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Maori Television Service (Te Aratuku Whakaata Irirangi Maori) Amendment Bill (Consistent) [2012] NZBORARp 28 (27 July 2012)

Last Updated: 27 April 2019

Maori Television Service (Te Aratuku Whakaata Irirangi Maori) Amendment Bill

27 July 2012 ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: MĀORI TELEVISION SERVICE (TE ARATUKU WHAKAATA IRIRANGI MĀORI) AMENDMENT BILL

1. We have considered whether the Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Bill (PCO 15472/13.0) (‘the Bill’) is consistent with the rights and

freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 2 August 2012.

2. In summary, following a required statutory review of the Māori Television Service (Te

Aratuku Whakaata Irirangi Māori) Act 2003 (‘the Act’) the Bill amends the Act to ensure that Te Pūtahi Paoho (‘TPP’) (the Māori Television Electoral College) of the Māori Television

Service (‘MTS’), is able to:

2.1. have spectrum management rights transferred to it ensuring that the MTS has access to and can establish a free-to-air digital terrestrial television network;

2.2. issue spectrum licenses to other broadcasters where those licenses are not being used by MTS; and

2.3. ensure that the practices of both the MTS and TPP align as much as possible to the Crown Entities Act 2004.

3. In October 2001, in relation to the Māori Television Service (Te Aratuku Whakaata

Irirangi Māori) Bill (which became the Act), we considered whether the establishment of the MTS and its functions gave rise to issues in terms of freedom of expression, freedom of association, and discrimination on the grounds of race and ethnic origin. We concluded that the Bill appeared to be consistent with the Bill of Rights Act.

4. Given that the current Bill simply makes technical changes in relation to spectrum rights and minor changes to the Act’s functions and operations, we do not consider that the changes in the Bill materially alter that conclusion.
   
5. We have, therefore, concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Melanie Webb

Acting Chief Legal Counsel Office of Legal Counsel

Disclaimer

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 Maori Television Service (Te Aratuku Whakaata Irirangi Maori)

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. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions