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Digest No. 1853

Television New Zealand Amendment Bill 2009 (2010 No 89-2)

Date of Introduction: 09 December 2009
Portfolio: Broadcasting
Select Committee: Commerce
Date report presented: 28 October 2010
Published: 07 April 2011byJohn McSoriley BA LL.B, Barrister,Legislative AnalystP: (04) 817-9626 (Ext. 9626)F: (04) 817-1250Public enquiries:Parliamentary Information Service: (04 817-9647) Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The aim of the Bill as introduced is to amend the Television New Zealand Act 2003 (the Act) to:

  • replace the TVNZ charter;
  • amend the prohibition on Ministerial direction to TVNZ;
  • enable the screening of "TVNZ archived works"; and
  • repeal " ... provisions of the Act that are spent" [1]   .

The Bill as introduced is described in Bills Digest No 1742.

Main changes to the Bill

TVNZ archived works

The Select Committee has recommended that the definition of “archived work” be changed to make it clear that it would apply only to works made on or before 27 May 1989 for which TVNZ owns the whole copyright (Part 1, Clause 10, inserting New Part 4A, Subpart 1, amending New Section 29A (definitions of “archived work” and “person with an interest in an archived work”).

Screening of archived works

The Select Committee has recommended that not only must archived works be screened free to the viewer but they must not be screened between the hours of 6.00pm and 10.30pm on any day of the week on TV1 and TV2 or be “subject to a licence that is sold for profit by TVNZ to screen on any other platform (though this is without prejudice to TVNZ recovering its reasonable costs in making the work available for screening on another platform)” (Part 1, Clause 10, inserting New Part 4A, Subpart 2, amending New Section 29C(2)).

Rights of persons with interest in archived work to cease

The Select Committee has recommended that it be made clear that the cessation of rights of persons with an interest in archived work would apply only to contractual rights and copyright under the Copyright Act 1994 and that oral and performers’ rights would remain unaffected (Part 1, Clause 10, inserting New Part 4A, Subpart 2, amending New Section 29D).

TVNZ Archived Works Fund

The Select Committee has recommended that the Fund must contain a sum determined on the basis of the value of the archived work to be screened rather than a fixed amount applying to all works. The Select Committee has also recommended the removal from the Bill of the provision which states “Persons employed by the Broadcasting Corporation of New Zealand or its predecessors in relation to the archived work are not eligible to register to participate in the scheme (Part 1, Clause 10, inserting New Part 4A, Subpart 3, amending New Sections 29G and 29I).

Copyright: © NZ Parliamentary Library, 2011
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  1. Television New Zealand Amendment Bill, 2010 No 89-1, Explanatory note, General policy statement, p. 1.   [back]