Broadcasting Act 1989

1: Short Title and commencement
1: This Act may be cited as the Broadcasting Act 1989.
2: Except as provided in subsection (3) and in section 84(3)
3: Parts 3 4 sections 82 87 Schedule 1
2: Interpretation
1: In this Act, unless the context otherwise requires,— advertising programme
a: means a programme or part of a programme that—
i: is primarily intended to promote—
A: the interest of any person; or
B: any product or service for the commercial advantage of any person; and
ii: is a programme or a part of a programme for which payment is made, whether in money or otherwise; and
b: includes a credit in respect of a sponsorship or underwriting arrangement, being a credit that—
i: is intended to promote any of the matters specified in paragraph (a)﻿(i); and
ii: is a credit for which payment is made, whether in money or otherwise; but
c: does not include programme material that is the subject of a credit to which paragraph (b) applies; and
d: does not include any programme or credit of the kind described in paragraph (a) or paragraph (b)—
i: that promotes a scheduled programme on behalf of a broadcaster; or
ii: that promotes only a station identity on behalf of a broadcaster; or
iii: that constitutes an election programme alcohol section 5(1) approved code of broadcasting practice
a: developed and issued under section 21(1)﻿(f)
b: approved for the purposes of this Act under section 21(1)﻿(g) Authority section 20 broadcaster broadcasting
a: made on the demand of a particular person for reception only by that person; or
b: made solely for performance or display in a public place Commission section 35 content
a: programmes:
b: visual images that consist predominantly of alphanumeric text and software intended to—
i: inform, enlighten, or entertain; or
ii: promote the interests of any person; or
iii: promote any product or service election programme
a: in the definition of advertising programme and in sections 8 21 Part 6
b: in Part 6 section 69 individual section 7(1) Minister programme
a: means sounds or visual images, or a combination of sounds and visual images, intended—
i: to inform, enlighten, or entertain; or
ii: to promote the interests of any person; or
iii: to promote any product or service; but
b: does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text publish series
a: means 2 or more related sequential programmes; but
b: does not include any news or current affairs programme total revenue section 5 Financial Reporting Act 2013 transmit on demand working day
a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year.
2: For the purposes of this Act, a person who supplies transmission services to a person who broadcasts programmes is not, by reason only of the provision of those services, a broadcaster within the meaning of this Act unless the person who provides the transmission services is, where the person who broadcasts programmes is a company, in a position to exercise control, either alone or in association with any other person, of—
a: the operations of that company; or
b: the management of any broadcasting station operated by that company; or
c: the management of programmes broadcast by that company; or
d: the selection or provision of programmes to be broadcast by that company. 1976 No 132 s 2(1); 1982 No 178 s 2(1) Section 2(1) advertising programme substituted 8 July 1993 section 2 Broadcasting Amendment Act 1993 Section 2(1) alcohol inserted 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2(1) approved financial reporting standard repealed 1 July 2011 section 12 Financial Reporting Amendment Act 2011 Section 2(1) broadcaster substituted 28 August 1990 section 3(1) Broadcasting Amendment Act (No 2) 1990 Section 2(1) content inserted 14 March 2008 section 4 Broadcasting Amendment Act 2008 Section 2(1) election programme inserted 20 December 2007 section 4 Broadcasting Amendment Act (No 2) 2007 Section 2(1) individual inserted 1 July 2000 section 3(1) Broadcasting Amendment Act 2000 Section 2(1) individual amended 1 December 2020 section 217 Privacy Act 2020 Section 2(1) liquor repealed 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2(1) Minister substituted 1 July 2000 section 3(2) Broadcasting Amendment Act 2000 Section 2(1) series inserted 1 July 1996 section 2 Broadcasting Amendment Act 1996 Section 2(1) total operating revenue repealed 20 September 2007 section 4(1) Broadcasting Amendment Act 2007 Section 2(1) total revenue replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) transmit on demand inserted 14 March 2008 section 4 Broadcasting Amendment Act 2008 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(2) added 28 August 1990 section 3(3) Broadcasting Amendment Act (No 2) 1990
3: Act to bind the Crown
This Act shall bind the Crown.
1: Programme standards
4: Responsibility of broadcasters for programme standards
1: Every broadcaster is responsible for maintaining in its programmes and their presentation, standards that
a: the observance of good taste and decency; and
b: the maintenance of law and order; and
c: the privacy of the individual; and
d: the principle that when controversial issues of public importance are discussed, reasonable efforts are made, or reasonable opportunities are given, to present significant points of view either in the same programme or in other programmes within the period of current interest; and
e: any approved code of broadcasting practice applying to the programmes.
2: Where, in respect of any film within the meaning of the Films, Videos, and Publications Classification Act 1993
a: there is in force under that Act a decision classifying that film as objectionable; or
b: there is in force under that Act a decision classifying that film as if certain excisions had been made,— no broadcaster,—
c: in the case of a film to which paragraph (a) applies, shall broadcast that film or any part of that film; or
d: in the case of a film to which paragraph (b) applies, shall broadcast the film, or any part of the film, if the film or, as the case may be, that part includes any part of the film required to be excised,— except with the consent of the Chief Censor of Film and Literature and subject to any conditions subject to which the Chief Censor has given the consent.
3: No broadcaster shall be under any civil liability in respect of any failure to comply with any of the provisions of this section. 1976 No 132 ss 24(1)﻿(c), (e), (f), (g), (2), (4), 95(1)﻿(c), (e), (f), (g), (2), (5); 1982 No 178 ss 5, 19; 1983 No 130 s 76(2), (3) Section 4(1) amended 14 March 2008 section 14 Broadcasting Amendment Act 2008 Section 4(2) substituted 1 October 1994 section 150(1) Films, Videos, and Publications Classification Act 1993
2: Complaints
5: Principles
This Part is based on the following principles:
a: broadcasters have a responsibility to deal with complaints relating to broadcasts and must establish a proper procedure to deal with them:
b: a body other than the broadcaster must be available to complainants to ensure that broadcasters discharge their responsibilities in relation to programme standards:
c: complaints based merely on a complainant's preferences are not, in general, capable of being resolved by a complaints procedure:
d: an independent complaints procedure is not a substitute for proper consideration of complaints by the broadcaster:
e: complaints should be made promptly to the broadcaster:
f: formal complaints must be made in writing:
g: most complaints that are capable of being resolved by an independent complaints procedure should not be required to be resolved by that procedure but should be capable of being resolved by proper consideration and proper response on the part of the broadcaster:
h: the first consideration of a complaint should be prompt and without undue formality:
i: further consideration of a complaint calls for greater formality. 1976 No 132 s 95A(b)–(j); 1982 No 6 s 11
6: Formal complaints about programmes
1: Subject to subsection (2), it is the duty of every broadcaster—
a: to receive and consider formal complaints about any programme broadcast by it where the complaint constitutes, in respect of that programme, an allegation that the broadcaster has failed to comply with section 4
b: to publicise the procedures for making such complaints; and
ba: to broadcast on each channel or broadcasting station operated by the broadcaster notices (each of which shall be of at least 15 seconds'
i: with the equivalent in each year of 1 notice per day for each day of broadcasting on the channel or broadcasting station; and
ii: with the notices being broadcast at different programming times but in such a manner that the notices are broadcast in the course of a year at all programming times, including prime time and children's programming times; and
c: to establish procedures for investigating such complaints.
2: Nothing in this section requires a broadcaster to receive and consider any complaint that is not lodged in writing with the broadcaster within 20 working days after the date on which the programme to which the complaint relates was broadcast by the broadcaster.
3: Notwithstanding subsection (2), a broadcaster must consider a complaint if—
a: the complainant has resubmitted the complaint in writing within 30 working days after the date on which the programme to which the complaint relates was broadcast by the broadcaster; and
b: the complainant offers reasonable proof that the original complaint was lodged in accordance with subsection (2). 1976 No 132 ss 95B(1)﻿(a)﻿(ii), (iv)–(vii), (b), 95C(1)﻿(a)﻿(ii), (iv)–(vii), (b); 1982 No 6 s 11; 1982 No 178 s 20 Section 6(1)﻿(ba) inserted 1 July 1996 section 3 Broadcasting Amendment Act 1996 Section 6(1)﻿(ba) amended 14 March 2008 section 14 Broadcasting Amendment Act 2008 Section 6(3) added 1 July 1993 section 3 Broadcasting Amendment Act 1993
7: Decisions in respect of formal complaints
1: If a complaint under section 6(1)﻿(a)
2: If a complaint under section 6(1)﻿(a)
3: The broadcaster shall, in notifying a complainant pursuant to subsection (1) or subsection (2), give to the complainant information concerning the complainant's right, by way of referral to the Authority under section 8 1976 No 132 s 95D; 1982 No 6 s 11; 1982 No 178 s 22
8: Right of complainant to refer formal complaint to Authority
1: A complainant must refer the complaint directly to the Authority if the complaint is that an election programme did not meet 1 or more of the standards in section 4(1)﻿(a) to (c) and (e)
1A: A complainant may refer the complaint directly to the Authority if—
a: the complaint is that a broadcaster failed to comply with section 4(1)﻿(c)
b: the complainant chooses to refer the complaint directly to the Authority.
