5362 THE NEW ZEALAND GAZETTE No. 222

which costs may include items such as paper, duplication,
postage, freight, and dispatch but not the costs of collating
those particulars; and
(ii) That where particulars of programmes supplied by
you to the publisher with whom the contract is made are
published by that publisher, those particulars are published
by that publisher in substantially the same form as that in
which they are supplied to that publisher by you; and
(iii) That you are not to be liable for programme changes
or for your inability to broadcast a particular programme;
and
(iv) That where a publisher publishes in any publication
particulars of television programmes to be broadcast in
any period that publisher shall shall give in that publication
particulars of the radio programmes which are to be
broadcast by you in that period and which are relevant to
the area in which that publication is circulated; and
(v) That, where the publisher with whom the contract is
made publishes particulars of programmes (before those
programmes are broadcast by you) and the schedule of
such particulars published in any issue of that publication
covers a period of more than 2 consecutive days, that
publisher shall pay to you for the right to publish those
particulars in that publication a fee, to be fixed by you,
for each copy of an issue of that publication in which the
particulars appear, which fee shall be specified in the
contract and shall be not less than 2.5 cents and not more
than 3.5 cents for each such copy:

Provided that the fee provided for in this subparagraph
shall not be payable if the only period or periods of more
than 2 consecutive days covered by any schedule of such
particulars which is published in any issue of that
publication is a period, or are each a period, of 3
consecutive days comprising a Saturday and a Sunday and
a public holiday or 3 public holidays or 2 public holidays
and either a Saturday or a Sunday; and
(vi) That the method by which the number of copies on
which the fee provided for in subparagraph (v) of this
paragraph is charged is provided for in the contract, which
method may be based on the audited circulation of the
publication, the copies sold, the copies distributed, or the
copies printed or on such other matters as are provided
for in the contract; and
(vii) That you may require the publisher with whom the
contract is made to pay in advance, for each quarter of 3

months, any fees that will be payable, or are estimated to
be payable, by that publisher pursuant to the provisions
inserted in the contract pursuant to subparagraph (v) of
this paragraph; and
(viii) That, if the publisher with whom the contract is
entered into publishes, while the contract is in force, any
defamatory matter or malicious falsehood in respect of you
or any of your officers or employees, that publisher commits
a breach of the contract:
(h) That nothing in this direction prevents you, and nothing in
any contract entered into for the purposes of paragraph (f)
of this clause shall prevent you—
(i) From continuing to supply particulars of your
programmes, without charge, to any person for publication
in any newspaper (not being a newspaper in respect of
which a contract entered into for the purposes of paragraph
(f) of this clause is in force) on a day to day basis before
or after the broadcasting of those programmes; or
(ii) From supplying particulars of your programmes, with
or without charge, to any person for publication in any
publication (not being a publication in respect of which a
contract entered into for the purposes of paragraph (f) of
this clause is in force) before or after the broadcasting of
those programmes; or
(iii) From publishing in the New Zealand Listener or in
any other publication or in any other manner particulars
of your programmes:
(i) That nothing in this direction requires you, and nothing in any
contract entered into for the purposes of paragraph (f) of
this clause shall require you, to comply, in respect of any
publisher, with paragraph (a) of this clause or with any
contract entered into for the purposes of paragraph (f) of
this clause if that publisher has published defamatory
matter or malicious falsehoods in respect of you or in
respect of any of your officers or employees; and

(2) Hereby revoke the notice dated the 4th day of November 1982*
given to you by the Minister of Broadcasting in the immediately
preceding Government, Ian John Shearer.

Dated at Wellington this 23rd day of November 1984.

JONATHAN HUNT, Minister of Broadcasting.

*Gazette, 1982, p. 3676

BY AUTHORITY: P. D. HASSELBERG, GOVERNMENT PRINTER, WELLINGTON, NEW ZEALAND—1984

Price 55c