✨ Broadcasting Policy Directives
(ii) Where the application relates to the whole of a region,
the period within which the applicant intends to provide
coverage for 90 percent of the population of the region;
and
(k) That where the holder of a television warrant in respect of a
region does not intend to service any part of the region
within the period of 3 years beginning with the date of the
issue of the warrant—
(i) That holder shall not be deemed to have any rights
in respect of that part of the region; and
(ii) That holder shall, if any other person obtains a
television warrant in respect of that part of the region and
if that person so requests, be obliged to make available to
that person, on reasonable terms, for broadcasting to that
part of the region, programmes that the holder is
broadcasting to the part of the region serviced by the holder;
and
(l) That a company, independent of—
(i) The Corporation; and
(ii) The holders of television warrants in respect of the
private television stations in the 4 regions; and
(iii) Companies that publish newspapers; and
(iv) Companies that hold sound-radio warrants or sound-
radio programme warrants,—
(hereinafter called the independent news company), be
authorised, by a television programme warrant, to
broadcast, in each of the 4 regions, a news programme,
covering national news, international news, and current
affairs; and
(m) That, where the total number of shares held in a company
by one or more of the following companies, namely,—
(i) Any company that publishes a newspaper:
(ii) Any company that holds a sound-radio warrant or a
sound-radio programme warrant,—
carries the right to exercise or control the exercise of more
than 30 percent of the voting power at any general meeting
of the company, that company shall not be independent
for the purposes of paragraph (l) of this clause; and
(n) That, where a majority of the directors of a company also
hold one or more of the following offices, namely,—
(i) Office as a director of a company that publishes a
newspaper:
(ii) Office as a director of a company that is a holding
company of a company that publishes a newspaper:
(iii) Office as a director of a company that is a subsidiary
of a company that publishes a newspaper,—
that company shall not be independent for the purposes
of paragraph (l) of this clause unless that majority exists
with the consent of you, the Tribunal; and
(o) That, where any person who holds office as a director of a
company also holds one or more of the following offices,
namely,—
(i) Office as a director of a company that publishes a
newspaper or a company that holds a sound-radio warrant
or a sound-radio programme warrant:
(ii) Office as a director of a company that is the holding
company of a company that publishes a newspaper or of
a company that holds a sound-radio warrant or a sound-
radio programme warrant:
(iii) Office as a director of a company that is a subsidiary
of a company that publishes a newspaper or of a company
that holds a sound-radio warrant or a sound-radio
programme warrant,—
that company shall not be independent for the purposes
of paragraph (l) of this clause unless that person holds office
with the consent of you, the Tribunal; and
(p) That, subject to paragraphs (m), (r), and (t) of this clause, not
only persons who hold warrants but also other persons
may hold shares in the independent news company; and
(q) That, where broadcasts from private television stations are
made by means of the teletext system, the national and
international news content of those broadcasts shall be
supplied by the independent news company; and
(r) That the independent news company be independent of any
joint body established, by the holders of warrants in respect
of private television stations, for the purpose of purchasing
programmes or arranging common scheduling of
broadcasts; and
(s) That conditions of warrants in respect of private television
stations shall ensure,—
(i) By requiring each warrant holder to have the same
shareholding in the independent news company; or
(ii) By requiring each warrant holder to have a share-
holding determined by the application of an appropriate
formula based on the size of the station's audience or on
the amount of the station's advertising revenue; or
(iii) By such other requirement as you, the Tribunal,
consider appropriate,—
that the independent news company is not dominated by
the warrant holders in respect of television stations in any
one of the 4 regions; and
(t) That, notwithstanding anything in paragraph (s) of this clause,
where the total number of shares held in any company by
warrant holders in respect of private television stations in
any one of the 4 regions carry the right to exercise or control
the exercise of more than 30 percent of the total voting
power that can be exercised at any general meeting of the
company by all persons who hold shares in the company
and who are holders of warrants in respect of private
television stations, that company shall not be independent
for the purposes of paragraph (l) of this clause; and
(u) That, in accordance with recommendation 5.20 in your report,
but subject to paragraph (w) of this clause, the Post Office
or the Broadcasting Corporation of New Zealand or both
provide, on a commercially competitive basis, the
programme distribution systems of private television
stations both within regions and between regions; and
(v) That, notwithstanding recommendation 5.21 in your report,
warrant holders in respect of private television stations be
not permitted to establish their own programme
distribution systems within regions or between regions; and
(w) That, where off-air pickup is used for programme distribution
by the holder of a warrant in respect of a private television
station, that off-air pickup may be provided by the holder
of the warrant; and
(3) Give you notice that included within the recommendations,
in respect of which the Government still has to formulate its general
policy, is recommendation 3.22 in your report; and
(4) In pursuance of the general policy of the Government, as
outlined in clause (2), direct that you shall—
(a) Call simultaneously without delay (from persons other than
the Corporation) for applications for television warrants
for—
(i) A television station or stations, with or without relay
stations, to service Region 1, comprising the Auckland and
Northland areas:
(ii) A television station or stations, with or without relay
stations, to service Region 2, comprising the Waikato and
Bay of Plenty areas:
(iii) A television station or stations, with or without relay
stations, to service Region 3, comprising the Wellington,
Manawatu, Hawke's Bay, and Wairarapa areas:
(iv) A television station or stations, with or without relay
stations, to service Region 4, comprising the Canterbury,
Otago, and Southland areas; and
(b) In calling for those applications, indicate that—
(i) The Poverty Bay area may be included in either
Region 2 or Region 3:
(ii) The Taranaki area may be included in either Region
2 or Region 3:
(iii) The Nelson area and the Blenheim area may be
included in either Region 3 or Region 4:
(iv) The area on the West Coast of the South Island may
be included in either Region 3 or Region 4; and
(c) In calling for those applications, require each applicant to
indicate in its application—
(i) The manner in which the applicant intends to service
the region or the part of the region to which the application
relates; and
(ii) Where the application relates to the whole of a region,
the period within which the applicant intends to provide
coverage for 90 percent of the population of the region;
and
(iii) The applicant's proposals with regard to the
networking of the private television stations in the 4 regions;
and
(d) Give the applicants for the television warrants not less than
110 days to file their applications and supporting schedules;
and
(e) Allow the usual period of 60 days for pre-hearing procedures;
and
(f) Hear all the applications in one series of sittings; and
(g) Where the Corporation is using a translator on a VHF band
for the broadcasting of programmes of Television New
Zealand and the use of that VHF band for the purposes
of broadcasts from a regional television station would
require the Corporation to cease using the VHF band for
that translator, not grant an application for a warrant in
respect of that regional television station unless the
applicant first undertakes to meet—
(i) The costs of reinstating that translator so that it will,
on the UHF band, provide coverage of the same standard
as that previously enjoyed (which costs shall include the
cost of the installation of any receiving equipment which
is required to receive broadcasts from the translator); and
(ii) Such part, as you, the Tribunal considers just, of the
cost of any transmitting equipment which is required for
the purposes of the translator and which will enable the
translator to provide coverage of the same standard as that
previously enjoyed; and
Next Page →
PDF embedding disabled (Crown copyright)
View this page online at:
VUW Te Waharoa —
NZ Gazette 1984, No 211
NZLII —
NZ Gazette 1984, No 211
✨ LLM interpretation of page content
🏛️
Third Direction to Broadcasting Tribunal on Private Television Broadcasting
(continued from previous page)
🏛️ Governance & Central Administration15 November 1984
Broadcasting, Television, Regions, Policy, Government Directive, Independent News Company, Warrant Conditions, Programme Distribution