As reported from the Maori Affairs Committee

Transcription

1 Maori Television Service Bill Government Bill As reported from the Maori Affairs Committee Commentary Recommendation The Maori Affairs Committee has examined the Maori Television Service Bill and recommends that it be passed, by majority, with the amendments shown. Introduction The Maori Television Service Bill (the bill) establishes the Maori Television Service (the Service), whose function is to promote te reo Maori and tikanga Maori by providing a high quality, cost-effective Maori television Service in both English and Maori. It establishes systems to support the operation of the Service, and provides for the termination of the Te Reo Maori Television Trust (Te Awhiorangi), which had previously been formed to establish a Maori television channel. The bill also establishes Te Pfitahi Paoho (the Maori Television Electoral College) and specifies its functions, duties and its powers. Background The bill proposes a structure for the Service that reflects an obligation under the Treaty of Waitangi for co-operation between the Crown and Maori to preserve, protect and promote te reo Maori. This is a key principle behind its establishment. This stems from the Waitangi Tribunal's 1986 Te Reo Maori Report (Wai 11) which found that te reo Maori is an essential part of Maori culture that must

2 Maori Television Service Commentary be regarded as a taonga, and that the Crown is obliged to take active steps to protect it. In litigation relating to a Privy Council decision in 1993, the Crown generally accepted that te reo Maori was in a serious state of decline and that the principles of the Treaty of Waitangi impose a continuing obligation on it to take reasonable steps to assist in its preservation. 1 In that litigation the Crown outlined a timeframe that included the development of a special purpose Maori television service. In 1991 Cabinet decided to set aside funding for the promotion of Maori language and culture in broadcasting, part or all of which could be used to assist in developing special purpose television. Translation of the preamble The preamble is in English, followed by a Maori translation. Cabinet had previously decided there would be a Maori translation of the English preamble, to be prepared to the satisfaction of the Minister of Maori Affairs and the Chair of Te Putahi Paoho. Te Putahi Paoho is concerned that despite this agreement, the translation that appears in the bill is an altered version of the translation it originally submitted to Te Puni KOkiri. It requests that the preamble revert to the version originally provided, and also that it be presented in adjacent columns, with Maori to the left and English to the right. Te Taura Whiri i te Reo Maori notes that the spelling of some Maori words in the preamble is inaccurate and that macrons have been used in an inconsistent manner. Te Puni K6kiri says it altered the translation due to advice from the Parliamentary Counsel Office that the Maori version must be a literal translation of the English version. Te Puni K6kiri says the version originally submitted by Te Potahi Paoho encompassed the essence of the English version, but was not considered a literal translation. We instructed Te Puni KOkiri to request from Te Taura Whiri i te Reo Maori a literal translation of the English version of the preamble, and that it develop this in consultation with Te Putahi Paoho. We recommend this translation be substituted for the version in the bill and that it be placed before the English version. We agree it would be preferable for the English version and Maori translation of the preamble to be set out side by side. However, it is ' New Zealand Maori Council v Attorney General (Broadcasting Assets Case), 1993.

3 Commentary Maori Television Service 3 not technically possible to achieve this within our timeframe for reporting back on the bill. We encourage the Parliamentary Counsel Office to continue its investigation of ways this may be done so it can be an option for appropriate bills in the future. Accountability and structure of the Service Clause 7 establishes the Service as a statutory corporation, governed by a board of seven directors. This structure is intended to reflect the interest that the Crown and Maori both have in ensuring the Service delivers its outputs and contributes to positive outcomes for te reo Maori. The Crown's interest is represented by the responsible Ministers (the Ministers of Maori Affairs and Finance, acting jointly) while the Maori interest is represented by an electoral college of key Maori stakeholders (Te Patahi Paoho). Clause 24 provides for four directors to be appointed by Te Potahi Paoho and three to be appointed by the responsible Ministers. Since the Service is not a Crown entity, relevant provisions of the Public Finance Act 1989 do not apply. Accountability mechanisms have instead been imported, or in some cases adapted, from the Public Finance Act Accountability mechanisms are based on those that apply to Crown entities because they are well established and understood. A number of submitters question the need for some or all of the accountability provisions. Some suggest the Service will have more onerous accountability requirements than other broadcasters, such as Television New Zealand (TVNZ). In its submission, the Service argues that accountability requirements fetter the ability of its board to meet its obligations (set out in clause 8). It says a preferable structure would be to establish the Service under the Companies Act 1993, which it argues would remove many of the accountability requirements. We do not consider a company model to be appropriate, because: neither the Crown or Te Pritahi Paoho will own the Service the Service is designed to meet social and Treaty obligations and commitments, not maximise profit the Crown and Maori have a continuing obligation to preserve, promote and protect te reo Maori and therefore have a direct interest in the Service delivering on its functions.

