Broadcasting Amendment Act 2008

1: Title
This Act is the Broadcasting Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-03-14 Broadcasting Act 1989
3: Principal Act amended
This Act amends the Broadcasting Act 1989
1: Amendments to Broadcasting Act 1989
4: Interpretation
Section 2(1) 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 transmit on demand .
5: Functions of Commission
1: Section 36 The functions The primary functions
2: Section 36
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.
6: Promotion of New Zealand content in programming
1: Section 37 section 36(a) sections 36(1)﻿(a) and 36(2)﻿(a) and (b)
2: Section 37
ia: persons who have an interest in transmitting on demand in New Zealand and the production of content in New Zealand; and .
3: Section 37(a)﻿(ii) and transmitting on demand broadcasting
4: Section 37
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 .
7: Matters to be taken into account in relation to funding proposals
1: Section 39 broadcasting or for the production of a programme or programmes to be broadcast, shall broadcasting or transmitting on demand, or for the production of any programme to be broadcast or content to be transmitted on demand, must
2: Section 39(d) a programme or programmes any programme or content
3: Section 39(d) proposed programme or programmes proposed programme or content
4: Section 39(d)﻿(i) paragraphs (a) and (c) of section 36 of this Act section 36(1)﻿(a) and (c) and (2)﻿(b)
5: Section 39(d)﻿(ii) and content programmes
6: Section 39
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.
8: Requirements in relation to standards
1: Section 40 a programme or programmes any programme or content for broadcast
2: Section 40 the programme or programmes, the programme or content
9: Commission to have regard to Government policy
1: Section 44(2)
a: any programme or content; or
2: Section 44(2)﻿(b) current affairs programmes any current affairs programme or content
10: New section 53B substituted
Section 53B
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.
11: Consultation
1: Section 53C function functions
2: Section 53C persons who transmit on demand, broadcasters,
12: Matters to be taken into account in relation to funding proposals
1: Section 53E broadcasting or for the production of a programme or programmes to be broadcast, shall broadcasting or transmitting on demand, or the production of any programme to be broadcast or content to be transmitted on demand, must
2: Section 53E
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; and .
3: Section 53E
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 .
13: Te Reo Whakapuaki Irirangi to have regard to Government policy
1: Section 53S(2)
a: any programme or content; or .
2: Section 53S(2)﻿(b) current affairs programmes any current affairs programme or content
2: Miscellaneous
14: Stylistic amendments to Broadcasting Act 1989
The Broadcasting Act 1989 Schedule
15: Spent sections of Broadcasting Act 1989 repealed
The following spent sections of the Broadcasting Act 1989
a: section 92
b: section 93
c: section 94
d: section 95
e: section 96
16: Remedial technical amendment to Television New Zealand Act 2003
1: This section amends the Television New Zealand Act 2003
2: The item relating to the Broadcasting Act 1989 Schedule 1 Preamble Long Title 2008-03-14 Television New Zealand Act 2003