1B: A complainant may refer the complaint to the Authority if the complainant—
a: made the complaint under section 6(1)﻿(a)
b: is dissatisfied with—
i: the decision of the broadcaster; or
ii: the action taken by the broadcaster.
1C: A complainant may refer the complaint to the Authority if—
a: the complaint is about a programme other than an election programme; and
b: at least 20 working days have passed since the broadcaster received the complaint; and
c: the broadcaster has not notified the complainant of—
i: the decision of the broadcaster; or
ii: the action taken by the broadcaster; and
d: the broadcaster—
i: has not given the complainant a notice under subsection (1D); or
ii: has given the complainant a notice under subsection (1D) but has not complied with the statement under subsection (1D)﻿(c).
1D: A broadcaster that receives a complaint under section 6
a: stating that the broadcaster will be unable to make a decision or take action on the complaint within 20 working days after receiving the complaint; and
b: stating the reasons why the broadcaster will be unable to do so; and
c: stating that the broadcaster will tell the complainant about its decision or action on the complaint within 40 working days after the broadcaster received the complaint.
2: Subsections (1) to (1D)
3: Except as provided in subsection (2), nothing in this section entitles a complainant to refer a complaint about an advertising programme to the Authority. Section 8 substituted 1 July 1993 section 4(1) Broadcasting Amendment Act 1993 Section 8(1) substituted 20 December 2007 section 5(1) Broadcasting Amendment Act (No 2) 2007 Section 8(1A) substituted 20 December 2007 section 5(1) Broadcasting Amendment Act (No 2) 2007 Section 8(1B) inserted 20 December 2007 section 5(1) Broadcasting Amendment Act (No 2) 2007 Section 8(1C) inserted 20 December 2007 section 5(1) Broadcasting Amendment Act (No 2) 2007 Section 8(1D) inserted 20 December 2007 section 5(1) Broadcasting Amendment Act (No 2) 2007 Section 8(2) amended 20 December 2007 section 5(2) Broadcasting Amendment Act (No 2) 2007
9: Time limits
1: The Authority must not accept a complaint made outside the period specified for the complaint in this section.
2: A complaint under section 8(1)
a: starting on the first working day after the broadcast of the programme that the complaint is about; and
b: ending 60 working days later.
3: A complaint under section 8(1A)
a: starting on the first working day after the broadcast of the programme that the complaint is about; and
b: ending 20 working days later.
4: A complaint under section 8(1B)
a: starting on the first working day after the day on which the complainant received notice of the broadcaster's decision or action on the complaint; and
b: ending 20 working days later.
5: A complaint under section 8(1C)
a: starting on the first working day after the broadcast of the programme that the complaint is about; and
b: ending 60 working days later. Section 9 substituted 20 December 2007 section 6 Broadcasting Amendment Act (No 2) 2007
10: Consideration and determination of complaints by Authority
1: The Authority may, if it thinks fit, consider and determine any complaint referred to it under section 8
a: shall give the complainant and the broadcaster a reasonable opportunity to make submissions to it in writing in relation to the complaint; and
b: shall have regard to all relevant submissions made to it in writing in relation to the complaint.
2: In considering every complaint referred to it under section 8
a: the requirements of this Act; and
b: a proper consideration of the complaint; and
c: the principles of natural justice. 1976 No 132 s 95V(1); 1982 No 6 s 11; 1982 No 178 s 22
11: Power of Authority to decline to determine complaint
The Authority may decline to determine a complaint referred to it under section 8
a: that the complaint is frivolous, vexatious, or trivial; or
b: that, in all the circumstances of the complaint, it should not be determined by the Authority.
12: Application of Commissions of Inquiry Act 1908
Sections 4B 4C 4D 5 6 7 8 9 section 8
a: as if the Authority were a Commission of Inquiry established under the Commissions of Inquiry Act 1908
b: as if the Authority's consideration of the complaint were an inquiry for the purposes of the Commissions of Inquiry Act 1908
13: Decisions on complaints
1: If, in the case of a complaint referred to the Authority under section 8
a: an order directing the broadcaster to publish, in such manner as shall be specified in the order, and within such period as shall be so specified, a statement that that
b: an order to direct the broadcaster to refrain—
i: from broadcasting; or
ii: from broadcasting advertising programmes (including any credit in respect of a sponsorship or underwriting arrangement entered into in relation to a programme),— for such period, not exceeding 24 hours, in respect of each programme in respect of which the Authority has decided the complaint is justified, and at such time as shall be specified in the order:
c: an order referring the complaint back to the broadcaster for consideration and determination by the broadcaster in accordance with such directions or guidelines as the Authority thinks fit:
d: if the Authority finds that the broadcaster has failed to maintain, in relation to any individual, standards that are consistent with the privacy of that individual, an order directing the broadcaster to pay to that individual, as compensation, a sum not exceeding $5,000.
2: If, in the case of a complaint referred to the Authority under section 8
a: to the broadcaster by which the programme was broadcast; and
b: to the complainant.
3: If a complaint is found to be justified, in whole or in part, the broadcaster by which the programme was broadcast shall—
a: comply with any order made under subsection (1); and
b: give notice in writing to the Authority and the complainant of the manner in which the order has been complied with.
4: Every statement published pursuant to an order made under subsection (1) shall be deemed for the purposes of clause 13 1976 No 132 s 95X; 1982 No 6 s 11 Section 13(1)﻿(a) amended 14 March 2008 section 14 Broadcasting Amendment Act 2008 Section 13(4) substituted 1 February 1993 section 56(1) Defamation Act 1992
13A: Additional powers to make orders in respect of series
1: Notwithstanding section 13 section 8 section 4
a: describes, depicts, or otherwise deals with—
i: acts of torture, the infliction of serious physical harm, or acts of significant cruelty; or
ii: sexual violence or sexual coercion or violence or coercion in association with sexual conduct; or
iii: other sexual or physical contact of a degrading, dehumanising, or demeaning nature; or
iv: sexual conduct with or by children or both; or
v: physical conduct in which sexual satisfaction is derived from inflicting or suffering cruelty or pain; or
b: exploits the nudity of young children; or
c: promotes or encourages criminal acts or acts of terrorism,— in a manner that is likely to be injurious to the public good, the Authority may make an order directing the broadcaster to make available to the Authority—
d: a copy of any visual recordings; or
e: a copy of any transcript; or
f: any other material,— related to further programmes within the series.
2: In determining whether or not the broadcasting of any programme within a series is likely to be injurious to the public good, the Authority shall, in addition to the matters specified in subsection (1), have regard to—
a: the dominant effect of the programme as a whole; and
b: the impact of the programme given the medium in which the programme is presented; and
c: the character of the programme, including any merit, value, or importance the programme has in relation to artistic, social, cultural, educational, scientific, or other matters; and
d: the persons, class of persons, or age of persons by whom the programme was intended, or is likely, to be viewed; and
e: the purpose of the programme; and
f: any other relevant matter relating to the broadcasting of the programme.
3: If, after viewing the material referred to in paragraphs (d) to (f) of subsection (1), the Authority is satisfied that the broadcasting of any programme within the series is likely to be injurious to the public good, the Authority may make 1 or both of the following orders:
a: an order directing that the broadcaster withdraw that programme:
b: an order specifying the conditions that must be complied with by any broadcaster who broadcasts the series that is the subject of the complaint or any programme in that series.
4: If, after viewing the material referred to in paragraphs (d) to (f) of subsection (1), the Authority is satisfied that the broadcasting of each and every further programme within the series is likely to be injurious to the public good, the Authority may make—
a: an order directing that the broadcaster withdraw the series that is the subject of the complaint; or
b: an order directing that the broadcaster withdraw 1 or more specified programmes; or
c: an order (which may be made in conjunction with an order made under paragraph (b)) specifying the conditions that must be complied with by any broadcaster who broadcasts the series that is the subject of the complaint or any programme in that series.
5: Where the Authority makes, under subsection (3)﻿(a) or subsection (4)﻿(b), an order in relation to any programme, no broadcaster shall broadcast that programme.
6: Where the Authority makes, under subsection (3)﻿(b) or subsection (4)﻿(c), an order in relation to any series or programmes in a series, no broadcaster shall broadcast, otherwise than in accordance with the conditions specified in the order, that series or any programme in that series.