4 4 Maori Television Service Commentary The Service will be largely funded by the Government for the foreseeable future. The responsible Ministers will be accountable to Parliament for that funding. 2 Accountability requirements are therefore necessary. TVNZ also has significant and onerous accountability requirements. In addition to the requirements set out by its own Act, TVNZ is also obliged to comply with significant accountability provisions contained in the Public Finance Act 1989 and the Companies Act Future review of the Service The Government intends to retain a short-term involvement in govemance and implementation, and an ongoing involvement in funding the Service, which 'could necessitate a review of the bill at some point in the future'.4 Clauses 15 and 16 provide for the responsible Ministers and Chairperson of Te Peltahi Paoho to review the Service, but there is currently no specific instruction in the bill of when such a review should take place or what the review would be expected to achieve. We recommend strengthening the requirement for a review by inserting a clause that states that, after five years from the date the Act comes into force, a review of the operation and effectiveness of the Act will be undertaken by the responsible Ministers. The new clause states that the outcome of this review will be a report, presented to the House of Representatives within six years of the Act coming into force, which contains any recommendations for amendments to the Act. Our recommendation is specific enough to ensure real action is taken if it is deemed necessary, and within a certain timeframe, but it remains broad enough to not constrain the review. We consider it is a more appropriate way of reviewing the Crown's involvement in the Service than amending the bill to insert 'sunset clauses'. The recommended timeframe for the review would allow information to be delivered from the next major Maori language survey, scheduled for It would also allow the Service time to deliver on its functions, evolve and identify positive and negative areas within its structure. 1 The Service will be able to secure its own income from, for example, advertising. ' Accountability arrangements are the same as those that apply to other bodies similar to the Service, such as the Tertiary Education Commission. 4 Key Principle (b), General Policy Statement of the bill.

5 Commentary 1Maori Television Service 5 Operations Kaitiaki Trust Clause 21 establishes the Kaitiaki Trust with the sole purposes of receiving the Ultra High Frequency (UHF) management right and transferring that right to the Service. Clause 22 refers to funding of the Kaitiaki Trust. The bill proposes that the UHF management right be provided by the Crown on a lease-only basis for a fixed period of ten years. The Kaitiaki Trust is largely intended to be a symbol of of Te Pfitahi Paoho' s contribution to the Service, acting as a balance to the Government's funding contribution to the Service. We recommend deleting clauses 21 and 22 and all references to the Kaitiaki Trust, and making provision for the Service to receive the UHF management right directly. We recognise Te Putahi Paoho's intentions for establishing the Kaitiaki Trust. However, we do not consider the establishment of the Kaitiaki Trust is necessary to effect the transfer of the UHF management right to the Service. Functions of the Service Clause 8 states the principle function of the Service, while clause 8 sets out other functions the Service will be expected to perform. Several submitter concerns relate to the degree of detail for functions. Submitters also suggest some functions may be difficult to achieve because they are inconsistent with each other. The Service itself generally believes clause 8 is too tightly prescribed and does not allow enough flexibility for the board to ensure the success of the Service, especially given the restrictions placed on it by the governance structure. Submitter concerns are particularly evident with respect to clause 8(a) to (c), which set out the level of Maori language programming the Service will be expected to broadcast at different times during the day and the target audience. Te Taura Whiri i te Reo Maori propose inclusion of a sunset clause that would require the Service to develop a plan for phasing out English language content, so that by 2007 it is a Maori language service only. One submitter has concerns that the functions are not specifically conscious of regional broadcasting and broadcasting, that recognises different Maori dialects. We consider clause 8 generally provides an appropriate level of guidance to the Service about the functions expected of it, while still

6 6 Maori Television Service Cominentary providing an opportunity for the board to draw its own interpretation. For instance, under clause 50(g) the board has the ability to identify different prime times for different audiences in its statement of intent (we recommend amending the definition of 'primetime' in clause 6 to clarify this). In addition, clause 8(e), which states the Service may 'undertake any other function consistent with the purposes of the Act', gives the Service scope to perform suitable functions that are not specifically listed elsewhere in clause 8. We note concerns that the terms 'mainly' and 'substantial,' which are used as measures of the level of Maori language content to be broadcast by the Service, are not defined. The Service's ability to broadcast in te reo Maori is likely to increase as it becomes more established and financially independent. We consider it unwise to prescribe specific levels of Maori language programming, other than noting that we consider 'mainly' to be a higher requirement than 'substantial'. The Service should instead determine the level of programming appropriate to its changing circumstances, within the measures already in the bill. The issue of Maori language content on radio and television is a broader issue that goes beyond the bill. This will be addressed in the Government' s revised Maori language strategy, and the Maori broadcasting strategy, which is currently being prepared. It can be revisited with respect to the Service during the future review. We also recommend amending clause 8 to insert a subclause that provides for the Service to foster development, where appropriate, of its broadcasting capacity through appropriate training and education. While this may already be covered by clause 8(e), we note the submission from the Auckland University of Technology and consider it useful to clarify this function. Independence of the Service Clause 10 ensures that the responsible Ministers, Te Potahi Paoho and directors cannot issue directions to the Service with respect to specific programmes or news and current affairs broadcasts, without the authority of the board. This is designed to protect the independence and integrity of the Service. The Screen Producers and Directors Association of New Zealand says this clause does not go far enough in specifically excluding potential directions to the Service, especially when compared to requirements in place for the Television New Zealand Bill.

