and from the commencement day, any proceeding commenced by or against the Trust may be carried on, completed, or enforced by or against the Service.
2: 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.
3: Subsection (2) applies despite any provision in the Deed of Trust under which the Trust was created.
2: Transitional arrangements relating to establishment Service, etc
52: Provisions relating to decisions, etc, in transition period
1: This subpart applies, in relation to the transition period, to—
a: the Electoral College and its members; and
b: the establishment Service, the establishment directors, and the establishment board; and
c: the establishment chief executive and the employees, consultants, or agents (if any) of the establishment Service; and
d: the chief executive of Te Puni Kōkiri or his or her authorised delegate.
2: A decision, recommendation, action, appointment, undertaking, 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.
3: Subject to subsection (4), on and from the commencement day, a decision, recommendation, action, appointment, undertaking, 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 prepared by the establishment board during the transition period must be confirmed and made final in accordance with section 31 section 40
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 section 19
54: Employees
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 establishment Service for the transition period, becomes an employee, agent, or consultant, as the case may be, of the Service.
2: For the purpose of every enactment, law, determination, contract, 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 unbroken and the period of employment with the establishment Service must be treated as a period of employment with the Service.
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 establishment Service.
55: 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.
3: Review of Act
56: Review of Act
1: The responsible Ministers may, from time to time, review the operation and effectiveness of this Act in accordance with the terms of reference set by the responsible Ministers.
2: Prior to commencing a review under subsection (1), the responsible Ministers must consult with Te Mātāwai
3: A review under subsection (1) must be completed within 12 months of its commencement.
4: The responsible Ministers must—
a: prepare a report on any review commenced under subsection (1); and
b: present the report to the House of Representatives within 18 months after the commencement of the review. Section 56 replaced 28 November 2013 section 13 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 Section 56(2) amended 30 March 2017 section 49 Te Ture mō Te Reo Māori 2016
4: Amendments to other Acts
57: Amendment to Ombudsmen Act 1975
Amendment(s) incorporated in the Act(s)
58: Amendment to Official Information Act 1982
Amendment(s) incorporated in the Act(s)
59: Amendment to Broadcasting Act 1989
Amendment(s) incorporated in the Act(s)
60: Amendment to Public Audit Act 2001
Amendment(s) incorporated in the Act(s)