7: Where the Authority makes, under subsection (4)﻿(a), an order in relation to any series, no broadcaster shall broadcast that series or any programme in that series. Section 13A inserted 1 July 1996 section 6 Broadcasting Amendment Act 1996
14: Offences
Every broadcaster commits an offence and is liable on
a: who fails to comply with an order made in respect of that broadcaster under section 13(1)
b: who contravenes an order made under section 13A Section 14 substituted 1 July 1996 section 7 Broadcasting Amendment Act 1996 Section 14 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 14(b) amended 3 June 1998 section 2 Broadcasting Amendment Act 1998
15: Notice of decisions
1: The Authority shall give public notice of the decision of the Authority on each complaint referred to it under section 8
2: Copies of the decision of the Authority on each complaint referred to it under section 8
3: Every notice published under subsection (1) shall be deemed for the purposes of clause 6 1976 No 132 s 67B; 1982 No 6 s 9 Section 15(3) substituted 1 February 1993 section 56(1) Defamation Act 1992
16: Power to award costs
1: Subject to subsection (2), the Authority may, in any proceedings, order any party to pay to any other party such costs and expenses (including expenses of witnesses) as are reasonable, and may apportion any such costs between the parties in such manner as it thinks fit.
2: No award of costs shall be made under subsection (1) against the complainant unless,—
a: in the opinion of the Authority, the complaint is frivolous or vexatious or one that ought not to have been made; or
b: the Authority considers it proper to do so by reason of the failure of the complainant to prosecute any proceedings related to the complaint at the time fixed for its hearing or to give adequate notice of the abandonment of any proceeding related to the complaint.
3: Where, through failure to prosecute any proceeding at the time fixed for its hearing or to give adequate notice of the abandonment of any proceeding, the Authority considers it proper to do so, the Authority may order the party in default to pay to the Crown such sums for costs as it considers reasonable.
4: Without limiting subsections (1) to (3), where the Authority finds a complaint against a broadcaster to be justified, in whole or in part, the Authority may order the broadcaster to pay to the Crown by way of costs, within 1 month after the date on which notice in writing of the decision is given to the broadcaster under section 13(2) 1976 No 132 s 67C; 1982 No 6 s 9 Section 16(2) amended 14 March 2008 section 14 Broadcasting Amendment Act 2008 Section 16(4) added 1 July 1996 section 8 Broadcasting Amendment Act 1996
17: Enforcement of orders for costs
1: For the purpose of enforcing any order of the Authority for the payment of costs, a duplicate of such order may be filed by the person to whom the costs are payable in the office of the court named in the order and shall thereupon be enforceable in all respects as a final judgment of that court in its civil jurisdiction.
2: In every case where an order for costs is made, the order shall name the court in which the order may, if necessary, be enforced.
3: The court so named shall, where the amount recoverable under the order—
a: exceeds $12,000, be the High Court; and
b: does not exceed $12,000, be the District Court. 1976 No 132 s 67D; 1982 No 6 s 9 Appeals
18: Appeal against decision of Authority
1: Where the Authority makes—
a: a decision under section 11
b: a decision or order under section 13 or section 13A the broadcaster or the complainant may appeal to the High Court against the whole or any part of the decision or order.
2:
3: Every appeal under this section shall be made by giving notice of appeal within 1 month after the date on which the appellant was notified of the decision or order appealed against or within such further time as
4: The court shall hear and determine the appeal as if the decision or order appealed against had been made in the exercise of a discretion.
5: In its determination of any appeal, the court may—
a: confirm, modify, or reverse the decision or order appealed against, or any part of that decision or order:
b: exercise any of the powers that could have been exercised by the Authority in the proceedings to which the appeal relates.
6:
7: Subject to the provisions of this section, the procedure in respect of any appeal under this section shall be in accordance with rules of court. Section 18(1)﻿(b) amended 1 July 1996 section 9 Broadcasting Amendment Act 1996 Section 18(2) repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991 Section 18(3) amended 15 August 1991 section 3(4) Judicature Amendment Act 1991 Section 18(6) repealed 27 September 2001 section 3 Broadcasting Amendment Act 2001
19: Decision of High Court to be final
The determination of the High Court on any appeal under section 18 Evidence Heading inserted 28 August 1990 section 4 Broadcasting Amendment Act (No 2) 1990
19A: Admissibility of evidence
Except in any proceedings for perjury within the meaning of the Crimes Act 1961
a: no response made by a broadcaster to any complaint made under this Part; and
b: no statement made or answer given by any person—
i: in the course of the consideration of any complaint made under this Part; or
ii: in the course of any proceedings before the Authority in relation to any complaint made under this Part; and
c: no decision of the Authority on any complaint made under this Part; and
d: no determination of the High Court on any appeal made under section 18 shall be admissible in evidence against any person in any court or in any inquiry or other proceedings. Section 19A inserted 28 August 1990 section 4 Broadcasting Amendment Act (No 2) 1990
3: Broadcasting Standards Authority
20: Establishment of Authority
1: There is hereby established an Authority to be called the Broadcasting Standards Authority.
2: The Authority is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 20(2) added 25 January 2005 section 200 Crown Entities Act 2004 Section 20(3) added 25 January 2005 section 200 Crown Entities Act 2004
21: Functions of Authority
1: The functions of the Authority shall be—
a: to receive and determine complaints from persons who are dissatisfied with the outcome of complaints made to broadcasters under section 6(1)﻿(a)
b: to receive and determine complaints that election programmes did not meet 1 or more of the standards in section 4(1)﻿(a) to (c) and (e)
ba: to receive and determine complaints when—
i: the complaint is that a broadcaster failed to comply with section 4(1)﻿(c)
ii: the complainant has chosen to refer the complaint directly to the Authority; and
c: to publicise its procedures in relation to complaints; and
d: to issue to any or all broadcasters, advisory opinions relating to broadcasting standards and ethical conduct in broadcasting; and
e: to encourage the development and observance by broadcasters of codes of broadcasting practice appropriate to the type of broadcasting undertaken by such broadcasters, in relation to—
i: the protection of children:
ii: the portrayal of violence:
iii: fair and accurate programmes and procedures for correcting factual errors and redressing unfairness:
iv: safeguards against the portrayal of persons in programmes in a manner that encourages denigration of, or discrimination against, sections of the community on account of sex, race, age, disability, or occupational status or as a consequence of legitimate expression of religious, cultural, or political beliefs:
v: restrictions on the promotion of alcohol
vi: presentation of appropriate warnings in respect of programmes, including programmes that have been classified as suitable only for particular audiences:
vii: the privacy of the individual:
f: to develop and issue codes of broadcasting practice of the kinds described in paragraph (e) in any case where the Authority considers it appropriate:
g: to approve, for the purposes of this Act, codes of practice of the kinds described in paragraph (e):
h: to conduct research and publish findings on matters relating to standards in broadcasting.
2: The Authority shall, in encouraging, under subsection (1)﻿(e), the development by broadcasters of codes of broadcasting practice, encourage broadcasters to consult with persons having an interest in the subject matter
3: Nothing in subsection (1) shall relate to advertising programmes or any credit in respect of a sponsorship or underwriting arrangement entered into in relation to a programme except where neither the broadcaster nor the advertiser recognise, in relation to a specific complaint, the jurisdiction of the Advertising Standards Complaints Board (a board appointed by the Advertising Standards Authority Incorporated).
4: When performing its functions under subsection (1)﻿(e), (f), or (g) in relation to a code of practice of the kind described in subsection (1)﻿(e)﻿(vii), the Authority must consult with the Privacy Commissioner appointed under the Privacy Act 2020
5: Except as expressly provided otherwise in this or any other Act, the Authority must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers, or duties of the Authority (other than the Crown Entities Act 2004
6: A code of broadcasting practice under subsection (1)﻿(f) or (g) is secondary legislation ( see Part 3
7: That Act applies as if—
a: the Authority were the maker of the code; and
b: the code were made by—
i: the Authority issuing it, in the case of a code issued under subsection (1)﻿(f); or
ii: the Authority approving it, in the case of a code approved under subsection (1)﻿(g). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6) Publication It must be LA19 ss 73 74(1)﻿(a) cl 14 •	notified in the Gazette •	made available for purchase at a reasonable price •	published The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 21(1)﻿(b) replaced 20 December 2007 section 7 Broadcasting Amendment Act (No 2) 2007 Section 21(1)﻿(ba) inserted 20 December 2007 section 7 Broadcasting Amendment Act (No 2) 2007 Section 21(1)﻿(e)﻿(v) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 21(1)﻿(e)﻿(vii) inserted 1 July 2000 section 4(1) Broadcasting Amendment Act 2000 Section 21(2) amended 14 March 2008 section 14 Broadcasting Amendment Act 2008 Section 21(3) inserted 1 July 1993 section 5 Broadcasting Amendment Act 1993 Section 21(4) inserted 1 July 2000 section 4(2) Broadcasting Amendment Act 2000 Section 21(4) amended 1 December 2020 section 217 Privacy Act 2020 Section 21(5) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 21(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 21(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22: Notification and publication of approved codes of broadcasting practice
Section 22 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
23: Power of Minister to request Authority to consider matter involving broadcasting standards
1: Where the Minister considers it is desirable in the public interest to do so, the Minister may refer any matter relating to broadcasting standards to the Authority and require the Authority to consider whether or not it is appropriate to issue an advisory opinion on the matter under section 21(1)﻿(d)
2: As soon as practicable after referring any matter to the Authority under subsection (1), the Minister shall publish in the Gazette
24: Powers of Authority
Section 24 repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Power of Authority to commission surveys
Section 25 repealed 25 January 2005 section 200 Crown Entities Act 2004
26: Membership of Authority
1: The board of the Authority consists of 4 members, 1 of whom must be appointed as Chairperson.