7 Commentarv Maori Television Service 7 We agree and recommend amending clause 10 with wording that sets that the same standards for independence and programming direction as expressed in the Television New Zealand Bill. We also recommend amendments to specify that directors cannot be removed from office for editorial reasons. Statement of intent Clauses 48 to 57 provide for all requirements and details relating to the statement of intent. The purpose of the statement of intent is to promote the accountability of the Service by providing to the House of Representatives contextual information about the Service, the intentions and commitments set by the Service. Main submitter concerns about the statement of intent relate to the level of detail required, the sensitive nature of much of the information required and the obligation for the statement of intent to be approved by both the responsible Ministers and Te Putahi Paoho. Requirements for the statement of intent are standard requirements expected of other entities that receive Government funding. They are designed to ensure that public funds are appropriately applied and the performance of the Service can be measured. We do, however, recommend adding the words 'qualitative and quantitative' before the words 'performance targets' in clause 50(j) to ensure that performance can be adequately measured. We also recommend amendments to clarify that responsible Ministers must present amendments to the statement of intent to the House. Name protection We recommend inserting a clause to ensure the Service has exclusive name protection. As the Service notes in its submission, adequate name protection is important for branding purposes, but is not currently provided for. We do not, however, recommend changing the name of the Service, as proposed in its submission. Provisions relating to directors Failure to declare conflicts of interest Clause 34 ensures that agreements or contracts entered into by the Service are not affected should a director fail to disclose an interest, as required by clause 31. Clause 34 obliges directors to report conflicts of interest 'as soon as practicable after becoming aware of the failure.' This is intended to allow Ministers and Te Pfitahi Paoho

8 8 Maori Television Service Commentary to address the matter, including considering whether the conflict is serious enough to warrant removal. We recommend strengthening this clause to provide that failures by directors to report conflicts of interest are quantified (without revealing personal details) in the Service' s annual report. This better recognises the serious nature of failures to declare conflicts of interest. 5 Dispute resolution procedure Clause 20 sets out the procedure for resolving disagreement between the responsible Ministers and the chair of Te Pfitahi Paoho in instances where joint agreement is required. Submitters propose that a timeframe for resolution be added to the dispute resolution procedure to provide greater certainty to the Service and reduce possible delays. The Service suggests that if this process fails, parties should enter and conclude arbitration in a timely manner. We agree this clause needs to be considerably tightened to provide greater clarity of the disputes resolution process. We recommend amending clause 20 to require mediation when the parties are unable to reach agreement, and setting out the mechanism for dispute resolution in schedule 1. We do not propose to impose a timeframe for resolution prior to mediation because we consider this would not provide enough of an incentive to prevent delays. Mediation is recommended rather than arbitration because it is not appropriate for a third party to bind the Crown and Te Patahi Paoho if they cannot agree. Requirement for consultation when appointing the chief executive Clause 29 requires the board to appoint the chief executive in the manner prescribed in clause 18 of Schedule 2, which requires them to consult with the State Services Commissioner. Te Patahi Paoho and the Service both object to this requirement. The requirement to consult with the State Services Commissioner does not bind the board to follow his or her advice. The Service will receive public funds and operate under a mandate from Parliament. It is therefore appropriate that the State Services Commissioner provides advice to the board on what he or she considers to be : We also recommend clause 34 be relocated to schedule two. This is part of our recommended changes to the overall structure of the bill.

9 Commentarv Maori Television Service 9 reasonable and appropriate terms and conditions for engaging the chief executive. The State Services Commissioner is the Crown's adviser on personnel matters relating to chief executives, and has an overview of the terms of employment across the state sector. The board will be able to make the final decision. Funding of Te Pfitahi Paoho We agree with submitters that operating funds for Te Pfitahi Paoho should not be drawn from budget appropriations for the Service. We therefore recommend omitting clause 19(b) of the bill as introduced so that funds for Te Putahi Paoho will no longer come from the Maori Television Service Non Departmental Output Class, but from Vote Maori Affairs: Non-Departmental Other Expenses. 6 Issues beyond the bill Security and level of funding Several submitters proposed amending the bill to provide security of funding to the Service by stipulating the funding for capital, operational and programming costs or by placing a levy on other broadcasters. Submitters are concerned that funding for the Service is contestable with other broadcasters. Submitters also have concerns about the level of operational funding allocated to the Service. We consider that issues relating to funding of the Service are outside the scope of this bill. Alignment with Maori language and Maori broadcasting strategies Several submitters consider the bill and the Service's functions must be compatible with both the Government's Maori language and Maori broadcasting strategies. Te Taura Whiri te Reo Maori says monitoring and evaluation of the Service must be based on the Maori language strategy to ensure a consistency of approach to language regeneration in broadcasting. We consider the most practical means of ensuring compatibility between the Service's functions, monitoring and evaluation with respect to these functions, and Government strategy, is for the statement of intent to be aligned with both the Maori language strategy and a Maori broadcasting strategy. The Maori language strategy is 6 We also recommend clause 19 is relocated to schedule two. This is part of our recommended changes to the overall structure of the bill.

10 10 Maori Television Service Commentary currently being revised, while terms of reference for a Maori broadcasting strategy have been decided on, and the strategy itself is currently being developed [attached as Appendix A]. Role of Te Mangai Paho Several submitters consider that the future role of Te Mangai Paho, as well as its governance and accountability requirements, should be addressed in the bill. The Service in particular is concerned that the current arrangements provide a potential for overlap, duplication and disagreement between Te Mangai Paho and the Service regarding programming. It suggested in its oral submission that it should be allocated all funding currently allocated to Te Mangai Paho, including funding intended for Television New Zealand. We agree that the establishment of the Maori Television Service does raise questions about the future role and function of Te Mangai Paho with respect to the commissioning of television programmes. However, we consider a review of this issue should be based on the Maori broadcasting strategy, when it is developed. The terms of reference for the Maori broadcasting strategy include consideration of the current institutional and funding arrangements for government resourcing of Maori broadcasting. Te Mangai Paho plays a central role in relation to this. Changes to the structure of the bill We recommend that several clauses be moved from the main body of the bill into the schedules for presentational purposes.

