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Television New Zealand Amendment Bill - Submission to the Commerce Select Committee [2010] NZHRCSub 14 (15 July 2010)

Last Updated: 28 June 2015

_{15 July 2010}

_{Committee Secretariat}

Commerce Committee Parliament Buildings Wellington

Dear Committee Secretariat

_{TELEVISION NEW ZEALAND AMENDMENT BILL}

1. This submission is from the Human Rights Commission (the Commission).

The Commission is an independent Crown Entity which operates under the Human Rights Act 1993. As well as promoting and protecting human rights, the Commission is charged by statute with encouraging the development and maintenance of harmonious relationships between the diverse groups that make up New Zealand society.

2. The Commission is not seeking to make an oral submission.

3. The Commission has a strong interest in promoting, protecting and strengthening freedom of expression as set out in the Universal Declaration of Human Rights and the Covenant on Civil and Political Rights and

affirmed in the New Zealand Bill of Rights Act 1990. The media plays an important role in the protection of this right, and has wide influence in terms of encouraging harmonious relationships and understanding between diverse groups in New Zealand.

4. The Commission notes that the purpose of the Television New Zealand

Amendment Bill 2009 (the Bill) is to:

replace the TVNZ charter in section 12 of the [Television New Zealand Act

2003 (the Act)] with a briefer, and less prescriptive statement of functions, which will enable Television New Zealand to determine its own priorities against a general set of functions.¹

5. In the Commission’s view the removal of the Charter from the Act leaves a gap in explicitly and specifically setting out the responsibilities of a public broadcaster to reflect the biculturalism of the New Zealand State and the diversity of New Zealand society.

¹ Television New Zealand Amendment Bill, No 89-1, Explanatory Note, General Policy Statement, p 1.

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6. In place of the Charter (the current section 12 (2) of the Act), section 6 of the Bill proposes that a new section 12 be substituted in the Act. The new section 12 (2) of the Act states:

“12 Functions of TVNZ

“(2) In carrying out its functions, TVNZ must provide high quality content that—

“(a) is relevant to, and enjoyed and valued by, New Zealand audiences;

and

_{“(b) encompasses both New Zealand and international content and reflects}

_{Māori perspectives.}²

7. The new section 12 (2) does not refer to the diversity of New Zealand society at all, and makes slight reference to Māori It does not go far towards ensuring the genuine representation of Māori at all levels of television programming.

8. If the Bill is to proceed with a “briefer, less prescriptive statement of functions” to replace the Charter, the Commission recommends that a short clause affirming the responsibility of Television New Zealand towards reflecting the biculturalism of New Zealand and the diversity of New

Zealand society in all its forms be inserted.

9. The Commission would be happy to discuss this issue with you in more detail if desired. Should you need further information, please contact Judith Pryor, Senior Policy Analyst, Race Relations, Strategic Policy Team at JudithP@hrc.co.nz.

Yours sincerely

Joris de Bres

Race Relations Commissioner

Kaihautū Whakawhanaungatanga-ā-iwi

² S. 6 Television New Zealand Amendment Bill, No 89-1