1A: One of the members appointed under subsection (1) shall be appointed after consultation by the Minister with such representatives of the broadcasting industry as the Minister thinks fit.
1B: One of the members appointed under subsection (1) shall be appointed after consultation by the Minister with such representatives of public interest groups in relation to broadcasting as the Minister thinks fit.
2: The person appointed to be Chairperson of the Authority shall be a barrister or solicitor of not less than 7 years' practice of the High Court, whether or not the person holds or has held judicial office.
3: Despite clause 9
4: For the purposes of any matter before the Authority, the Authority may co-opt any 1 or more persons whose qualifications or experience are likely, in the opinion of the Authority, to be of assistance to the Authority in dealing with that matter.
5: Every person co-opted under this section for the purposes of any matter shall be entitled to take part in the Authority's proceedings in relation to that matter, but shall not be entitled to vote thereon.
6: Where any person co-opted under this section fails to exercise, in relation to any matter, any right conferred on that person by subsection (5), that failure shall not affect the validity of any meeting, hearing, or other proceeding of the Authority in respect of that matter.
7: 1976 No 132 s 61(1), (2), (3), (9), (10), (11), (12); 1982 No 6 s 7(2) Section 26(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 26(1A) inserted 1 July 1996 section 10(1) Broadcasting Amendment Act 1996 Section 26(1B) inserted 1 July 1996 section 10(1) Broadcasting Amendment Act 1996 Section 26(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 26(7) repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Term of office of members of Authority
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004
28: Continuation of membership
1: Where the term of office of a person who is a member of the Authority expires or where a person who is a member of the Authority resigns his or her office, the Minister may request any such person to continue to act as if he or she were a member of the Authority for the purpose of any proceeding in which that person took part and that was
2: This section applies despite section 45 1976 No 132 s 63(6); 1982 No 6 s 8(1) Section 28(1) amended 14 March 2008 section 14 Broadcasting Amendment Act 2008 Section 28(2) added 25 January 2005 section 200 Crown Entities Act 2004
29: Delegation of functions or powers by Authority
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Rules in relation to retention of recordings of programmes
1: The Authority may from time to time make and promulgate rules in relation to broadcasters to ensure that recordings of programmes broadcast by them are retained by the broadcaster or some other person, and are able to be obtained by the broadcaster when required to do so by the Authority.
2: Any such rules may apply generally to all broadcasters, or may apply only to broadcasters of specified types or classes, and may from time to time be varied, amended, or revoked.
3: Any rules made under this section may require a broadcaster, when requested to do so by the Authority, to obtain recordings of programmes broadcast by that broadcaster and to make suitable arrangements to enable the Authority to view or hear any recordings held or obtained by the broadcaster.
4: Every person commits an offence and is liable on
5: Rules under this section are 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 30(1) substituted 1 July 2000 section 5(1) Broadcasting Amendment Act 2000 Section 30(3) substituted 1 July 2000 section 5(2) Broadcasting Amendment Act 2000 Section 30(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 30(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
30A: Return on total
1: Every broadcaster shall, not later than 31 July in each year, give to the Authority a return, for the broadcaster's immediately preceding financial year, of the total
2: The return—
a: shall be in such form and contain such particulars as the Authority may require; and
b: shall be accompanied by a certificate signed by an auditor and stating whether or not, in that auditor's opinion, the return represents a true and fair statement of the total
3: Notwithstanding subsection (2), a broadcaster may in any year satisfy the requirements of subsection (1) by giving to the Authority, not later than 31 July in that year, a copy of the broadcaster's financial statement for the financial year of the broadcaster to which the return relates, being a financial statement that contains a statement of the broadcaster's total
4: Where a broadcaster gives to the Authority in accordance with subsection (3) the broadcaster's financial statement for any financial year, the broadcaster's total Section 30A inserted 1 July 1996 section 13 Broadcasting Amendment Act 1996 Section 30A heading amended 20 September 2007 section 5(1) Broadcasting Amendment Act 2007 Section 30A(1) amended 20 September 2007 section 5(2) Broadcasting Amendment Act 2007 Section 30A(2)﻿(b) amended 20 September 2007 section 5(3) Broadcasting Amendment Act 2007 Section 30A(3) amended 20 September 2007 section 5(4) Broadcasting Amendment Act 2007 Section 30A(4) amended 20 September 2007 section 5(5) Broadcasting Amendment Act 2007
30B: Payment of annual levy
1: Where a return given to the Authority under section 30A section 30C
2: The annual levy shall be payable in respect of each financial year of the broadcaster during which programmes are broadcast within New Zealand by the broadcaster.
3: Where a broadcaster commences broadcasting within New Zealand during the financial year of the broadcaster to which the return under section 30A
4: The annual levy payable under subsection (1) shall be payable by the broadcaster not later than 31 July of the year in which the return is required to be given to the Authority. Section 30B inserted 1 July 1996 section 13 Broadcasting Amendment Act 1996 Section 30B(1) amended 20 September 2007 section 6 Broadcasting Amendment Act 2007
30C: Annual levy
The amount of the annual levy payable under section 30B a × b where—
a: is the broadcaster's total section 30A
b: is ﻿.﻿00051. Section 30C inserted 1 July 1996 section 13 Broadcasting Amendment Act 1996 Section 30C formula item a amended 20 September 2007 section 7 Broadcasting Amendment Act 2007
30D: Rebates
1: The Authority may grant to a broadcaster a rebate in respect of the whole or any part of the annual levy paid by that broadcaster under section 30B
2: In deciding whether or not to grant a rebate, the Authority shall have regard to—
a: whether or not the broadcaster ceased broadcasting during the financial year of the broadcaster in respect of which the levy was paid; and
b: the levy paid by the broadcaster. Section 30D inserted 1 July 1996 section 13 Broadcasting Amendment Act 1996
30E: Recovery of levies
Any annual levy that is not paid in accordance with this Act may be recovered from the broadcaster liable at the suit, and in the name, of the Authority in any court of competent jurisdiction. Section 30E inserted 1 July 1996 section 13 Broadcasting Amendment Act 1996
30F: Goods and services tax
The amount of the levy calculated under section 30B Goods and Services Tax Act 1985 Section 30F inserted 1  July 1996 section 13 Broadcasting Amendment Act 1996
30G: Offence
Every broadcaster commits an offence and is liable on section 30A Section 30G inserted 1 July 1996 section 13 Broadcasting Amendment Act 1996 Section 30G amended 1 July 2013 section 413 Criminal Procedure Act 2011
31: Funds of Authority
The funds of the Authority include all annual levies paid by broadcasters under section 30B Section 31 substituted 25 January 2005 section 200 Crown Entities Act 2004
32: Seal
Section 32 repealed 25 January 2005 section 200 Crown Entities Act 2004
33: Exemption from income tax
The income of the Authority shall be exempt from income tax.
34: Further provisions applying in respect of Authority
The provisions set out in Schedule 1
4: Broadcasting Commission
35: Establishment of Commission
1: There is hereby established a Commission to be called the Broadcasting Commission.
