Statutory Functions

Statutory Requirements of the Broadcasting Commission (NZ On Air)

The Broadcasting Commission, or NZ On Air, was established by the Broadcasting Act 1989 and came into existence on 1 July 1989. Part IV of the Act sets out the functions, powers and procedures of NZ On Air. The principal Act is amended by the Broadcasting Amendment Act 1999 and Broadcasting Amendment Act 2000.

The following sections quote the relevant parts of the Broadacsting Act and its amendments.

35. Establishment of the Commission

(1) There is hereby established a Commission to be called the Broadcasting Commission.

(2) The Commission shall be a body corporate with perpetual succession and a common seal, with power to purchase, take, hold, transfer, and lease property, to sue and be sued, and shall have all rights, powers, and privileges of a natural person.

36. Functions of the Commission

The functions of the Commission are :

(a) To reflect and develop New Zealand identity and culture by:

i. promoting programmes about New Zealand and New Zealand interests; and,
ii. promoting Māori language and Māori culture; and

(b)To maintain and, where the Commission considers that it is appropriate, extend the coverage of sound radio broadcasting to New Zealand communities that would otherwise not receive a commercially viable signal; and

i. Women; and
ii. Youth; and
iii. Children; and
iv. Persons with disabilities; and
v. Minorities in the community including ethnic minorities; and

(d) To encourage a range of broadcasts that reflects the diverse religious and ethical beliefs of New Zealanders; and

(e) To encourage the establishment and operation of archives of programmes that are likely to be of historical interest in New Zealand - by making funds available, on such terms and conditions as the Commission thinks fit, for -

(f) Broadcasting; and

(g) The production of programmes to be broadcast; and

(h) The archiving of programmes.

37. Promotion of New Zealand content in programming

The Commission shall, in the exercise of its functions under section 36(a) of this Act, :

(a) Consult from time to time with :

i. Persons who have an interest in New Zealand broadcasting and the production of programmes in New Zealand; and
ii. Representatives of consumer interests in relation to broadcasting; and
iii. Representatives of Māori interests - being in each case persons or representatives who can, in the opinion of the Commission, assist in the development of the Commission's funding policies; and

(f) Promote, in its funding of the production of programmes, a sustained commitment by television and radio broadcasters to programming reflecting New Zealand identity and culture; and

(e) Ensure that, in its funding of the production of television programmes, reasonable provision is made to assist in the production of drama and documentary programmes; and

(d) Ensure that, in its funding of sound radio broadcasting, reasonable provision is made to assist in the production and broadcasting of drama programmes and in the broadcasting of New Zealand music.

38. Powers of Commission

The Commission shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.

39. Matters to be taken into account in relation to funding proposals

The Commission, in assessing any proposal for the Commission to make funds available for broadcasting or for the production of a programme or programmes to be broadcast, shall have regard to :

(a) The extent to which the persons seeking the funding for the project to which the proposal relates have sought and secured funding or other resources for the project from sources other than the Commission; and

(b) The potential size of the audience likely to benefit from the project to which the proposal relates; and

(c) In the case of a project to maintain or extend the coverage of television broadcasting or sound radio broadcasting, the extent of the likely benefit to the consumers of broadcasting services affected by the project in relation to the cost of the project; and

(d) In the case of a proposal for the production of a programme or programmes, the extent to which the proposed programme or programmes would contribute to :

i. The Commission meeting its objectives under more than one of the categories specified in paragraphs (a) and (c) of section 36 of this Act; and
ii. The availability of a balanced range of programmes providing for varied interests in the community; and

(e) In the case of a proposal for the production of a programme or programmes, the likelihood that the proposed programme or programmes, if produced, would be broadcast.

40. Requirements in relation to standards

The Commission shall require from recipients of funding from the Commission in relation to the production of a programme or programmes, in such form as the Commission shall determine, undertakings that the programme or programmes, will be consistent with the standards specified in section 4(1) of this Act.

41. Requirements in relation to equal employment opportunities

The Commission may decline to make funds available under section 36 of this Act, where it considers that the prospective recipient is not operating an appropriate equal employment opportunities plan in circumstances where it would be practicable for the prospective recipient to do so.

42. Prohibition in relation to certain directions

Nothing in this Act authorises the Commission to give a direction to any person to whom the Commission has made funds available under section 36 of this Act, in respect of the editorial content of a particular programme.

43. Contracts in relation to use of funds

In making funds available under section 36 of this Act, the Commission shall, to the extent that, in the opinion of the Commission, it is practicable to do so, :

(a) Invite competitive proposals for the use of funds made available by the Commission; and

(b) Ensure by the terms of contracts that the recipients of the funds are obliged both to attain specified standards of performance and to account for the use of the funds; and

(c) Adopt measures to ensure that recipients of funds comply with the terms referred to in paragraph (b) of this section.

44. Commission to have regard to Government policy

(1) In the exercise of its functions, duties, powers, rights, and authorities under this Act, the Commission shall have regard to the general policy of the Government in relation to broadcasting or to the functions, duties, powers, rights, and authorities of the Commission as that policy is communicated to the Commission from time to time by notice in writing by the Minister, and shall comply with any directions given by the Minister to the Commission by notice in writing pursuant to any such policy.

(2) Nothing in subsection (1) of this sections authorises the Minister to give a direction under that subsection in respect of :

(a) A particular programme; or
(b) The gathering or presentation of news or the preparation or presentation of current affairs programmes.

(3) Where a notice is given to the Commission under subsection (1) of this section, the Minister shall, as soon as practicable after the giving of the notice, :

(a) Publish a copy of it in the Gazette; and
(b) Lay a copy of it before the House of Representatives.

Cf. 1976, No. 132, s.20 (1), (2) (a), (b), (c), (4), (5); 1982, No. 6, s.4 (1)

45. Membership of Commission

The Commission shall consist of not less than 3 members and not more than 6 members, who shall be appointed by the Governor-General on the recommendation of the Minister, of whom one shall be appointed as Chairperson and another shall be appointed as Deputy Chairperson.

46. Term of office of members of the Commission

(1) Except as otherwise provided in subsection (3) of this section and in clause 1(5) of the First Schedule to this Act, every member of the Commission shall be appointed for a term of 3 years.

(2) Every member of the Commission shall be eligible for reappointment from time to time. (3) Of the first members of the Commission not more than 2 may be appointed for an initial term of 1 year and not more than 2 may be appointed for an initial term of 2 years.

(4) Where the term for which a member of the Commission has been appointed expires, that member of the Commission, unless sooner vacating or removed from office under clause 1 of the First Schedule to this Act, shall continue to hold office by virtue of the appointment for the term that has expired, until :

(a) That member is reappointed; or
(b) A successor to that member is appointed; or
(c) That member is informed in writing by the Minister that the member is not to be reappointed and that a successor to that member is not to be appointed.

47. (Repealed 1 July 2000)

48. Funds of Commission

The funds of the Commission shall consist of :

(a) Any money appropriated by Parliament for the purposes of the Commission and paid to the Commission for the purposes of the Commission:

(b) (Repealed 1 July 2000)

(d) All accumulations of income derived from any such money.

49. (Repealed 1 July 2000)

50. (Repealed 1 July 2000)

51. Exemption from income tax

The income of the Commission shall be exempt from income tax.

52. Seal

The common seal of the Commission shall be judicially noticed in all Courts and for all purposes.

53. Further provisions applying in respect of the Commission

The provisions set out in the First Schedule to this Act shall apply in respect of the Commission.