11 Commentary Maori Television Service 11 Appendix Committee process The Maori Television Service Bill was referred to the committee on 5 December The closing date for submissions was 1 March We received and considered 10 submissions from interested groups and individuals, of which nine were heard. Hearing evidence took three hours and consideration took three hours and 12 minutes. We received advice from Te Puni K6kiri. Committee membership John Tamihere (Chairperson) Willie Jackson (Deputy Chairperson) Joe Hawke Mahara Okeroa Hon Dover Samuels Hon Doug Kidd Hon Georgina Te Heuheu Hon Murray McCully Hon Richard Prebble

12 12 Maori Television Service Commentary Appendix A MAORI BROADCASTING STRATEGY: TERMS OF REFERENCE Seek to establish or affirm the Government' s key drivers for the development of future broadcasting policy against: its Treaty obligations in regard to the Maori language and culture;. other related social, economic, and cultural benefits for Maori; Establish clear outcome statements and strategic objectives for a Maori broadcasting strategy (the strategy) generally, but also specifically in the context of the development of Government' s Maori language strategy; Identify all relevant activities in the broadcasting and other sectors (i.e. carry out a stock-take), and determine how they can be better co-ordinated to contribute to the achievement of the Maori broadcasting outcome statements and strategic objectives 7; Seek to clearly describe the respective roles of the Crown and Maori in regard to the strategy and consider any governance and management options that may contribute to the effective delivery of the outcome statements and strategic objectives;. Consider opportunities to improve the effectiveness of current institutional and funding arrangements for the management of Government resources committed to Maori broadcasting in the following areas: Maori Radio Services;. Maori Television Services;. mainstream Radio and Television Services; allocation and management of Maori Reserve Frequencies;. information communication technology (as it relates to broadcasting). Make recommendations on a review of the accountability and governance arrangements for existing Crown agencies involved in the promotion and protection of te reo Maori, ' This will include activities in the training, education, IT and any other relevant sectors.

13 . Commentary Maori Television Service 13 including reviewing the applicability of the governance and accountability arrangements for the Maori Television Service to these agencies; Develop specific objectives to monitor and evaluate activity to which Government resources are committed for the purposes of continuous improvement and to achieve the greatest benefit from the Government' s involvement in the promotion of Maori language through broadcasting; Investigate the implications of the advancement and convergence of technology for the achievement of Government's strategic broadcasting objectives.

14 Maori Television Service Key to symbols used in reprinted bill As reported from a select committee Struck out (majority) Subject to this Act, Text struck out by a majority Subject to this Act, Text inserted by a majority <Subject to this Act,) <Subject to this Act,> Words struck out by a majority Words inserted by a majority

15 Hon Parekura Horomia Maori Television Service Bill Government Bill Contents Preamble 1 Title Part 1 Preliminary provisions and provisions to establish Maori Television Service and Te Patahi Paoho Subpart 1-Preliminary provisions 2 Commencement 3 Purpose 4 Act binds the Crown 5 Outline of Act 6 Interpretation Subpart 2-Maori Television Service Establishment of Maori Television Senicc 7 Establishment of Service Key provisions about Maori Television Service 8 Functions of Service 9 Powers of Service 10 Independence of Service 104 Protection of names Subpart 3-Te Potahi Paoho 11 Establishment 12 Membership of Te Putahi Paoho 14 Change in composition of Te Patahi Paoho 15 Functions of Te Putahi Paoho 16 Joint responsibilities of responsible Ministers and chairperson of Te Potahi Paoho Dispute resolution 20 Resolution of disagreement between the responsible Ministers and the chairperson of Te Patahi Paoho Part 2 Key provisions relating to appointment and duties of directors transfer of UHF right, accountability of Service, and establishment of related entities Subpart 1-Key provisions about board of directors Board is governing body Of Service 23 Governing body of Service Appointment of board of directors 24 Appointment of directors Duties Of directors 28 Duties of directors Transfer of UHF right to Sen,ice 28A Transfer of UHF light Subpart 3-Accountability required of Service 46 Interpretation Key provisions on accountability of Sen,ice 47 Overview of accountability responsibilities Key document of accountability: statement of intent 48 Purpose of statement of intent 49 Obligation to prepare statement of intent Contents of statement of intent 50 Contents of statement of intent 51 Matters for consultation and reporting must be identified Process for creating and fnalising statement Of intent 52 Creating and finalising statement of intent 53 Effective date and term of statement of intent Ainendinents to stateinent of intent 54 When statement of intent may be amended 55 Mandatory amendment of statement of intent 56 Amendments must be presented to House of Representatives 57 Effective date of amendments Key docwnent of accountability: output agreement 58 Purpose of output agreement 59 Preparation of output agirement 60 Contents of output agreement 61 Formal requirements for output agreernent Key document of accountability: annual report 62 Contents of annual report 171 0

