28 AUGUST
THE NEW ZEALAND GAZETTE
3643

(p) One member who shall be appointed by the Minister of Maori Affairs;

(q) One member who shall be appointed by the Upper Hutt City Council;

(r) Not more than four members co-opted by the Council itself if and when it thinks fit.

4. (1) Subject to the provisions of this clause and the provisions of paragraph (k) of clause 3 of this notice, the members of the Council of the Central Institute of Technology shall hold office for a term of 3 years but may, from time to time, be reappointed or re-elected.

(2) Every co-opted member of the Council shall be appointed for such terms not exceeding 3 years, as the Council thinks fit.

(3) Except in the case of a casual vacancy or as otherwise provided in this clause:

(i) Every member of the Council of the Central Institute of Technology, except the members appointed pursuant to paragraphs (h) and (k) of clause 3 of this notice shall hold office until the 31st day of August in the third year after the year of appointment or election and if, on the 31st day of August, the appointment or election of a successor has not been notified to the Council, the member shall continue to hold office until the date on which that appointment or election is notified.

(ii) The members appointed pursuant to paragraph (k) of clause 3 of this notice shall hold office until the 31st of January in the year after the year of appointment and if, on the 31st day of January, the appointment of successors has not been notified to the Council, the members shall continue to hold office until the date on which that appointment is notified.

(4) If any member dies, or resigns office by writing to the Council or the Chairman or the Secretary thereof or is absent without leave from the meetings of the Council for 3 successive meetings, or while holding office becomes ineligible to remain a member by reason of disability, insolvency, neglect of duty, or misconduct, the casual vacancy so created shall be filled as soon as practicable thereafter by the appointment or election of a member in the manner in which the vacating member was appointed or elected and the member appointed or elected to fill the vacancy shall hold office for the residue of the term of office of the member being replaced.

(5) The powers of the Council shall not be affected by any vacancy in the membership thereof.

5. The Central Institute of Technology Notice 1980* is hereby revoked.

Dated at Wellington this 11th day of August 1986.

RUSSELL MARSHALL, Minister of Education.

*New Zealand Gazette, 22 January 1981, No. 4, page 96.

Sale of Auckland Harbour Board Land

I, Richard William Prebble, Minister of Transport, having obtained the concurrence of the Minister of Finance pursuant to section 143A (3) of the Harbours Act 1950, hereby approve pursuant to section 143A (1) (a) and section 143C (1) (b) (i) of the Act the sale of land referred to in the Schedule to this notice by the Auckland Harbour Board, and I specify that my approval is effective from the date of this notice.

SCHEDULE

ALL that parcel of land containing 18.8068 hectares, more or less, being Lot 3 and part Lot 4 on Deposited Plan 83050 and being part of Clendon’s Grant as contained in the certificates of title, Volume 39C, folio 360, and Volume 39C, folio 361 (North Auckland Registry).

Dated at Wellington this 18th day of August 1986.

R. W. PREBBLE, Minister of Transport.

(M.O.T. 43/1/6)

Sale of Nelson Harbour Board Land

I, Richard William Prebble, Minister of Transport, having obtained the concurrence of the Minister of Finance pursuant to section 143A (3) of the Harbours Act 1950, hereby approve pursuant to section 143A (1) (a) and section 143C (1) (b) (i) of the Act the sale of land referred to in the Schedule to this notice by the Nelson Harbour Board, and I specify that my approval is effective from the date of this notice.

SCHEDULE

ALL that parcel of land containing 538 square metres, more or less, being situated in the district of Nelson being Lot 1 on Deposited Plan 11942 as contained in certificate of title, Volume 7B, folio 1109.

Dated at Wellington this 19th day of August 1986.

R. W. PREBBLE, Minister of Transport.

(M.O.T. 43/7/6)

Decision No. 11/86

Before the Broadcasting Tribunal

In the matter of the Broadcasting Act 1976, and in the matter of applications for television warrants:

Chairman: B. H. Slane.

Members: Anne E. Wilson and Robert Boyd-Bell.

Co-opted Members: Wiremu Kerekere, M. S. Aked and G. J. Schmitt.

RULING

AOTEAROA BROADCASTING SYSTEM INC. (“ABS”) has applied to the Tribunal to amend the applications for four warrants to an application for a programme warrant. This was to accommodate an arrangement to be entered into with Independent Television (ITV) Ltd. (“ITV”) for ABS to supply and broadcast programmes on ITV’s third television service if ITV companies should be granted regional television warrants for which they had applied. ABS would do so by means of a programme warrant which gives it legal responsibility for the programmes.

A collateral application is made by ITV to admit evidence from Mr C. J. Fernyhough concerning ITV’s willingness to enter into the arrangements, providing some information about the arrangements and providing in support a draft letter which would be amended (since it was out of date) concerning the proposed arrangements.

The proposed evidence would also contain an indication that the offer would remain open for 1 year from the grant of the warrants and ITV would invite the Tribunal to impose a condition on each warrant to require broadcasting by ABS under the authority of a television programme warrant for the time and at the times agreed by ABS and ITV.

In support of the application, Mr Gault said financial support had been withdrawn by the Broadcasting Corporation of New Zealand (the “Corporation”) from ABS a short time before it was to commence its case to present. ABS had opened its case on the basis that only such evidence as would be relevant to the present hearing would be adduced even if the application were not pursued in that form. No evidence of financial or commercial ability was presented to the Tribunal.

Mr Gault said the objective from the outset had been to secure a place in New Zealand television for the Maori people and their cultural heritage which involved assured air time, autonomy and control by Maori people in programme making. He therefore applied to have the ABS applications considered and dealt with as an application for a programme warrant accompanied by details of an arrangement considered suitable for transmission of its programmes which had been arrived at with ITV. The proposal would involve the broadcasting of programmes produced by ABS for a total of seven hours and thirty-five minutes per week in the first year, eight and three-quarter hours per week in the second year and ten hours per week in subsequent years. An outline of the nature and schedule of the programmes was given to the Tribunal by Mr Gault and details of the programme content were filed.

Mr Gault said the programme schedule had been formulated on the same principles as had been set out in the application. He indicated that discussions with other applicants had not resulted in any similar arrangement being concluded. (Other applicants’ counsel said that statement did not accurately reflect the actual position and what had occurred.)

If the Tribunal did not grant broadcasting warrants to ITV, Mr Gault said, ABS would urge that no warrant should be granted to any other applicant unless that applicant first agreed to accept a programme warrant in the terms ABS had agreed with ITV.

The Tribunal was informed that access to ITV facilities would be given to ABS as a production house and programme warrant holder. The cost of making the programmes would be met by ITV on an agreed “formula”.

Mr Fernyhough’s evidence indicated that ITV would “issue or transfer new shares to ABS or its nominee comprising a 20 percent interest in consideration of ABS taking up a programme warrant in conjunction with warrants issued to ITV.”