2: The Commission is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 35(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 35(3) added 25 January 2005 section 200 Crown Entities Act 2004
36: Functions of Commission
1: The primary functions
a: to reflect and develop New Zealand identity and culture by—
i: promoting programmes about New Zealand and New Zealand interests; and
ii: promoting Maori language and Maori culture; and
b: to maintain and, where the Commission considers that it is appropriate, extend the coverage of television and sound radio broadcasting to New Zealand communities that would otherwise not receive a commercially viable signal; and
c: to ensure that a range of broadcasts is available to provide for the interests of—
i: women; and
ii: youth; and
iii: children; and
iv: persons with disabilities; and
v: minorities in the community including ethnic minorities; and
ca: to encourage a range of broadcasts that reflects the diverse religious and ethical beliefs of New Zealanders; and
d: to encourage the establishment and operation of archives of programmes that are likely to be of historical interest in New Zealand— by making funds available, on such terms and conditions as the Commission thinks fit, for—
e: broadcasting; and
f: the production of programmes to be broadcast; and
g: the archiving of programmes.
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: transmitting on demand; and
b: producing content for transmitting on demand; and
c: archiving content. Section 36(1) amended 14 March 2008 section 5(1) Broadcasting Amendment Act 2008 Section 36(1)﻿(c) substituted 1 July 2000 section 6(1) Broadcasting Amendment Act 2000 Section 36(1)﻿(ca) inserted 1 July 2000 section 6(2) Broadcasting Amendment Act 2000 Section 36(2) added 14 March 2008 section 5(2) Broadcasting Amendment Act 2008
37: Promotion of New Zealand content in programming
The Commission shall, in the exercise of its functions under sections 36(1)﻿(a)
a: consult from time to time with—
i: persons who have an interest in New Zealand broadcasting and the production of programmes in New Zealand; and
ia: persons who have an interest in transmitting on demand in New Zealand and the production of content in New Zealand; and
ii: representatives of consumer interests in relation to broadcasting and transmitting on demand
iii: representatives of Maori interests,— being in each case persons or representatives who can, in the opinion of the Commission, assist in the development of the Commission's funding policies; and
b: promote, in its funding of the production of programmes and content, a sustained commitment by—
i: television and radio broadcasters to programming reflecting New Zealand identity and culture; and
ii: persons who transmit on demand to content reflecting New Zealand identity and culture; and
c: ensure that, in its funding of the production of television programmes, reasonable provision is made to assist in the production of drama and documentary programmes; and
d: ensure that, in its funding of sound radio broadcasting, reasonable provision is made to assist in the production and broadcasting of drama programmes and in the broadcasting of New Zealand music. Section 37 amended 14 March 2008 section 6(1) Broadcasting Amendment Act 2008 Section 37(a)﻿(ia) inserted 14 March 2008 section 6(2) Broadcasting Amendment Act 2008 Section 37(a)﻿(ii) amended 14 March 2008 section 6(3) Broadcasting Amendment Act 2008 Section 37(b) substituted 14 March 2008 section 6(4) Broadcasting Amendment Act 2008
38: Powers of Commission
Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004
39: Matters to be taken into account in relation to funding proposals
The Commission, in assessing any proposal for the Commission to make funds available for broadcasting or transmitting on demand, or for the production of any programme to be broadcast or content to be transmitted on demand, must
a: the extent to which the persons seeking the funding for the project to which the proposal relates have sought and secured funding or other resources for the project from sources other than the Commission; and
b: the potential size of the audience likely to benefit from the project to which the proposal relates; and
c: in the case of a project to maintain or extend the coverage of television broadcasting or sound radio broadcasting, the extent of the likely benefit to the consumers of broadcasting services affected by the project in relation to the cost of the project; and
d: in the case of a proposal for the production of any programme or content proposed programme or content
i: the Commission meeting its objectives under more than 1 of the categories specified in section 36(1)﻿(a) and (c) and (2)﻿(b)
ii: the availability of a balanced range of programmes and content
e: in the case of a proposal for the production of any programme or content, the likelihood that the proposed programme or content, if produced, would be broadcast or transmitted on demand. Section 39 amended 14 March 2008 section 7(1) Broadcasting Amendment Act 2008 Section 39(d) amended 14 March 2008 section 7(2) Broadcasting Amendment Act 2008 Section 39(d) amended 14 March 2008 section 7(3) Broadcasting Amendment Act 2008 Section 39(d)﻿(i) amended 14 March 2008 section 7(4) Broadcasting Amendment Act 2008 Section 39(d)﻿(ii) amended 14 March 2008 section 7(5) Broadcasting Amendment Act 2008 Section 39(e) substituted 14 March 2008 section 7(6) Broadcasting Amendment Act 2008
39A: Funding policies
The Commission and Te Reo Whakapuaki Irirangi shall, in carrying out their respective functions under this Act, each have regard to the funding policies adopted by the other. Section 39A inserted 1  July 1993 section 7 Broadcasting Amendment Act 1993
40: Requirements in relation to standards
The Commission shall require from recipients of funding from the Commission in relation to the production of any programme or content for broadcast the programme or content section 4(1) Section 40 amended 14 March 2008 section 8(1) Broadcasting Amendment Act 2008 Section 40 amended 14 March 2008 section 8(2) Broadcasting Amendment Act 2008
41: Requirements in relation to equal employment opportunities
The Commission may decline to make funds available under section 36
42: Prohibition in relation to certain directions
Nothing in this Act or the Crown Entities Act 2004 section 36 Section 42 amended 25 January 2005 section 200 Crown Entities Act 2004
43: Contracts in relation to use of funds
In making funds available under section 36
a: invite competitive proposals for the use of funds made available by the Commission; and
b: ensure by the terms of contracts that the recipients of the funds are obliged both to attain specified standards of performance and to account for the use of the funds; and
c: adopt measures to ensure that recipients of funds comply with the terms referred to in paragraph (b).
44: Commission to have regard to Government policy
1: The Minister may not give a direction to the Commission in relation to cultural matters.
1A: The Minister shall ensure that at all material times the Minister has
2: 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
a: any programme or content; or
b: the gathering or presentation of news or the preparation or presentation of any current affairs programme or content
3: 1976 No 132 s 20(1), (2)﻿(a), (b), (c), (4), (5); 1982 No 6 s 4(1) Section 44(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 44(1A) inserted 1 December 1995 section 20 Radio New Zealand Act 1995 Section 44(1A) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 44(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 44(2)﻿(a) substituted 14 March 2008 section 9(1) Broadcasting Amendment Act 2008 Section 44(2)﻿(b) amended 14 March 2008 section 9(2) Broadcasting Amendment Act 2008 Section 44(3) repealed 25 January 2005 section 200 Crown Entities Act 2004
45: Membership of Commission
The board of the Commission consists of not less than 3, and not more than 6, members. Section 45 substituted 25 January 2005 section 200 Crown Entities Act 2004
46: Term of office of members of Commission
Section 46 repealed 25 January 2005 section 200 Crown Entities Act 2004
47: Public broadcasting fees
Section 47 repealed 1 July 2000 section 11(a) Broadcasting Amendment Act 1999
48: Funds of Commission
Section 48 repealed 25 January 2005 section 200 Crown Entities Act 2004
49: Administrative expenses
Section 49 repealed 1 July 2000 section 11(c) Broadcasting Amendment Act 1999
50: Refund of amount of administrative expenses
Section 50 repealed 1 July 2000 section 11(d) Broadcasting Amendment Act 1999
51: Exemption from income tax
The income of the Commission shall be exempt from income tax.
52: Seal
Section 52 repealed 25 January 2005 section 200 Crown Entities Act 2004
53: Further provisions applying in respect of Commission
The provisions set out in Schedule 1
4A: Te Reo Whakapuaki Irirangi
Part 4A inserted 1 July 1993 section 8 Broadcasting Amendment Act 1993
53A: Establishment of Te Reo Whakapuaki Irirangi
1: There is hereby established an agency to be called Te Reo Whakapuaki Irirangi.
