Radio, TV restructuring bill introduced in Parliament

Press, 14 October 1976, Page 3

Radio, TV restructuring bill introduced in Parliament

PA Wellington A Broadcasting Bill, which provides for the restructuring of broadcasting in New Zealand and lays down some objects and requirements for broadcasting, was introduced in Parliament yesterday by the Minister of Broadcasting (Mr Templeton). The basic provisions for restructuring are: Accountability to Parliament, through the Minister of Broadcasting, by a . corporation responsible for public broadcasting and a tribunal in the case of private radio stations. Establishment of a single corporation of from seven to nine members, including a chairman and deputy chairman, with statutory responsibility to regulate its affairs and control Radio New Zealand, TVI and TV2, each of which will have maximum operational independence. Continuation of private radio, which is granted a greater measure of self regulation than in the past, by its participation in control of its own affairs. The setting up of a broadcasting tribunal for licensing, for some regulatory functions, and for more deliberative handling of complaints. The act is due to come into force on January 1, 1977. Part one of the bill provides for public broadcasting to come under the control of the Broadcasting Corporation of New Zealand which replaces the Broadcasting Council, and the separate corporations — Radio New Zealand, TVI, and TV2. Mr Templeton said the single board would provide more effective administration, better use of resources and more co-ordinated planning. Part two of the bill brings together the general functions, powers, and obligations of the corporation in carrying on and improving broadcasting, and gives the corporation wide powers to dele-

gate its functions and powers to its members, its chief executives and their staff and the committees it may set

up. It also requires the corporation to have regard to the general policy of the Government in relation to its functions and powers, and Provides for direction by the Minister of Broadcasting on matters of general policy. A copy of every written direction is to be laid before Parliament and is also to be published in the New Zealand Gazette.

Part three sets out the functions and powers of the comporation in respect of its programme activities to ensure that each service functions with the maximum practicable independence. The corporation is also required to run separate systems fqr the gathering of news for television hind radio and to provide for the use of such news by the services. The bill also places a responsibility upon the corporation to maintain, in its programmes and their presentation, standards which will be generally acceptable in the community, and sets out a range of particular standards. Another clause deals with complaints about programmes and requires the corporation to set up a procedure for investigating and taking action as appropriate on complaints of a specified nature. This procedure is based on the existing complaints committee. However, a complainant may now go to a broadcasting tribunal if not satisfied. “This should overcome any criticism that broadcasters are judges in their own sphere of interest while ensuring that the corooration deals expeditiously with complaints as they are received,” Mr Templeton said. “So far as broadcasting rules are concerned the bill requires the corporation and the Independent Broadcasters’ Association to get together and draw up proamme rules which will be submitted to the tribunal for approval.” The bill also makes provision for the establishment of a broadcasting tribunal consisting of a chairman and two other members. The chairman will be a barrister

or solicitor of not less than seven years practice in the Supreme Court.

“The intention is that it should be a part-time tribunal with limited call upon its time. It will therefore be serviced by the Department of Justice to keep staff requirements to a minimum,” the Minister said. The tribunal’s three main tasks will be:

To consider and adjudicate on applications for warrants for radio stations. To make rules relating to the good conduct of broadcasting stations.

To deal with complaints from people not satisfied with the outcome of complaints they have lodged with the corporation or the private stations.

The tribunal will have no function or power in respect of any short-wave station.

The tribunal will be required to comply with general Government policy and with any general or special directions of the Minister given to it in writing. Any direction given are required to be published in the Gazette and laid before Parliament.

Members of the tribunal will be appointed for a term of three years and provision is made for the rotation of membership.

The tribunal is also empowered to co-opt persons whose qualifications or experience are likely to assist it in dealing with any particular matter. Persons coopted will be entitled to take part, in the proceedings and deliberations of the tribunal but will not be entitled to vote.

The parts of the bill dealing with the New Zealand Symphony Orchestra and the “New Zealand Listener” are very similar to provisions in the existing legislation, but the orchestra is now to be separated from Radio New Zealand.

Another section of the legislation consists of a number of miscellaneous programme provisions gathered together, with some minor amendments, from various parts of the existing Broadcasting Act.

It authorises the corporation to make its studios, facilities, and equipment available to any organisation desiring to engage in broadcasts or to prepare material for broadcasting.

A further clause is a reenactment of existing provisions empowering the Minister to direct the corporation to make any announcements he may require to be broadcast in an emergency. An extension to existing provisions has been made by adding the words “or at the request of any other properly constituted authority when life or property is endangered.” The broadcasting bill also contains provisions governing the employment of the corporation’s staff. The director-general of the three services, and now the secretary also, will, as before, be appointed under individual contracts but their salaries will be subject to any determination of the Higher Wages Commission. Other staff will generally be three-monthly servants, employed at rates of remuneration and under conditions of service fixed by the machinery provided in the State Services Remuneration and Conditions of Employment Act, 1969. Officers and employees of the existing Broadcasting Council and the three corporations will, with the abolition of these bodies, become employees of the new corooration and retain their salaries and conditions of employment. The superannuation rights of officers and employees who will be transferred to the new corporation will be protected. The bill sets out the financial provisions covering the corporation’s operations and provides in particular for the approval' of the Minister of Broadcasting, or the Minister of Finance in some circumstances, when it comes to the borrowing or investment of money. It also ’requires submission of a capital works programme and annual estimates of receipts and expenditure. The bill also deals with warrants for broadcasting stations following largely the provisions of the Broadcasting Authority Act, 1968, and establishing a committee of independent broadcasters. The main functions of the committee will be: To investigate allegations of breaches by private broadcasting stations of conditions, warrants, or of programme rules applying to those stations.