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Television New Zealand Amendment Bill (Consistent) [2009] NZBORARp 58 (17 September 2009)

Last Updated: 28 April 2020

Television New Zealand Amendment Bill

17 SEPTEMBER 2009

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: TELEVISION NEW ZEALAND AMENDMENT BILL

1. We have considered whether the Television New Zealand Amendment Bill (PCO

13873/2.1 (the “Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (the “Bill of Rights Act”). We understand that the Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on Thursday, 24 September 2009.

2. The purpose of the Bill is to:

• replace the Television New Zealand (‘TVNZ’) Charter contained in the Television New

Zealand Act 2003 with a briefer, less prescriptive statement of TVNZ’s functions;

• clarify that shareholding Ministers are prohibited from giving certain directions

regarding “content” to TVNZ; and

• make provision for the re-screening of archived television programmes without charge to the public while recognising the interests of rights holders. The Bill

requires TVNZ to give notice to potential rights holders prior to re-screening archived television programmes and establishes a fund from which compensation payments can be made to rights holders.

This advice has been prepared by the Public Law Group and the Office of Legal Counsel. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Television New Zealand Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of

it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter.