New Zealand Film Commission Act 1978

1: Short Title and commencement
1: This Act may be cited as the New Zealand Film Commission Act 1978.
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 13 November 1978 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
In this Act, unless the context otherwise requires,— Commission section 3 film Minister Section 2 appointed member repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2 financial year repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2 Minister substituted 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 24 October 2019 section 90 Statutes Amendment Act 2019 Constitution
3: New Zealand Film Commission
1: There is hereby established a Commission to be called the New Zealand Film Commission.
2: The Commission is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: The Commission consists of not less than 6 or more than 9 persons.
5: Members of the Commission are the board for the purposes of the Crown Entities Act 2004 Section 3(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(4) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(5) added 25 January 2005 section 200 Crown Entities Act 2004
4: Term of office of appointed members
Section 4 repealed 25 January 2005 section 200 Crown Entities Act 2004
5: Extraordinary vacancies
Section 5 repealed 25 January 2005 section 200 Crown Entities Act 2004
6: Deputy chairman
Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004
6A: Alternate members of Commission
Section 6A repealed 1 July 1994 section 3(3) New Zealand Film Commission Amendment Act 1994
7: Deputy of Secretary for Internal Affairs
Section 7 repealed 1 July 1994 section 3(4) New Zealand Film Commission Amendment Act 1994
8: Meetings of Commission
Section 8 repealed 25 January 2005 section 200 Crown Entities Act 2004
9: Committees
Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004
9A: Disclosure of interests
Section 9A repealed 25 January 2005 section 200 Crown Entities Act 2004
10: Remuneration of members of Commission and committees
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004
11: Proceedings not affected by irregularities
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004
12: Limitation of personal liability of members
Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004
13: Staff
1: The Commission shall from time to time appoint a chief executive officer of the Commission.
2: Section 117
3:
4:
5:
6:
7:
8: Section 13(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 13(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(7) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(8) repealed 25 January 2005 section 200 Crown Entities Act 2004
14: Status of members and staff
Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Delegation of powers
1:
2: The Commission must not delegate to a member, officer, committee, or agent any power to borrow money.
3: In other respects, section 73
4:
5: Section 15(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 15(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 15(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15(5) repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Rules
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004 Functions and powers
17: Functions of Commission
1: The Commission shall have the following functions:
a: to encourage and also to participate and assist in the making, promotion, distribution, and exhibition of films:
b: to encourage and promote cohesion within the New Zealand film industry, and in particular—
i: to encourage and promote the exchange of information among persons engaged in the film industry; and
ii: to encourage and promote the efficient use of available resources within the New Zealand film industry; and
iii: to co-operate with other interested or affected bodies and organisations in order to encourage and promote employment in the New Zealand film industry, and the productivity of that industry:
c: to encourage and promote the proper maintenance of films in archives:
d: to encourage and promote, for the benefit of the New Zealand film industry, the study and appreciation of films and of film making:
e: to gather, collate, disseminate, and publish information that, in the opinion of the Commission, relates to the making, promotion, distribution, and exhibition of films:
f: to advise the Minister on matters relating to or affecting the functions of the Commission.
1A: The Minister may not give a direction to the Commission in relation to cultural matters.
2: Section 17(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 17(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
18: Content of films
1: In carrying out its functions, the Commission shall not make financial assistance available to any person in respect of the making, promotion, distribution, or exhibition of a film unless it is satisfied that the film has or is to have a significant New Zealand content.
2: For the purposes of determining whether or not a film has or is to have a significant New Zealand content, the Commission shall have regard to the following matters:
a: the subject of the film:
b: the locations at which the film was or is to be made:
c: the nationalities and places of residence of—
i: the authors, scriptwriters, composers, producers, directors, actors, technicians, editors, and other persons who took part or are to take part in the making of the film; and
ii: the persons who own or are to own the shares or capital of any company, partnership, or joint venture that is concerned with the making of the film; and
iii: the persons who have or are to have the copyright in the film:
d: the sources from which the money that was used or is to be used to make the film was or is to be derived:
e: the ownership and whereabouts of the equipment and technical facilities that were or are to be used to make the film:
f: any other matters that, in the opinion of the Commission, are relevant to the purposes of this Act.
2A: A film shall be deemed to have a significant New Zealand content if it is made pursuant to an agreement or arrangement entered into in respect of the film between—
a: the Government of New Zealand or the Commission; and
b: the Government of another country or relevant public authority of another country.
