Radio New Zealand Act 1995

1: Short Title and commencement
1: This Act may be cited as the Radio New Zealand Act 1995.
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 December 1995 Radio New Zealand Act Commencement Order 1995 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
In this Act, unless the context otherwise requires,— Charter section 8 constitution Companies Act 1993 Crown entity subsidiary the second column of section 7(1)﻿(c) existing company governor section 14 public radio company Registrar section 357(1) responsible Minister shareholding Ministers section 10 Section 2 Charter amended 2 April 2016 section 5(1) Radio New Zealand Amendment Act 2016 Section 2 constitution replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 2 Crown entity subsidiary inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 Crown entity subsidiary amended 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 2 shareholding Ministers substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 subsidiary repealed 25 January 2005 section 200 Crown Entities Act 2004
3: Act to bind the Crown
This Act binds the Crown. Shareholding in public radio company Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
4: Authorising Crown shareholding in public radio company
Section 4 repealed 25 January 2005 section 200 Crown Entities Act 2004
5: Further provisions relating to Ministers' shareholding
Section 5 repealed 25 January 2005 section 200 Crown Entities Act 2004
6: Ministers to hold all shares
Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004 Charter and principles of public radio company
7: Public radio company to give effect to Charter
The public radio company must give effect to its Charter. Section 7 replaced 2 April 2016 section 4 Radio New Zealand Amendment Act 2016
8: Charter
The Charter of the public radio company is as follows: Purpose
1: As an independent public service broadcaster, the public radio company's purpose is to serve the public interest.
2: Freedom of thought and expression are foundations of democratic society and the public radio company as a public service broadcaster plays an essential role in exercising these freedoms.
3: The public radio company fosters a sense of national identity by contributing to tolerance and understanding, reflecting and promoting ethnic, cultural, and artistic diversity and expression.
4: The public radio company provides reliable, independent, and freely accessible news and information. Delivery
5: In achieving its purpose, the public radio company must endeavour to provide services of the highest quality, which—
a: are predominantly and distinctively of New Zealand:
b: inform, entertain, and enlighten the people of New Zealand:
c: are challenging, innovative, and engaging:
d: foster critical thought, and informed and wide-ranging debate:
e: stimulate, support, and reflect the diversity of cultural expression, including drama, comedy, literature, and the performing arts:
f: stimulate, support, and reflect a wide range of music, including New Zealand composition and performance:
g: reflect New Zealand’s cultural identity, including Māori language and culture:
h: provide awareness of the world and of New Zealand’s place in it:
i: provide comprehensive, independent, accurate, impartial, and balanced regional, national, and international news and current affairs:
j: provide programmes which balance special interest with those of wide appeal, recognising the interests of all age groups:
k: contribute towards intellectual and spiritual development:
l: include an international service to the South Pacific in both English and Pacific languages:
m: take account of services provided by other broadcasters:
n: take advantage of the most effective means of delivery:
o: preserve and archive broadcasting material of historical interest. Section 8 replaced 2 April 2016 section 4 Radio New Zealand Amendment Act 2016
8A: Principles of operation
1: The public radio company must, in fulfilling its Charter, exhibit a sense of social responsibility by—
a: having regard to the interests of the community in which it operates; and
b: endeavouring to accommodate or encourage those interests when able to do so.
2: The public radio company must, in fulfilling its Charter, ensure that it is not influenced by the commercial interests of other parties.
3: The public radio company must, in fulfilling its Charter, ensure that it operates in a financially responsible manner and, for this purpose, that it—
a: prudently manages its assets and liabilities; and
b: endeavours to ensure—
i: its long-term financial viability; and
ii: that it acts as a successful going concern. Section 8A inserted 2 April 2016 section 4 Radio New Zealand Amendment Act 2016
8B: Commercial-free broadcasting
1: The public radio company must, in fulfilling its Charter, provide its services in a commercial-free manner.
2: Subsection (1) is subject to subsection (3).
3: The public radio company may provide 1 or more of the services specified in subsection (4), if the provision of the service or services—
a: is consistent with its role as a public broadcaster; and
b: does not impact adversely on the provision of its services under its Charter; and
c: is a fair and appropriate use of public funds.
4: Subsection (3) applies to the following:
a: providing media services to countries outside New Zealand, other than Radio New Zealand International or any radio services that might replace, in whole or in part, Radio New Zealand International:
b: authorising other providers of media services (whether by sale or licensing) to broadcast or publish content that has already been broadcast or published in a commercial-free manner by the public radio company:
c: arranging for providers of delivery platforms to provide access to live broadcasts of the content of the public radio company, but only if—
i: the content is free to access on the public radio company’s services; and
ii: the content is commercial-free, whether or not the delivery platforms are free to access; and
iii: any advertising or sponsorship on the delivery platforms is not expressly or impliedly presented as advertising or sponsorship carried or endorsed by the public radio company (other than announcements of the public radio company’s own services).
5: In this section,— commercial-free
a: means—
i: free to access; and
ii: without advertising and sponsorship; but
b: to avoid doubt, does not include announcements by the public radio company of its own services delivery platform
a: means any method of transmitting audio, visual, or audiovisual content; and
b: includes (but is not limited to) Internet sites, applications, and software. Section 8B inserted 2 April 2016 section 4 Radio New Zealand Amendment Act 2016
8C: Review of Charter
1: The House of Representatives must periodically review the Charter.
