4 DECEMBER THE NEW ZEALAND GAZETTE 5203

Therefore if the programme was broadcast on a day when
advertising programmes were not permitted, there was a breach of
the warrants.

It follows that there was a failure clearly to distinguish the
advertising material from the other programme matter as indeed
would no doubt be conceded by the corporation since it did not
consider it was broadcasting an advertisement.

With regard to the statement made about the availability of the
book, the Tribunal does not believe that the statement in itself
constitutes an advertisement. It considers that it is reasonable to
make such information available provided there is no payment for
doing so directly or indirectly. In this case it is inherently part of
the programme which we have found to be an advertising
programme. If we had not so found the programme then we do not
believe, on the facts as we have them, that the broad statement
made could be proved to be intended to promote the interests of
the publisher.

We would point out that we have considered this complaint only
on the basis of some correspondence and without sworn evidence
and cross-examination of witnesses. It may well be that a different
conclusion might be arrived at in relation to the reference to the
availability of the book but on balance we cannot uphold the
complaint in that respect. We would however point out that there
is a fine distinction and the fact that Beckett Publishing were
prepared to sponsor the programme at least raises the possibility
that that statement itself would constitute an advertisement.

We note that the Broadcasting Amendment Act 1985 which came
into force on 29 March 1985, inserted a new section 73A to remove
from the warrants the definition of when advertising programmes
could be broadcast and made statutory provision for advertising
days and hours. Subsection (2) of the new section 73A provides that
nothing in the new Act prevents the inclusion in a programme
broadcast from a television station on a Sunday of a credit in respect
of a sponsorship arrangement made under the rules.

It is to be noted that the subsection does not alter the definition
of an advertisement but merely excuses the broadcast of sponsorship
credits on Sundays. It would not deal with, for instance, the nub
of Mr Simpson's complaint that advertising programmes are not
sufficiently distinguished from other programmes in a case such as
that complained about.

It is also appropriate to mention that it is quite possible that
a contribution to a programme by a sponsor would not in every case
constitute the programme an advertising programme. The mere
acknowledgement in a programme credit for instance that a company
was a sponsor of a programme on opera would not constitute that
programme necessarily an advertising programme unless the
programme or part of it was intended to promote the interests of
that sponsor or to promote any product or service for the commercial
advantage of that sponsor. We do not find that the mere
acknowledgement of the name of the supporter or contributor to a
programme in this respect is intended to be caught by the definition
of advertising programme.

It is different of course where the programme is more obviously
intended to promote the interests of a person, product or service
for the commercial advantage of any person. The Tribunal also
observes that it may be appropriate for the corporation to reveal
more publicly the extent of its sponsorship if it seeks to rationalise
these situations with the appropriate amendments to legislation. It
may well be considered reasonable that, in watching the programme,
the viewers should know whether or not the Potato Board is paying
for the whole programme or whether it has only made a minor
contribution. The host's emphasis on the use of potatoes can then
be considered in the light of the extent of their support for the
programme.

This complaint has revealed the necessity to rationalise the
situation. In view of the extension of advertising days, the Rules
Committee should consider amendments to the rules as to
advertising minutes in the case of sponsored material and the rules
relating to clearly distinguishing programme from advertising
material.

Dated at 25th day of November 1986.

Signed for the Tribunal:

R. BOYD-BELL, Member.

Transport Licensing Authority Sitting

PURSUANT to section 136 of the Transport Act 1962 the No. 10
District Transport Licensing Authority (F. H. K. Moore), gives notice
of the receipt of the following application and will hold a public
sitting in the Conference Room, Ministry of Transport, 245
Cumberland Street, Dunedin on Monday, 22 December 1986
commencing at 9.30 a.m. to hear evidence for or against granting
it.

A10/86/95 Vickers Passenger Services Ltd., Balclutha, Transfer
Continuous Taxicab Service Licence No. 5710 from Keith Desmond
Edwards. (Aspinall Joel & Co., P.O. Box 1384, Dunedin.)

Dated at Dunedin this 26th day of November 1986.

D. A. BATCHELOR, Secretary.

No. 10 District Transport Licensing Authority.

Pharmaceutical Society of New Zealand—Results of Elections

NOTICE is hereby given of the results of an election of members of
the Council of the Pharmaceutical Society of New Zealand held on
24 November 1986.

Auckland District

Mr D. E. Buckle, Mr J. S. Danby and Mrs E. A. Hawthorn being
the only candidates, I declare them duly elected.

Wellington District

Four candidates were nominated for 2 vacancies. Three hundred
and sixty-one ballot papers were issued, 217 were returned and the
poll resulted.

Mr G. B Caves 123
Mr A. B. Drummond 65
Mr J. A. Dunlop 86
Mr R. P. Rosenberg 145

I therefore declare Mr G. B. Caves and Mr R. P. Rosenberg duly
elected.

Canterbury District

Mr E. C. Shaw being the only candidate, I declare him duly elected.

Otago District

Mr A. R. Graham being the only candidate, I declare him duly
elected.

North Island

Five candidates were nominated for 3 vacancies. One thousand
three hundred and forty-three ballot papers were issued, 496 were
returned and the poll resulted.

Mr O. R. Diggelmann 329
Mr B. L. Irvine 380
Mr K. Isherwood 221
Mrs B. L. Sinclair 313
Mr M. A. Trevean 155
Informal 1

I therefore declare Mr O. R. Diggelmann, Mr B. L. Irvine and
Mrs B. L. Sinclair duly elected.

South Island

Three candidates were nominated for 1 vacancy. Three hundred
and ninety-one ballot papers were issued, 148 were returned and
the poll resulted.

Dr D. W. J. Clark 60
Mrs J. G. Donoghue 51
Dr R. H. McKeown 37

I therefore declare Dr D. W. J. Clark duly elected.

Dated at Wellington this 24th day of November 1986.

Dr PETER F. COVILLE, Registrar.

Pharmaceutical Society of New Zealand.

Private Schools Conditional Integration Act 1975

PURSUANT to section 10 of the Private Schools Conditional
Integration Act 1975, notice is given that supplementary integration
agreements have been signed between the Minister of Education
and the proprietors of the following 12 schools:

St Marys School, Ellerslie.
Our Lady of the Sacred Heart School, Epsom.
Marist School, Herne Bay.
Monte Cecelia School, Hillsborough.
Star of the Sea School, Howick.
Pompallier School, Kaitaia.
Christ the King School, Owairaka
St Patricks School, Panmure.
St Ignatius School, St Heliers.