3: In carrying out its functions, the Commission shall in relation to the content of any film have due regard to the observance of standards that are generally acceptable in the community. Section 18(2A) inserted 17 December 1985 New Zealand Film Commission Amendment Act 1985
19: General powers of Commission
1: For the purposes of carrying out its functions, the Commission may from time to time do all or any of the following things:
a: make advances, grants, or awards of money to any person in connection with the making, promotion, distribution, or exhibition of any film:
b: subscribe for, purchase, or otherwise acquire any shares, stocks, or interest, or otherwise participate in any body corporate, firm, or joint venture that is or is to be involved in any specific project or series of projects relating to films:
c: organise, participate in, or act as an agent for any consortium for the purposes of assisting the film industry:
d: give or receive guarantees or indemnities in respect of the making, promotion, distribution, or exhibition of films (subject, in the case of the giving of a guarantee or indemnity by the Commission, to ensuring that sufficient funds will be available to meet the liability of the Commission under any such guarantee or indemnity as that liability arises):
e: participate in the management of enterprises to whose finances it has contributed:
f: acquire any copyright or other rights in respect of any film:
g:
h:
i:
j:
k: make charges for the provision of any of its services or the use of any of its facilities.
l:
2: In the exercise of its powers under subsection (1), the Commission may—
a: make advances with or without security, and at such rates of interest as it determines or free of interest; and
b: guarantee, with or without security and with or without making any charge, advances made by any person to any other person; and
c: with the consent of the Minister of Finance, establish endowments or create trusts, on such terms and conditions and for such objects within the purposes of this Act as the Commission thinks fit, and appoint trustees in respect of any such trusts.
3:
4: Any trustees appointed in respect of a trust established under subsection (1) shall keep the accounts of the trust in such manner as may be directed by the Commission and approved by the Auditor-General
5: This section does not limit sections 16 17 Section 19(1)﻿(g) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 19(1)﻿(h) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 19(1)﻿(i) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 19(1)﻿(j) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 19(1)﻿(l) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 19(3) repealed 24 October 2019 section 91 Statutes Amendment Act 2019 Section 19(4) amended 1 July 2001 section 52 Public Audit Act 2001 Section 19(5) added 25 January 2005 section 200 Crown Entities Act 2004 Financial provisions
20: Funds of Commission
Section 20 repealed 25 January 2005 section 200 Crown Entities Act 2004
21: Estimates of expenditure
Section 21 repealed 7 May 1999 section 2 New Zealand Film Commission Amendment Act 1999
22: Annual grants to Commission
Section 22 repealed 25 January 2005 section 200 Crown Entities Act 2004
23: Gifts
Any local authority within the meaning of the Local Government Act 2002 Section 23 amended 1 July 2003 section 262 Local Government Act 2002
24: Borrowing powers
Section 24 repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Bank accounts
Section 25 repealed 25 January 2005 section 200 Crown Entities Act 2004
26: Overdrafts
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Investment of money
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004
28: Unauthorised expenditure
Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004
29: Commission to be charity for certain purposes
For the purposes of the Inland Revenue Acts (as defined in section 3 Gambling Act 2003 Section 29 amended 1 July 2004 section 374 Gambling Act 2003 Section 29 amended 1 April 1995 Income Tax Act 1994
30: Crown entity
Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004
31: Auditor-General to be auditor of Commission
Section 31 repealed 25 January 2005 section 200 Crown Entities Act 2004 Miscellaneous provisions
32: Annual report
Section 32 repealed 25 January 2005 section 200 Crown Entities Act 2004
33: Tabling of report in Parliament
Section 33 repealed 21 December 1992 section 42 Public Finance Amendment Act 1992
34: Protection of name
1: No body shall be incorporated or registered, under any enactment or in any other manner,—
a: under the name New Zealand Film Commission
b: under any other name that so resembles the name of the Commission as to be likely to mislead any person.
2: No person other than the Commission shall, by himself or with any other person or persons,—
a: trade or carry on business under the name New Zealand Film Commission
b: trade or carry on business under any other name, knowing that the name so resembles the name of the Commission as to be likely to mislead any person.
3: Any person who contravenes subsection (2) commits an offence and is liable on
4: In any criminal proceedings in which a person is charged with having contravened subsection (2), it shall be a defence to the charge if he proves that, either by himself or with any other person or persons, he has carried on business continuously under the name to which the charge relates since any date before 23 August 1978. Section 34(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
35: Application of other enactments
The enactments specified in Schedule 1 Section 35 amended 24 October 2019 section 92 Statutes Amendment Act 2019
36: Transitional provisions
Section 36 repealed 25 January 2005 section 200 Crown Entities Act 2004