2: The first review must be undertaken and completed as soon as practicable after 5 years after the commencement of the Radio New Zealand Amendment Act 2016
3: A subsequent review must be undertaken and completed as soon as practicable after the fifth anniversary of the later of the dates specified in subsection (4).
4: For the purposes of subsection (3), the dates are—
a: the date on which the select committee that reviews the Charter presents its report to the House of Representatives:
b: the date on which any subsequent legislation that amends the Charter comes into force. Section 8C inserted 2 April 2016 section 4 Radio New Zealand Amendment Act 2016
8D: Reporting
1: The public radio company must include in its annual report required by section 150
2: In making the assessment, the public radio company must take into account—
a: research relating to a representative selection of members of the public (including persons who are not members of its current audience); and
b: the measures, if any, it has taken as a result of the research.
3: For the purposes of subsection (2)﻿(a), the public radio company must undertake or obtain the research on a regular basis, but at least once a year. Section 8D inserted 2 April 2016 section 4 Radio New Zealand Amendment Act 2016
9: Personnel policy
Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004
10: Equal employment opportunities
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004 Ministers and editorial independence of public radio company
11: Ministers and their role
1:
2: The shareholding Ministers shall exercise or perform the powers, duties, and functions conferred or imposed on them with respect to the public radio company in a manner that is consistent with the Charter of the company and with sections 8A 8B
3: The shareholding Ministers may, by written notice to the board of the public radio company, determine the amount of dividend payable by the public radio company to the Crown in respect of any financial year or years.
4: Before giving any notice under subsection (3), the shareholding Ministers must—
a: have regard to the functions and principles of operation of the public radio company; and
b: comply with section 115 1992 No 47 s 6 Section 11(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 11(2) amended 2 April 2016 section 5(2) Radio New Zealand Amendment Act 2016 Section 11(3) added 25 January 2005 section 200 Crown Entities Act 2004 Section 11(4) added 25 January 2005 section 200 Crown Entities Act 2004
12: Information to be laid before House of Representatives
Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004
13: Ministers of the Crown not to give certain directions
1: No responsible Minister or any other Minister, and no person acting by or on behalf of or at the direction of a responsible Minister or any other Minister, may give a direction to the public radio company, or any Crown entity subsidiary of the company, or any director or officer or employee of the company or any such Crown entity subsidiary
a: a particular programme or a particular allegation or a particular complaint; or
b: the gathering or presentation of news or the preparation or presentation of current affairs programmes; or
c: the responsibility of the company for programme standards.
2: No director of the public radio company, or of any Crown entity
a: a particular programme or a particular allegation or a particular complaint; or
b: the gathering or presentation of news or the preparation or presentation of current affairs programmes; or
c: the responsibility of the company for programme standards.
3: Section 97(g) 1988 No 162 s 7; 1989 No 25 s 87 Section 13(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 13(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 13(3) added 25 January 2005 section 200 Crown Entities Act 2004 Governors of public radio company
14: Appointment of governors
1: The directors of the public radio company shall be known as governors.
2:
3: The governors of the public radio company shall be persons who, in the opinion of the responsible Minister
a:
b: knowledge of, or experience in, the provision of high quality public radio services:
c: ability to reflect a diverse range of community views.
4: No governor of the public radio company shall be appointed to represent, or promote the views of, a particular interest group.
5: This section does not limit section 89 Section 14(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 14(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 14(3)﻿(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 14(5) added 25 January 2005 section 200 Crown Entities Act 2004
15: Role of governors
1:
2: The governors of the public radio company shall exercise or perform the powers, duties, and functions conferred or imposed on them with respect to the company in a manner that is consistent with the Charter of the company and with sections 8A 8B 1992 No 47 s 7 Section 15(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15(2) amended 2 April 2016 section 5(2) Radio New Zealand Amendment Act 2016 Crown entity
16: Crown entity
1: The public radio company is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004 Section 16 substituted 25 January 2005 section 200 Crown Entities Act 2004 Audit of public radio company Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
17: Audit
Section 17 repealed 25 January 2005 section 200 Crown Entities Act 2004 Protection of name Radio New Zealand News
18: Protection of name
1: No body shall be incorporated or registered under any enactment, or in any other manner, under the name Radio New Zealand News
2: No person other than the public radio company shall, either alone or with any other person or persons,—
a: trade or carry on business, or provide radio news services, under the name Radio New Zealand News
b: trade or carry on business, or provide radio news services, under any other name, knowing that the name so resembles the name Radio New Zealand News
3: Every person who contravenes subsection (2) commits an offence, and is liable on Section 18(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Provisions relating to separation
19: Change of name of companies
1: The Registrar shall—
a: change the name of the existing company to The Radio Company Limited
b: change the name of the public radio company to Radio New Zealand Limited
c: issue new certificates of incorporation for each of the companies recording the change of names.
2: The change of names—
a: takes effect from the date of the certificate issued under subsection (1); and
b: subject to sections 20 21
3: Nothing in this section prevents the name of either company being changed in accordance with the provisions of Companies Act 1993 Section 19(3) amended 5 December 2013 section 14 Companies Amendment Act 2013
20: Amendments to other enactments
The enactments specified in the Schedule
21: Reference to Radio New Zealand Limited in other legislation
Every reference in any Act other than this Act to Radio New Zealand Limited shall be read and construed as a reference to the public radio company.