16 Preamble Maori Television Service Other documents of accountability 63 Statement of responsibility 64 Financial report 65 Annual report presented to House of Representatives Subpart 4-Related entities 66 Shares or interests in related entities 67 Limits to functions and powers of subsidiary 68 Remuneration and allowances Part 3 Provisions for termination of Te Reo Maori Television Trust (Te Awhiorangi), transitional arrangements for establishment Service, etc, provision for review of Act, and amendments to other Acts 69 Interpretation Subpart 1-Provisions for termination of Te Reo Maori Television Trust (Te Awhiorangi) Te Reo Maori Television Trust (Te Awhiorangi) tenninated 70 Trust terminated 71 Final report of Trust 72 Protection of trustees Subpart 2-Transitional arrangements relating to establishment Service. etc 73 Provisions relating to decisions, etc. in transition period 74 Transition from establishment board 75 Employees 76 Assets and liabilities of establishment bodies Subpart 2A-Review of Act 76A Review of Act Subpart 3-Amendments to other Acts 77 Amendment to Ombudsmen Act A Amendment to Official Information Act Amendment to Broadcasting Act Amendment to Public Audit Act 2001 Schedule 1 Provisions relating to Te POtahi Paoho Schedule 2 Provisions relating to appointment of directors and terms of holding office on board Preamble 1 He k6rero whakataki I roto i tana POrongo m6 Te Reo Maori (WAI 11) ka whakatauhia e te Runanga Whakamana i te Tiriti o Waitangi e whai mana ana te Tiriti o Waitangi ki te whakapumau wahi noho tahitanga m6 nga iwi e rua ki Aotearoa. Ka whakatau te 5 Runanga, he iho matua taketake te reo Maori n6 nga tikanga Maori, a, me noho tonu mai hei taonga toturu. Ka puta hoki te whakapae a te ROnanga mena ka taea nga matapono me nga whainga whanui te whakatutuki ki te kore e kitea he ahurewa t6tika m6 te reo Maori. I whakatauhia an6 hoki e te Runanga 10 he here ta te Tiriti kia kaha ake te utanga o te Karauna ki te tiaki i te reo Maori. Ka whakaae te Karauna ki enei whakatau: I te whiu a-ture, ko te whakatau a te Komiti a-ture a te Kaunihera Piriwiri i te marama o Hakihea 1993 (Kaunihera 1

17 Maori Television Service Preamble Maori v Te Toa Ture Tianara [1994] I NZLR 513) t6na otinga, ka whakaae te Karauna he here mutunga kore ta nga matapono o te Tiriti o Waitangi ki te pikau kia pamau tonu te manaaki i te reo Maori ma te whakamahia o nga mahi papaho reo irirangi, whakaata irirangi an6 hold: 5 (3) I roto i tera whiu a-lure ka whakatakotoria e te Karauna tana kaupapa takawa e hangai ana, i tua atu i Etahi atu ahuatanga, ki te whanaketanga o tatahi ratonga whakaata irirangi Maori motuhake. Ko te Aratuku Whakaata Irirangi Maori tetahi otinga nui o te kaupapa i k6kiritia hei tiaki, hei whakatairanga 10 i te reo Maori i runga whakaata irirangi. (4) Ko te tikanga ma te whakatoranga o te Aratuku Whakaata Irirangi e whai wahi maru ai te reo Maori me nga tikanga Maori, a, e whai mana ai, e kaha ake ai te whakatairanga kia tutuki ai te whakao a te Karauna ki te tiaki ki te whakatairanga 15 an6 hold i te reo Maori me nga tikanga Maori ma roto i nga mahi papaho. Background in English In its Te Reo Maori Report (Wai 11), the Waitangi Tribunal found that the Treaty.of Waitangi was directed to ensuring a 20 place for 2 peoples in New Zealand. The Tribunal found that the Maori language is an essential part of Maori culture and must be regarded as a taonga, a valued possession. The Tribunal questioned whether the principles and broad objectives of the Treaty of Waitangi could be achieved without a 25 recognised place for the Maori language. The Tribunal found that the Crown is obliged by the Treaty to take active steps to protect the Maori language. The Crown accepted these findings: In the litigation that culminated in the decision of the Judicial 30 Committee of the Privy Council in December 1993 (New Zealand Maori Council v Attorney General [1994] 1 NZLR 513), the Crown accepted that the principles of the Treaty of Waitangi impose a continuing obligation to take such steps as are reasonable to assist in the preservation of te reo Maori by 35 the use of both radio and television broadcasting: (3) In that litigation, the Crown outlined a time frame relating to, among other things, the development of special purpose 3

