22 SEPTEMBER

THE NEW ZEALAND GAZETTE

3181

The Tribunal considers that the Corporation's empowering
provisions in the Broadcasting Act are simply that. They state the
activities which are intra vires the Corporation but they do not
displace the need to obtain the usual consents, licenses, and warrants
as required by legislation. Thus the Corporation is not exempt from
the duty to comply with the terms of its warrants and the obligation
not to assign, sub-let, transfer or otherwise dispose of to any other
person, or permit any other person to participate in the benefit of
its warrants, except in compliance with section 82.

Confidentiality

For Northern, Mr Miles supported Mr Nicholson's submissions
on behalf of the Corporation. Mr Miles also drew the Tribunal's
attention to the statements on discovered documents in Riddick v.
Thames Board Mills [1977] 3 All ER 677 in which the English Court
of Appeal unanimously re-stated the principle that the courts will
imply an undertaking that documents compulsorily disclosed will
be used only for the purpose of the action for which they were
disclosed and not for any ulterior or improper purpose. Mr Miles
said he would have preferred only the relevant parts of the contract
between the Corporation and Northern to be ordered to be produced
and he asked for the restriction on the contents of it to remain in
force.

The Tribunal considers it would in this case have been difficult
for a party to make submissions about the contract without seeing
the whole of the document. It was made available only to counsel
and to Mr Simpson of the PSA and the percentage of revenue to
be retained by Northern was deleted. The Tribunal agrees that the
power to order the production of documents containing confidential
commercial information should be used with great restraint. It
accepts Mr Bartlett's undertaking that only one copy of the document
was made, that he made Mr Simpson aware of the restriction on
the use of the information and that he would obtain the return of
any copy from Mr Simpson.

Two further matters are relevant.

First, Northern did not make any submissions about
confidentiality before the Tribunal made the order. Secondly, while
rules may have been developed by the courts to apply to proceedings
before them, the Tribunal has only the powers specifically given it
under the Commissions of Inquiry Act and the Broadcasting Act.

Public Comment

One further matter was raised at the hearing. The Tribunal drew
Mr Bartlett's attention to the fact that his client association's senior
advisory officer, Mr Simpson, in whose name the complaint was
brought, was quoted in reference to the case in the Auckland Star.
Mr Bartlett was not in a position to say whether Mr Simpson had
been quoted accurately. He had not previously seen the article. It
reported Mr Simpson as saying that if there had been a breach, the
Government and the Tribunal would be "in a very embarrassing
position". The Tribunal's function is to hear and determine in a
judicial manner the issues referred to it under the Act. It can therefore
hardly be a matter of embarrassment for the Tribunal if it finds
one way or another. The procedure under which we have dealt with
this matter was that suggested by the Tribunal in its decision 7/82.
There can therefore have been no embarrassment when that
suggestion was taken up by the PSA. If Mr Simpson was quoted
accurately, we assume it arose from a misunderstanding of the nature
of the Tribunal's function. Mr Bartlett undertook to draw the
newspaper report and the Tribunal's comment to Mr Simpson's
attention.

Decision

The decision of the Tribunal is that the Corporation has not
committed the alleged breach of the terms and conditions of
television warrants 1, 2, 3, and 4.

Co-opted members

Mr Gordon Ell and Mr Brian Stephenson were co-opted as persons
whose qualifications or experience would be of assistance to the
Tribunal in dealing with the complaint. They took part in
deliberations of the Tribunal but the decision is that of the
permanent members.

Dated the 5th day of September 1983.

Signed for the Tribunal:

B. H. SLANE, Chairman.

BRO 22/82

To: THE BROADCASTING CORPORATION OF NEW ZEALAND

NOTICE is hereby given, pursuant to section 83 (3) Broadcasting Act
1976, that the Broadcasting Tribunal intends to hold a hearing at
a place and time to be notified for the purpose of determining
whether you have committed a breach of the terms and conditions
of your television warrants 1, 2, 3, and 4.

The allegations made by the Public Service Association of New
Zealand are summarised:

1. Section 82 Broadcasting Act 1976 provides that the holder of
   a warrant shall not assign, sublet, transfer or otherwise
   dispose of to any person, or permit any other person to
   participate in the benefit of, its warrant unless the Tribunal
   has first consented in writing to the transaction.

2. You were in breach of this provision because of the
   arrangements made with Northern Television Ltd. for the
   broadcast of the Good Morning programme on Television
   One stations on the dates authorised by the Tribunal in
   1982 without the consent of the Broadcasting Tribunal.

3. The arrangements entered into with Northern Television Ltd.
   were such that they required the consent in writing of the
   Tribunal under section 82 (1).

4. In particular, Northern Television Ltd. participated in the
   benefit of the warrants by drawing direct advertising
   revenue from the Good Morning programmes supplied to
   you.

5. By virtue of section 82 (4) any assignment, subletting, transfer
   or other disposition of to any other person, or permitting
   any other person to participate in the benefit of the warrants
   without the consent of the Tribunal you are deemed to
   have committed a breach of the conditions subject to which
   your warrants were issued.

You are further notified that if the Tribunal finds that you have
committed a breach of the terms and conditions of the warrants,
it may, after consideration in accordance with Part X and Part XI
of the Broadcasting Act 1976, revoke or suspend the warrants for
such period as it thinks fit or reduce the term of the warrant or
may impose on you a monetary penalty not exceeding $500. (But
by virtue of section 83 (5) the warrants may not be suspended or
revoked except with the approval of the Minister of Broadcasting).

You will be later notified of the time and place for hearing.

Dated the 12th day of May 1983.

Signed for the Tribunal:

R. M. McEWEN, Registrar.

To: Northern Television Ltd.

And to: Kevin Moore & Associates.

The Standards Act 1965—Draft New Zealand Standard
Specification Available for Comment

PURSUANT to subsection (3) of section 23 of the Standards Act 1965,
notice is hereby given that the following draft New Zealand standard
specification is being circulated.

Number and Title of Specification

DZ 8707 Draft specification for method of measurement of the
colour of wool. Gratis.

This draft sets out a method for determining the colour of wool
by the use of a tristimulus colorimeter, the wool being in the form
of corings taken from bales. The procedure for the preparation of
the wool before measurement is also described.

The draft is a revision of NZS 8707:1977. The earlier standard
applied only to commercially scoured wool, but in this edition the
method is being extended to cover greasy wool also. The method
has been developed by the Wool Research Organisation of New
Zealand.

All persons who may be affected by this publication and who
desire to comment thereon, may obtain copies at the price shown,
from the Standards Association of New Zealand, Wellington Trade
Centre, 15-23 Sturdee Street (or Private Bag), Wellington.

The closing date for receipt of comment is 30 December 1983.

Dated at Wellington this 13th day of September 1983.

DENYS R. M. PINFOLD,
Director, Standards Association of New Zealand.

(S.A. 114/2/8)

Customs Notice—Exchange Rates

NOTICE is hereby given, pursuant to the Customs Act 1966, that
the following exchange rates to the New Zealand dollar relate to
imported goods for which a New Zealand Customs entry has been
lodged on or after 1 October 1983:

Australia .. .. .74 Dollar
Austria .. .. 11.91 Schilling
Bangladesh .. .. 15.67 Taka
Belgium .. .. 34.68 B. Franc
Brazil .. .. 435.09 Cruzeiro
Burma .. .. 5.24 Kyat
Canada .. .. .80 Dollar