2: The Agency is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 53A inserted 1 July 1993 section 8 Broadcasting Amendment Act 1993 Section 53A(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 53A(3) added 25 January 2005 section 200 Crown Entities Act 2004
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: broadcasting; and
b: producing programmes for broadcasting; and
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: transmitting on demand; and
b: producing content for transmitting on demand; and
c: archiving content ; and
d: other activities to promote the Māori language and Māori culture. Section 53B substituted 14 March 2008 section 10 Broadcasting Amendment Act 2008 Section 53B(2)﻿(c) amended 30 April 2016 section 50 Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 Section 53B(2)﻿(d) inserted 30 April 2016 section 50 Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016
53C: Consultation
Te Reo Whakapuaki Irirangi shall, in the exercise of its functions section 53B persons who transmit on demand, Section 53C inserted 1 July 1993 section 8 Broadcasting Amendment Act 1993 Section 53C amended 14 March 2008 section 11(1) Broadcasting Amendment Act 2008 Section 53C amended 14 March 2008 section 11(2) Broadcasting Amendment Act 2008
53D: Powers of Te Reo Whakapuaki Irirangi
Section 53D repealed 25 January 2005 section 200 Crown Entities Act 2004
53E: Matters to be taken into account in relation to funding proposals
Te Reo Whakapuaki Irirangi, in assessing any proposal for Te Reo Whakapuaki Irirangi to make funds available for broadcasting or transmitting on demand, or the production of any programme to be broadcast or content to be transmitted on demand, must
a: the extent to which the persons seeking the funding for the project to which the proposal relates have sought and secured funding or other resources for the project from sources other than Te Reo Whakapuaki Irirangi; and
b: the potential size of the audience likely to benefit from the project to which the proposal relates; and
c: the extent to which the intended audience involved has access to services that have as their primary aim the promotion of Maori language and Maori culture; and
d: in the case of a proposal for the production of any programme or content, the extent to which the proposed programme or content would contribute to Te Reo Whakapuaki Irirangi fulfilling its functions under section 53B
e: in the case of a proposal for the production of any programme or content, the likelihood that the proposed programme or content, if produced, would be broadcast or transmitted on demand; and
f: the needs and preferences of—
i: children participating in te reo Māori immersion education; and
ii: all persons learning te reo Māori. Section 53E inserted 1 July 1993 section 8 Broadcasting Amendment Act 1993 Section 53E amended 14 March 2008 section 12(1) Broadcasting Amendment Act 2008 Section 53E(d) substituted 14 March 2008 section 12(2) Broadcasting Amendment Act 2008 Section 53E(e) substituted 14 March 2008 section 12(3) Broadcasting Amendment Act 2008 Section 53E(f) added 8 May 2003 section 59 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003
53F: Requirements in relation to standards
Te Reo Whakapuaki Irirangi shall require from recipients of funding from Te Reo Whakapuaki Irirangi in relation to the production of a programme or programmes, in such form as Te Reo Whakapuaki Irirangi shall determine, undertakings that the programme or programmes will be consistent with the standards specified in section 4(1) Section 53F inserted 1 July 1993 section 8 Broadcasting Amendment Act 1993
53G: Requirements in relation to equal employment opportunities
Te Reo Whakapuaki Irirangi may decline to make funds available under section 53B Section 53G inserted 1 July 1993 section 8 Broadcasting Amendment Act 1993
53H: Contracts in relation to use of funds
In making funds available under section 53B
a: invite competitive proposals for the use of funds made available by Te Reo Whakapuaki Irirangi; and
b: ensure by the terms of contracts that the recipients of the funds are obliged both to attain specified standards of performance and to account for the use of the funds; and
c: adopt measures to ensure that recipients of funds comply with the terms referred to in paragraph (b). Section 53H inserted 1 July 1993 section 8 Broadcasting Amendment Act 1993
53I: Membership of Te Reo Whakapuaki Irirangi
The board of Te Reo Whakapuaki Irirangi consists of not more than 5 members appointed by the Minister for Māori Development in accordance with section 42 Section 53I substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 53I amended 30 April 2016 section 50 Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016
53J: Term of office of members of Te Reo Whakapuaki Irirangi
Section 53J repealed 25 January 2005 section 200 Crown Entities Act 2004
53K: Funds of Te Reo Whakapuaki Irirangi
Section 53K repealed 25 January 2005 section 200 Crown Entities Act 2004
53L: Payment of funds to Te Reo Whakapuaki Irirangi by Commission
Section 53L repealed 1 July 2000 section 11(f) Broadcasting Amendment Act 1999
53M: Administrative expenses
Section 53M repealed 1 July 2000 section 11(g) Broadcasting Amendment Act 1999
53N: Refund of amount of administrative expenses
Section 53N repealed 1 July 2000 section 11(h) Broadcasting Amendment Act 1999
53O: Exemption from income tax
The income of Te Reo Whakapuaki Irirangi shall be exempt from income tax. Section 53O inserted 1 July 1993 section 8 Broadcasting Amendment Act 1993
53P: Seal
Section 53P repealed 25 January 2005 section 200 Crown Entities Act 2004
53Q: Crown entity
Section 53Q repealed 25 January 2005 section 200 Crown Entities Act 2004
53R: Further provisions applying in respect of Te Reo Whakapuaki Irirangi
1: The provisions set out in Schedule 1
2: Section 53R inserted 1 July 1993 section 8 Broadcasting Amendment Act 1993 Section 53R(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
53S: Te Reo Whakapuaki Irirangi to have regard to Government policy
1:
2: The Minister
a: any programme or content; or
b: the gathering or presentation of news or the preparation or presentation of any current affairs programme or content
3: Subsection (2) applies despite subpart 1 Section 53S inserted 1 July 2000 section 8 Broadcasting Amendment Act 2000 Section 53S(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 53S(2) amended 10 April 2003 section 4(2) Broadcasting Amendment Act 2003 Section 53S(2)﻿(a) substituted 14 March 2008 section 13(1) Broadcasting Amendment Act 2008 Section 53S(2)﻿(b) amended 14 March 2008 section 13(2) Broadcasting Amendment Act 2008 Section 53S(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
5: Restrictions on broadcasting by overseas persons
Part 5 repealed 7 May 1991 Broadcasting Amendment Act 1991
54: Interpretation
Section 54 repealed 7 May 1991 Broadcasting Amendment Act 1991
55: Shareholding interests
Section 55 repealed 7 May 1991 Broadcasting Amendment Act 1991
56: Control of voting rights
Section 56 repealed 7 May 1991 Broadcasting Amendment Act 1991
57: Shareholding interests derived through other companies
Section 57 repealed 7 May 1991 Broadcasting Amendment Act 1991
58: Shareholding interests derived by overseas persons through other companies
Section 58 repealed 7 May 1991 Broadcasting Amendment Act 1991
59: Aggregation of shareholding interests
Section 59 repealed 7 May 1991 Broadcasting Amendment Act 1991
60: Exemption in respect of life insurance companies
Section 60 repealed 7 May 1991 Broadcasting Amendment Act 1991
61: Restriction on broadcasting by overseas person
Section 61 repealed 7 May 1991 Broadcasting Amendment Act 1991
62: Restriction on overseas ownership of broadcaster
Section 62 repealed 7 May 1991 Broadcasting Amendment Act 1991
63: Special provisions in respect of ownership by overseas person of shareholding interest in company broadcasting sound radio programmes only
Section 63 repealed 7 May 1991 Broadcasting Amendment Act 1991
64: Special provision in respect of incidental acquisition of shares
Section 64 repealed 7 May 1991 Broadcasting Amendment Act 1991
65: Special provision in respect of ownership by life insurance company of shareholding interest in company that broadcasts programmes
Section 65 repealed 7 May 1991 Broadcasting Amendment Act 1991
66: Offence
Section 66 repealed 7 May 1991 Broadcasting Amendment Act 1991
67: Exception in relation to broadcasting outside New Zealand
Section 67 repealed 7 May 1991 Broadcasting Amendment Act 1991
68: Exception in respect of shareholding interests held immediately before 17 May 1989
Section 68 repealed 7 May 1991 Broadcasting Amendment Act 1991
6: Electoral broadcasting
Part 6 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
69: Interpretation
1: In this Part, unless the context otherwise requires,— broadcaster
a: a television broadcaster:
b: a radio broadcaster broadcasting costs
a: means the costs incurred in broadcasting the election programme; but
b: does not include any production costs incurred in respect of that programme candidate election programme section 70(3) constituency candidate section 3(1) election
a: a general election:
b: a by-election election period
a: beginning with writ day; and
b: ending with the close of the day preceding polling day election programme
a: encourages or persuades, or appears to encourage or persuade, voters to vote for a party or the election of a constituency candidate; or
b: encourages or persuades, or appears to encourage or persuade, voters not to vote for a party or the election of a constituency candidate; or
c: advocates support for a constituency candidate or for a party; or
d: opposes a constituency candidate or a political party; or
e: notifies meetings held or to be held in connection with an election party party election programme production costs programme publishing costs
a: means the costs incurred in publishing an election advertisement; but
b: does not include any production costs incurred in respect of that advertisement Register of Political Parties section 62(2)
2: In this Part, the following terms have the meanings given to them by section 3(1)
a: by-election
b: candidate advertisement
c: election advertisement
d: Electoral Commission
e: general election
f: polling day
g: writ day 1989 No 25 s 69 Section 69 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
69A: Limited application of this Part to by-elections
Section 69A repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 Provisions applying to broadcasters Heading inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
70: Broadcasting election programmes
1: Except as provided in subsections (2) and (3), a broadcaster may not, at any time, broadcast an election programme.