18 Preamble Maori Television Service Maori television. The Maori Television Service is a key result of the policy developed for protecting and promoting te reo Maori on television: (4) The establishment of the Maori Television Service in which te reo Maori me nga tikanga Maori have a secure place and are 5 recognised and actively promoted is intended to contribute to meeting the Crown's commitment to the protection and promotion of te reo Maori me nga tikanga Maori through broadcasting: Struck out (majority) He k6rero whakataki 10 I whakatau te Runanga Whakamana i te Tiriti o Waitangi i roto i tana purongo mo Te Reo Maori (Wai 11) ko te Tiriti o Waitangi e tutohu anga tika ana, ki tetahi wahi nohotahitanga mo nga iwi e rua ki Aotearoa. Ka whakatau te Runanga, he iho matua taketake te reo Maori no nga tikanga Maori he 15 taonga tuturu, me manaaki. Ka patai te Runanga mena ka taea te hiki i nga matapono me nga whainga matawhanui o te Tiriti o Waitangi, mehemea kaore i te aro matenuitia te reo Maori. Ka whakatau te Runanga he here ta te Tiriti i te Karauna ki te whakahaere tikanga kia tiakina ponotia te reo Maori. Ka 20 whakaaea te Karauna ki te katoa o enei whakatau: Na te kawenga i te take karo ture ki te Koti Matua, ka hua mai te whakatau a te Kaunihera Piriwiri, i te marama o Hakihea 1993 (Kaunihera Maori o Aotearoa v Te Toa Ture Tianara[ 1994] 1 NZLR 513), ka whakaaea te Karauna ko nga 25 matapono o te Tiriti o Waitangi he here mutunga kore t6na ki te pikau kia pumau tonu o te manaaki i te reo Maori ma roto i nga kaupapa e rua o te paho reo irirangi me te whakaata irirangi: (3) I roto i tera kawenga karo ture ka whakatakotoria e te Karauna 30 tana kaupapa takawa, i tua atu i etahi ahuatanga, ki te whanaketanga o tetahi Pouaka Whakaata Irirangi Maori Motuhake. Ko te Aratuku Whakaata Irirangi Maori e huaina nei i roto i tenei Ture tatahi otinga nui o nga kaupapa whakahiato hatepetanga i kowhiria hei tiaki i te reo Maori mo 35 te pouaka whakaata irirangi Maori: 4

19 Maori Television Service Part 1 cl 3 Struck out (majority) (4) Hei te whakaturanga o tenei Aratuku Whakaata Irirangi Maori me noho maru te reo Maori me ona tikanga katoa hei whakakitenga me te whakanui kia tatu hoki ki te aro matenuitanga a te Karauna kia tutuki ai te tiaki me te whakatairanga i te reo Maori me nga tikanga Maori ma roto 5 tonu o te kaupapa whakapaoho irirangi: The Parliament of New Zealand therefore enacts as follows: 1 Title This Act is the Maori Television Service Act Part 1 Preliminary provisions <and> provisions to establish Maori Television Service and <Maori Television Electoral College, and provisions relating to Mfiori Television Kaitiaki Trust'> <re POtahi Paoho> Subpart 1-Preliminary provisions 15 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Purpose In recognition that the Crown and Maori together have an 20 obligation under the Treaty of Waitangi to preserve, protect, and promote te reo Maori, the purpose of this Act is to provide for-- (a) the establishment <of; > and the functions, duties, and powers of the Service and <the College'> <Te Paoho>: Putahi 25 Struck out (majority) (b) the sole purpose of the Kaitiaki Trust: 5

20 Part 1 cl 3 Maori Television Service (C) (d) (e) (f) the transfer <to the Kaitiaki Trust> <to the Service by the Crown> of the UHF right for the use and management by the Service in protecting and promoting te reo Maori: the framework of accountability for the Service: 5 the termination of Te Reo Maori Television Trust (Te Awhiorangi): the transfer to the Service of the establishment arrangements undertaken during the transition period. 4 Act binds the Crown 10 This Act binds the Crown. 5 Outline of Act ( 1) This section is a guide to the general scheme and effect of this Act. Part 1 has <4> <3> subparts, as follows: 15 (a) subpart 1 contains the preliminary provisions for the commencement of the Act, states its purpose, and defines certain terms: (b ) subpart 2 contains key provisions about the establishment of the Service, its governing body, and its func- 20 tions and powers<, and provides for its independence in certain respects, and for the protection of certain names>: (c) subpart 3 contains provisions that establish <Te Putahi Paoho,> <and> provide for <the> <j> membership, 25 functions and powers, <of the College) <for the joint responsibilities of the chairperson of Te Putahi Paoho and the responsible Ministers, and for the resolution of disputes between Te Putahi Paoho and the responsible Ministers>. 30 Struck out (majority) (d) subpart 4 sets out the sole purpose of the Kaitiaki Trust. (3) Part 2 has <4> <3> subparts, as follows: 6

21 1Maori Television Service Part 1 cl 5 Struck out (majority) (a) suhpart 1 provides for the appointment of the governing body of the Service, the board of directors: (a) subpart 1 provides for the appointment of the governing body of the Service and the board of directors, sets out the duties of directors, and provides for the transfer of 5 the UHF right to the Service: 1 Struck out (majority) (b) subpart 2 sets out the duties of directors and matters relevant to the responsibilities of the board: (c) subpart 3 sets out the accountability framework for the Service: 10 (d) subpart 4 provides the basis <for> <on which> the Service <to> <may> form, or acquire an interest in, a related entity. (4) Part 3 has <3> <4> subparts, as follows: (a) subpart 1 provides for the termination of Te Reo Maori 15 Television Trust (Te Awhiorangi): (b) subpart 2 provides for decisions made and actions taken in relation to establishment arrangements in the transition period to be treated as though made or taken under this Act: 20 (ba) subpart 2A provides for the review of this Act by the Minister of Maori Affairs: 1 (c) subpart 3 sets out amendments to the Ombudsmen Act 1975, <the Official Information Act 1982,> the Broadcasting Act 1989, and the Public Audit Act (5) There are 2 schedules, as follows: 7

22 Part 1 cl 5 Maori Television Service Struck out (majority) (a) Schedule 1 lists the organisations that may appoint representatives to the College and sets out certain procedures for the College; and (a) Schedule 1 lists the organisations that may appoint representatives to Te POtahi Paoho, sets out certain proce- 5 dures for Te Peltahi Paoho, and provides procedures for dispute resolution: (b) Schedule 2 sets out provisions for,- (i) in Part 1, the criteria to be taken into account in appointing the directors of the Service: <and the 10 procedures of the College; and) Struck out (majority) (ii) in Part 2, the appointment, resignation, and removal of directors, their powers of delegation, the Service's power to contract, and procedures for meetings; and 15 (ii) in Part 2, the qualification and term of office of directors and the method of their appointment, disclosure of directors' conflicts of interest, removal of directors from office or their resignation, procedure for board meetings, directors' 20 remuneration, immunity of directors, delegations by directors and the chief executive, and provisions relating to information: (iia) in Part 2A, provisions on aspects of the Service's financial governance and its power to contract: 25 (iii) in Part 3, the appointment of the chief executive and the employment of staff. 8

23 Maori Television Service Part 1 cl 6 6 Interpretation In this Act, unless the context otherwise requires,- annual report means the accountability document, the contents of which are prescribed in section 62 board means the board of directors of the Service 5 Struck out (majority) College means the Maori Television Electoral College established by section 11 commencement day means the date on which this Act comes into force director means a director of the board of the Service 10 financial year means the 12 months ending on the close of 30 June or another date that the board determines Struck out (majority) Kaitiaki Trust means the Maori Television Kaitiaki Trust to be set up as a bare trust by the College and called the Maori Television Kaitiaki Trust, with the sole purpose as stated in 15 section 21 nga tikanga Maori, for the purposes of this Act, means Maori <customs and practices) <custom, practice, and law> output agreement means the accountability document, the purpose of which is stated in section prime time means the times of broadcasting identified by the Service <(and included in the statement of intent in accordance with section 50(g)),> as having the largest number of viewers for its particular target audiences related entity means an entity referred to in section responsible Ministers means the Minister of Maori Affairs and the Minister of Finance, acting jointly Service means the Maori Television Service established as a statutory corporation by section 7 statement of intent means the accountability document, the 30 purpose of which is stated in section 48 9

24 Part 1 cl 6 Maori Television Service subsidiary means a subsidiary of the Service within the meaning of section 2 of the Financial Reporting Act 1993 Te POtahi Paoho means the Maori Television Electoral College established by section 11 te reo Maori means the Maori language 5 Struck out (majority) trustees means the trustees of the Kaitiaki Trust UHF right means an ultra high frequency management right to be- (a) recorded in the Register of Radio Frequencies on the application of the chief executive of the Ministry of 10 Economic Development under the Radiocommunications Act (i) for the frequencies with a lower boundary of 582 MHz and an upper boundary of 614 MHz; and (ii) for a period of 10 years from the date when that 15 right is recorded by the Registrar of Radio Frequencies; and (b) transferred to and held by the Kaitiaki Trust for transfer to the Service under section 21. UHF right means an ultra high frequency management right 20 (including any successive management right) that is recorded in the Register of Radio Frequencies under the Radiocommunications Act (a) for a 32 MHz range of frequencies within the limits of 494 and 806 MHz; and 25 (b) for an overall period of 10 years from the date when that right is transferred to the Service under section 28A. 10

25 Maori Television Service Part 1 cl 8 Subpart 2-Maori Television Service Establishment of Maori Television Service 7 (3) Establishment of Service This section establishes the Maori Television Service. The Service is a body corporate with perpetual succession. 5 The governing body of the Service is the board of directors, consisting of 7 directors appointed in accordance with section 24. Key provisions about Maori Television Service 8 Functions of Service 10 The principal function of the Service is to promote te reo Maori me nga tikanga Maori through the provision of a high quality, cost-effective Maori television service, in both Maori and English, that informs, educates, and entertains a broad viewing audience, and, in doing so, enriches New Zealand' s 15 society, culture, and heritage. The Service must also- Struck out (majority) 1 (a) ensure that the programmes broadcast by the Service during prime times consist mainly of programmes in te reo Maori; and 20 (a) ensure that during prime times it broadcasts mainly in te reo Maori; and 1 Struck out (majority) (b) ensure that a substantial proportion of its programmes broadcast at other times is broadcast in te reo Maori; and 25 11

26 Part I cl 8 Maori Television Service 1 (b) ensure that at other times it broadcasts a substantial proportion of its programmes in te reo Maori; and (C) (d) ensure that, in its programming, the Service has regard to the needs and preferences of- (i) children participating in te reo Maori immersion 5 education; and (ii) all persons learning te reo Maori; and provide broadcast services that are technically available throughout New Zealand and practicably accessible to as many people as is reasonably possible. 10 Struck out (majority) (e) undertake any other function consistent with the purposes of the Act. (3) The Service may undertake other functions consistent with the purposes of the Act, including (without limitation) fostering development of the broadcasting capacity of the Service 15 through appropriate training and education. 9 Powers of Service ( 1) For the purpose of performing its functions under this Act, the Service- (a) has full capacity to carry out or undertake any business 20 or activity, do any act, or enter into any transaction; and (b) for the purposes of paragraph (a), has full rights, powers, and privileges. Subsection applies subject to- (a) the provisions of this Act and any other enactment; and 25 (b) the general law. 12