2: A broadcaster may, for the purpose of a general election, broadcast an election programme if—
a: the programme is promoted by a party or group of related parties; and
b: the programme is broadcast during the election period; and
c: the broadcasting costs are paid from money allocated to the party or group of related parties under section 79
3: A broadcaster may, for the purposes of a general election or by-election, broadcast an election programme if that programme—
a: is promoted by—
i: a constituency candidate; or
ii: a party with the authority of a constituency candidate; and
b: relates solely to the constituency candidate at the election; and
c: encourages or persuades, or appears to encourage or persuade, voters to vote for that candidate; and
d: is broadcast during the election period for the election; and
e: is broadcast for a fee that may, but need not, be paid from money allocated to a party or group of related parties under section 79
4: Nothing in this section restricts—
a: the broadcasting, in relation to an election, of news or comments or current affairs programmes; or
b: the broadcasting of any non-partisan advertisement, as a community service, by a broadcaster. 1989 No 25 s 70 Section 70 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
70A: Obligation of political parties to give notice to Electoral Commission
Section 70A repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
70B: Time by which notice must be given
Section 70B repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
70C: Particulars of notice
Section 70C repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
70D: Persons deemed to be candidates
Section 70D repealed 7 December 2004 section 9 Broadcasting Amendment Act 2004
71: Hours during which broadcast of election programmes prohibited
1: A television broadcaster may not broadcast election programmes—
a: during the hours between 6 am and noon on—
i: Sunday; or
ii: Anzac Day; or
b: on—
i: Christmas Day; or
ii: Good Friday; or
iii: Easter Sunday.
2: A radio broadcaster may not broadcast election programmes on—
a: Christmas Day; or
b: Good Friday; or
c: Easter Sunday. 1989 No 25 s 79A Section 71 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
71A: Electoral Commission to ascertain time available for opening addresses and closing addresses
Section 71A repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
72: Obligation to give identical terms to each party or constituency candidate
1: A broadcaster may not offer or give to any party terms for broadcasting time that are more favourable than those offered or given to any other party that buys, or expresses an interest in buying, comparable time from that broadcaster.
2: A broadcaster may not offer or give to any constituency candidate terms for broadcasting time that are more favourable than those offered or given to any other constituency candidate who buys, or expresses an interest in buying, comparable time from that broadcaster. 1989 No 25 s 79B Section 72 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
72A: Limits on amount of time
Section 72A repealed 28 August 1990 section 8 Broadcasting Amendment Act (No 2) 1990
72B: Radio election programmes confined to broadcasting stations that broadcast advertising programmes
Section 72B repealed 28 August 1990 section 8 Broadcasting Amendment Act (No 2) 1990
73: Programme standards in relation to election programmes
Section 4(1)﻿(d) 1989 No 25 s 79 Section 73 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
73A: Obligation of political parties to give notice to Authority
Section 73A repealed 28 August 1990 section 8 Broadcasting Amendment Act (No 2) 1990 Funding for election programmes and election advertisements in relation to general election Heading inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
74: Public money to be appropriated for funding election programmes and election advertising in relation to general election
1: In relation to each general election, the Minister of Justice must give notice to the Electoral Commission of the amount of money appropriated by Parliament for the purpose of enabling parties to fund—
a: all of the broadcasting costs incurred in relation to the broadcast of party election programmes; and
b: all or part of the broadcasting costs incurred in relation to the broadcast of candidate election programmes; and
c: all or part of the production costs, whenever incurred, in relation to—
i: party election programmes; and
ii: candidate election programmes; and
d: all or part of the publishing costs incurred in relation to the publication of election advertisements on the Internet during the election period; and
e: all or part of production costs, whenever incurred, in relation to election advertisements published on the Internet—
i: during the election period; or
ii: before and during the election period.
2: The Electoral Commission must decide, under section 79
3: For a general election that takes place after 2017 (a subsequent general election section 79
4: An amount of money deemed by subsection (3) to have been appropriated by Parliament for the purposes specified in that subsection is payable out of public money for those purposes without further appropriation than this section. 1989 No 25 ss 74 74A(1) Section 74 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
74A: Allocation of money to political parties
Section 74A repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
74B: Application and payment of allocation
Section 74B repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
75: Electoral Commission to set date for parties to notify qualification for allocation
1: In every year in which Parliament is due to expire, the Electoral Commission must specify, by notice in the Gazette section 74
2: The date specified under subsection (1) may be a date before the beginning of the election period that will apply in relation to the general election to be held in that year. 1989 No 25 s 70A(1), (2) Section 75 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
75A: Consultation with broadcasters
Section 75A repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
76: Parties to give notice of qualification
1: A party that considers it will be qualified under section 78(1)﻿(b) section 74
2: A notice must—
a: be in writing; and
b: be provided to the Electoral Commission no later than the date specified under section 75(1)
3: A notice must include—
a: the full name of the party; and
b: the contact details of the person providing the notice and the capacity in which he or she provides the notice; and
c: the contact details of the secretary of the party, if the secretary is not providing the notice; and
d: a statement that—
i: the party is registered on the Register of Political Parties; or
ii: the party has applied for registration on the Register of Political Parties; or
iii: the party intends to apply for registration on the Register of Political Parties so as to be registered on that register at the date of dissolution or expiry of Parliament; and
e: details of any relationships that may exist between the party and any other party in New Zealand that the Electoral Commission may need to take into account in allocating money to political parties; and
f: whether the party intends to submit a list under section 127 1989 No 25 ss 70A(3) 70B 70C Section 76 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
76A: Power of Electoral Commission to vary allocations
Section 76A repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
76B: Recovery of money from political party
Section 76B repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
76C: Procedure in relation to early elections
Section 76C repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
76D: Modifications to application of this Part if section 76C applies
Section 76D repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
77: Consultation with parties
1: Before making any allocation of the money referred to in section 74 section 76
a: meet with the Electoral Commission; and
b: be heard by the Electoral Commission.
2: The failure of a party to make use of an opportunity afforded under subsection (1), or to comply with any request of the Electoral Commission, does not—
a: prevent the Electoral Commission from making an allocation of money; or
b: affect the validity of any allocation of money made, or not made, to a party. 1989 No 25 s 76 Section 77 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
77A: Opening addresses and closing addresses
Section 77A repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
77B: Duration of television programmes
Section 77B repealed 28 August 1990 section 8 Broadcasting Amendment Act (No 2) 1990
78: Criteria for allocating money to party
1: A party may only receive an allocation of the money referred to in section 74
a: has provided to the Electoral Commission a notice in accordance with section 76
b: was registered on the Register of Political Parties at the time of the dissolution or expiry of Parliament.
2: In allocating money to a party, the Electoral Commission must have regard to—
a: the number of persons who voted at the immediately preceding general election for that party and for candidates belonging to that party; and
b: the number of persons who voted at any by-election held since the immediately preceding general election for any candidate belonging to that party; and
c: the number of members of Parliament who were members of that party immediately before the dissolution or expiration of Parliament; and
d: any relationships that exist between a party and any other party; and
e: any other indications of public support for that party, such as the results of public opinion polls and the number of persons who are members of that party; and
f: the need to provide a fair opportunity for each party to which subsection (1) applies to convey its policies to the public by the broadcasting of election programmes on television. 1989 No 25 s 75(1), (2) Section 78 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
79: Allocation decision
1: The Electoral Commission’s decision on how the money referred to in section 74
a: must set out the allocations (which must be in any proportions that the Electoral Commission thinks fit); and
b: may include conditions as to the manner in which a party is to spend its allocation.
2: An allocation may be made to a group of related parties.
3: An allocation may not be made to an individual party if that party is to receive an allocation as part of a group of related parties.
4: A condition included in a decision under subsection (1)﻿(b) may require a party to advise the Electoral Commission of the value of election programme bookings made by the party.
5: If the Electoral Commission decides to allocate money to a party, the Electoral Commission must give a copy of its decision to—
a: the party secretary; and
b: the Secretary for Justice.
6: A decision under this section may be made—
a: before the beginning of the relevant election period; or
b: during the relevant election period. 1989 No 25 ss 74A(2)–(5) 75(3) Section 79 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
79A: Hours during which election programmes prohibited
Section 79A repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
79B: Obligation to give identical terms to each political party or candidate
Section 79B repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
79C: Returns in relation to broadcasting time
Section 79C repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
79D: Returns to be available for public inspection
Section 79D repealed 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
80: Electoral Commission may vary allocation
1: The Electoral Commission may vary a decision made under section 79
a: does not accept that allocation; or
b: ceases to be registered; or
c: fails to submit a list of candidates for election under section 127
d: fails to comply with any conditions imposed by the Electoral Commission under section 79(1)﻿(b)
2: The Electoral Commission may also vary a decision made under section 79
3: The Electoral Commission may vary a decision made under section 79
a: meet with the Electoral Commission; or
b: comment on the proposed variation.
4: In varying a decision made under section 79
a: the views of parties received in the course of consultations undertaken in accordance with section 77
b: the matters specified in sections 78 79(3)
5: If an allocation of money made to a party has been spent (in whole or in part), the Electoral Commission must not vary that allocation unless—
a: the registration of the party is cancelled under section 70
b: the party secretary has failed to submit a list of candidates for election under section 127 1989 No 25 s 76A Section 80 replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
80A: How allocation may be used
1: A party or group of related parties that receives an allocation under section 79(1)﻿(a)
a: may only use that money for the purposes specified in section 74(1)
b: must comply with any conditions imposed under section 79(1)﻿(b)
2: Nothing in this Part restricts the amount of money that a party or group of related parties may spend, subject to the expenditure limitations prescribed by or under the Electoral Act 1993, on—
a: broadcasting costs in relation to candidate election programmes; or
b: publication costs in relation to election advertisements; or
c: production costs in relation to—
i: party election programmes; or
ii: candidate election programmes; or
iii: election advertisements. 1989 No 25 ss 70(2A) 74B(1) Section 80A replaced 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
80B: Payment of allocation
1: A party to which an amount of money is allocated under section 79
a: all accounts issued to the party in respect of the expenditure by that party of its allocation; and
b: any information in relation to those accounts that the Electoral Commission requires.
2: No account that the Electoral Commission receives from a party after the end of the period specified in subsection (1) may be paid by the Electoral Commission, either in part or in full, from the amount of money allocated to that party under section 79
3: When the Electoral Commission is satisfied that any account or a part of any account should be paid, the Electoral Commission must, from the money it received under section 74(1)
4: An amount of money that has been allocated to a party under section 79 1989 No 25 s 74B(2)–(5) Section 80B inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
80C: Apportionment of publishing costs incurred in relation to election advertisements published both before and during election period
1: This section applies if an election advertisement is published for a party or a candidate on the Internet both before the commencement of the election period and during the election period.
2: If this section applies, only the publishing costs attributable to the publication of the election advertisement during the election period are payable from money allocated under section 79 Section 80C inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
80D: Cost funded from party allocation not party election expense
1: Any cost specified in section 74(1) section 79 section 206I
2: However, any cost specified in section 74(1) section 79
a: to the extent that programme or advertisement is a candidate election programme or candidate advertisement, a candidate donation that must be included by the candidate in his or her return of donations under section 209
b: to the extent that programme or advertisement is a candidate advertisement, an election expense of a candidate that must be included by the candidate in his or her return of election expenses under section 205K Section 80D inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
80E: Return of party’s allocation expenses
A party secretary must file with the Electoral Commission under section 206IA Section 80E inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
80F: Recovery of money from party
1: Where effect has been given in whole or in part to an allocation made under section 79 section 80
2: Where the Electoral Commission makes a determination under subsection (1),—
a: the Electoral Commission must give a copy of that determination to both the party secretary and the Secretary for Justice; and
b: the Secretary for Justice may recover from the party as a debt due to the Crown the amount specified in the determination as being repayable to the Crown by the party. 1989 No 25 s 76B Section 80F inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
80G: Procedure in relation to early elections
1: This section applies if, at the time Parliament is dissolved or expires,—
a: the Electoral Commission has not specified a date under section 75
b: the Electoral Commission has specified such a date, but that date has not yet passed.
2: If this section applies, this Part applies subject to the modifications specified in section 80H 1989 No 25 s 76C Section 80G inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
80H: Modification to application of this Part if section 80G applies
If section 80G
a: section 75(1) In every year in which Parliament is due to expire At the earliest available opportunity
b: section 76(3) a statement that the party was registered on the Register of Political Parties at the time of the dissolution or expiry of Parliament (as the case may be); and
c: the Electoral Commission may set, for the consultation required under section 77 1989 No 25 s 76D Section 80H inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 Offences Heading inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
80I: Offences relating to broadcasting
A person commits an offence and is liable on conviction to a fine not exceeding $100,000 if the person—
a: fails to comply with—
i: section 70
ii: section 71
iii: section 72
b: in an election period, arranges for the broadcasting of an election programme for or on behalf of a political party that is contrary to section 70 1989 No 25 s 80 Section 80I inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
80J: Duty to report suspected offences
If the Electoral Commission believes that any person has committed an offence against section 80I 1989 No 25 s 80A Section 80J inserted 21 March 2017 section 4 Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
7: Miscellaneous provisions
81: Advertising hours
1: Subject to subsection (4), no broadcaster shall broadcast advertising programmes on television—
a: during the hours between 6 am and noon on—
i: Sunday; or
ii: Anzac Day; or
b: on—
i: Christmas Day; or
ii: Good Friday; or
iii: Easter Sunday.
2: Subject to subsection (4), no broadcaster shall broadcast advertising programmes on sound radio on—
a: Christmas Day; or
b: Good Friday; or
c: Easter Sunday.
3: Every person commits an offence and is liable on
4: Nothing in this section prevents the inclusion in any programme broadcast on television or sound radio of a credit in respect of a sponsorship or underwriting arrangement entered into in relation to that programme.
5: Nothing in this section applies to any programme broadcast on television, where the signal for that programme—
a: originates outside New Zealand; and
b: is produced and transmitted simultaneously to both New Zealand audiences and audiences outside New Zealand; and
c: is targeted primarily at audiences outside New Zealand.
6: Nothing in this section prevents the broadcasting of advertising programmes on any broadcasting service that is primarily directed at persons temporarily resident in holiday accommodation. 1976 No 132 s 73A; 1985 No 61 s 6 Section 81(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 81(5) added 8 July 1993 section 20 Broadcasting Amendment Act 1993 Section 81(6) added 8 July 1993 section 20 Broadcasting Amendment Act 1993
82: Regulations
Section 82 repealed 1 July 2000 section 11(i) Broadcasting Amendment Act 1999
83: Amendment to Commerce Act 1986
Section 83 repealed 1 January 1991 section 46 Commerce Amendment Act 1990
84: Amendment to State-Owned Enterprises Amendment Act 1987
(1)–(2): Amendment(s) incorporated in the Act(s).
3: This section shall be deemed to have come into force on 1 December 1988.
85: Amendment to State-Owned Enterprises Act 1986
Section 85 repealed 21 December 1992 section 42 Public Finance Amendment Act 1992
86: Amendment to Telecommunications Act 1987
Amendment(s) incorporated in the Act(s)
87: Amendment to State-Owned Enterprises Amendment Act (No 4) 1988
Amendment(s) incorporated in the Act(s).
88: Consequential amendments
The enactments specified in Schedule 2
89: Repeals and savings
1: The enactments specified in Schedule 3
2: Without limiting the provisions of the Interpretation Act 1999
a:
b: the Local Authorities (Members' Interests) Act 1968
c: the Queen Elizabeth the Second Arts Council of New Zealand Act 1974
d: the Official Information Act 1982
e: the Civil Defence Act 1983. Section 89(2) amended 1 November 1999 section 38(1) Interpretation Act 1999 Section 89(2)﻿(a) repealed 1 January 1995 section 236(2) Copyright Act 1994
90: Revocations
The regulations and order specified in Schedule 4
91: Savings and transitional provisions in relation to public broadcasting fee
Section 91 repealed 1 July 2000 section 11(j) Broadcasting Amendment Act 1999
92: Transitional provision in relation to broadcasting station levies
Section 92 repealed 14 March 2008 section 15(a) Broadcasting Amendment Act 2008
93: Transitional provisions in relation to Broadcasting Tribunal
Section 93 repealed 14 March 2008 section 15(b) Broadcasting Amendment Act 2008
94: Transitional provisions in relation to appeals under Broadcasting Act 1976
Section 94 repealed 14 March 2008 section 15(c) Broadcasting Amendment Act 2008
95: Transitional provision in relation to radio apparatus licences
Section 95 repealed 14 March 2008 section 15(d) Broadcasting Amendment Act 2008
96: Final Report of Broadcasting Tribunal
Section 96 repealed 14 March 2008 section 15(e) Broadcasting Amendment Act 2008
97: Transitional provision relating to funding of New Zealand Symphony Orchestra Limited
Section 97 repealed 6 April 2004 section 36 New Zealand Symphony Orchestra Act 2004
98: Transitional provision in relation to restrictions on broadcasting by overseas persons
1: Subject to subsection (2), any approval given by the Broadcasting Tribunal before 1 July 1989 under any provision of Part 5 of the Broadcasting Regulations 1977 so far as it is subsisting or in force at the time of the revocation of those regulations and could have been given by the Minister under Part 5
2: Any approval that has effect by virtue of subsection (1) may at any time be withdrawn by the Minister; and any condition subject to which any such approval was given may from time to time be revoked, varied, or added to by the Minister.