27 Maori Television Service Part 1 cl IOA 10 Independence of Service Struck out (majority) The responsible Ministers, the College, and a director acting without the authority of the board must not direct the Service in respect of- (a) specific programmes; or 5 (b) the gathering, preparation, or presentation of news or current affairs programmes. The responsible Ministers, Te Putahi Paoho or a member of Te Potahi Paoho, or a director acting without the authority of the board, must not direct the Service, or any director, officer, 10 or employee of the Service, or any subsidiary of the Service, in respect of- (a) a particular programme: (b) a particular allegation or complaint relating to a particular programme: 15 (c) the gathering or presentation of news or the preparation or presentation of current affairs programmes: Cd) programme standards. 1 The other provisions of this Act apply subject to subsection. loa Protection of names 20 No person may be incorporated or registered under any other enactment or in any other manner using the following names: (a) Maori Television Service: (b) Te Aratuku Whakaata Irirangi Maori: (c) any other name that so resembles the names in paragraph 25 (a) or paragraph (b) as to be likely to mislead a person. No person other than the Service may, either alone or with another person, trade or carry on business- (a) under a name listed in subsection (a) or (b); or 1 13

28 Part 1 cl loa Maori Television Service 1 (b) under a name, knowing that it so resembles a name listed in subsection (a) or (b) as to be likely to mislead a person. (3) A person who breaches subsection commits an offence and is liable on surnrnary conviction to a fine not exceeding 5 $2,500. Subpart 3-<Maori Television Electoral College)<Te Patahi Paoho> 11 Establishment This section establishes <the Maori Television Electoral Col- 10 lege> <Te Putahi Paoho>. The purpose of Te PE,tahi Paoho is to perform its functions under this Act Membership of <College) <Te Pfitahi Paoho> ( 1) Each of the organisations listed in Part 1 of Schedule 1 may 15 appoint 1 representative to be a member of <the College) <Te POtahi Paoho>. The chairperson of <the College'> <Te Putahi Paoho> must notify the chief executive of Te Puni K6kiri in writing<, >- Ca) <at the commencement day,) of the names of the mem- 20 bers of <the College'> <Te Putahi Paoho at the commencement day,> and the organisation that each person represents; and (b) of any changes in the membership of <the College) <Te Putahi Paoho>. 25 (3) Part 2 of Schedule 1 applies to <the College) <re Patahi Paoho> and its members. 14

29 Maori Television Service Part I cl 14 Struck out (majority) Chairperson and deputy chairperson of College 13 (3) (4) (5) Chairperson and deputy chairperson of College The College must elect 1 of its members as its chairperson and another member as its deputy chairperson. The chairperson of the College(and his or her deputy, when 5 acting as the chairperson) must at all times, act with the authority of the College and in accordance with its directions. The deputy chairperson, when acting as the chairperson, has and may exercise all the powers, functions and duties of the chairperson. 10 If the chairperson or the deputy chairperson vacates office as a member of the College, or resigns from the office of chairperson or deputy chairperson, as the case may be, the College must elect an existing member of the College to hold the office of chairperson or deputy chairperson, as the case may 15 be. No person may, at the same time, hold the office of both chairperson and deputy chairperson of the College. 14 (3) (4) Change in composition of <College) <Te Putahi Paoho> The Governor-General may, by Order in Council, amend Part Schedule 1 by adding or removing the name of an organisation. An Order in Council may be made only on the recommendation of the Minister of Maori Affairs. The Minister of Maori Affairs may make a recommendation 25 only at the request of, or with the consent of, the chairperson of <the College) <Te Potahi Paoho> authorised by a resolution of <the College) <re Putahi Paoho>. <The College'> <Te Pfitahi Paoho> must not pass a resolution in relation to- 30 (a) an organisation whose name is to be added to Part 1 of Schedule 1 unless <the College> <Te Putahi Paoho> is satisfied that it is an organisation that has a role in promoting te reo Maori: (b) an organisation whose name is to be omitted from Part 1 35 of Schedule 1 unless- 15

30 Part 1 cl 14 Maori Television Service (i) the organisation wishes to withdraw from <the College) <re Pfitahi Paoho>: or (ii) <the College)<Te Putahi Paoho> is satisfied that the organisation no longer has a role in promoting te reo Maori Functions of <CoUege> <Te Putahi Paoho> The functions of <the College) <Te Putahi Paoho> are- (a) to appoint 4 of the 7 directors of the Service in accordance with section 24(a) and, if necessary, remove any of those 4 directors in accordance with clause 5 of Schedule 10 2; and (b) to provide direction to the chairperson of <the College'> <Te Putahi Paoho> in the performance and exercise of his or her functions and powers under sections 16 and 17; and 15 (c) to consider the need to increase or decrease the number of organisations represented on <the College) <Te Putahi Paoho> for the purpose of section 14, and to pass resolutions as necessary for that purpose; and (d) to receive the accountability documents prepared by the 20 board under subpart 3 of Part 2. Struck out (majority) The College must, not less than once every 5 years, review its functions and the criteria it applies in making appointments under subsection (a). (3) For the purposes of performing its functions under this 25 <section, the College) <Act, Te Potahi Paoho> has full rights, powers, and privileges. 16 Joint responsibilities of responsible Ministers and chairperson of <CoUege> <Te POtahi Paoho> The responsible Ministers and the chairperson of <the Col- 30 lege> <Te Patahi Paoho>, acting jointly,- (a) must appoint 1 director to be the chairperson of the board and another director to be the deputy chairperson, in accordance with <section 27> <clause 4 of Schedule 2>; and 35 16