Aotearoa New Zealand Public Media Bill

Aotearoa New Zealand Public Media Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Aotearoa New Zealand Public Media Act 2022 . 2 Commencement This Act comes into force on 1 March 2023 . 3 Purpose The purpose of this Act is to— a establish Aotearoa New Zealand Public Media as a public broadcaster media entity and provide for its objectives, functions, operating principles, and governance; and b dissolve RNZ and TVNZ; and c provide for transitional arrangements for the transfer of the Crown’s provision of public broadcasting media from RNZ and TVNZ to Aotearoa New Zealand Public Media. 4 Interpretation In this Act, unless the context otherwise requires,— Aotearoa New Zealand Public Media means the Crown entity established by section 8 broadcasting means transmitting or making available content, whether or not encrypted, by radio waves or other means of telecommunication for reception by the New Zealand public by means of receiving apparatus Charter has the meaning given in section 13 10E content means sounds or visual images, or a combination of sounds and visual images, intended to— a inform, enlighten, or entertain; or b promote the interests of any person; or c promote any product or service content means sounds or visual images, or a combination of sounds and visual images, intended to inform, educate, or entertain, but does not include advertising editorial independence means independence in relation to editorial matters editorial matters includes matters related to— a any content or advertising; or b any allegation or complaint relating to content or advertising; or c the gathering or presentation of news or the preparation or presentation of any current affairs content; or d responsibility for standards administered under the Broadcasting Act 1989 provide includes to broadcast, select, commission, and produce content, and includes to transmit programmes made on the demand of a particular person for reception only by that person RNZ means the Crown entity company Radio New Zealand Limited TVNZ means the Crown entity company Television New Zealand Limited visual image includes a visual image consisting predominantly of— a alphanumeric text; or b alphanumeric text and software. 5 Tiriti o Waitangi/Treaty of Waitangi In order to recognise and respect the Crown’s responsibility to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi,— a section 10(3) requires that at least 2 board appointments are made after consulting the Minister for Māori Development and having regard to an appointee’s knowledge of te ao Māori and tikanga Māori: b sections 11(1)(b), (2)(c), (d), and (e), 12(1)(c), (d), (e), and (2)(a)(ii), and 13(1)(b) set out Charter objectives, functions, and operating principles in relation to te reo Māori or Māori: c section 14(1)(b) requires the board to ensure that Aotearoa New Zealand Public Media engages with Māori about relevant strategies and policies: d section 17(1) requires Aotearoa New Zealand Public Media to collaborate section 14(1)(c) requires certain collaboration with Māori media entities (and other media entities) where this is financially responsible and consistent with the Charter : e section 21(1) requires the annual report to include an assessment of the extent to which Aotearoa New Zealand Public Media— i is fulfilling carrying out its Charter; and ii is engaging with Māori about relevant strategies and policies; and iii is collaborating with Māori media entities (and other media entities). 6 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. 7 Act binds the Crown This Act binds the Crown. 8 Aotearoa New Zealand Public Media established Aotearoa New Zealand Public Media is established. 9 Aotearoa New Zealand Public Media is Crown entity Aotearoa New Zealand Public Media is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004. The Crown Entities Act 2004 applies to Aotearoa New Zealand Public Media except to the extent that this Act expressly provides otherwise. 10 Board The board of Aotearoa New Zealand Public Media consists of not fewer than 6, and not more than 9, members. The persons appointed must, collectively, as agreed with the Minister of Finance having regard to their financial management skills or experience, have the appropriate skills, knowledge, or background to assist Aotearoa New Zealand Public Media to perform carry out its Charter. At least 2 persons must be appointed who, in the opinion of the responsible Minister (after consulting the Minister for Māori Development), are qualified for appointment having regard to their knowledge of te ao Māori and tikanga Māori. This section does not limit section 29 of the Crown Entities Act 2004. When removing a board member under section 37 of the Crown Entities Act 2004, the responsible Minister must consult the Minister of Finance. 10A Editorial independence Aotearoa New Zealand Public Media is editorially independent from the Government. Ministers must exercise or perform the powers, duties, and functions conferred or imposed by this Act (or by the Crown Entities Act 2004) in a manner that is consistent with Aotearoa New Zealand Public Media’s editorial independence. 10B No ministerial directions about editorial matters No Minister (nor any person on behalf of, or at the direction of, a Minister) may give a direction about any editorial matter to Aotearoa New Zealand Public Media (or to any of its members, subsidiaries, or employees or, to avoid doubt, to any other person connected with Aotearoa New Zealand Public Media (for example, its contractors or consultants)). 10C Statutorily independent function For the purposes of section 113 of the Crown Entities Act 2004, carrying out the Charter is a statutorily independent function. Subsection (1) does not apply for any other purposes of the Crown Entities Act 2004 (for example, section 73(3) (which relates to ability to delegate)). 10D No removal of members about editorial matters The Minister may not remove a member of Aotearoa New Zealand Public Media or any of its subsidiaries for any reason connected to any editorial matter. 10E Charter The Charter of Aotearoa New Zealand Public Media consists of its objectives, functions, and operating principles ( see sections 11 to 13 ). 11 Objectives The purpose primary objective of Aotearoa New Zealand Public Media is to serve the public interest as a public media entity in order to contribute to— a a strong and distinctive New Zealand identity; and b valued, visible, and flourishing te reo Māori and tikanga Māori; and c an inclusive, enriched, and connected society; and d a healthy, informed, and participative democracy. To achieve the primary objective, Aotearoa New Zealand Public Media’s objectives are to— Strong and distinctive New Zealand identity a reflect, represent, and help to shape the development of New Zealand’s unique identity and culture: b provide shared experiences that contribute to a sense of citizenship and national identity: Valued, visible, and flourishing te reo Māori and tikanga Māori c reflect the contribution of te ao Māori to a unique New Zealand identity and culture: d promote understanding and use of te reo Māori and tikanga Māori among all New Zealanders: e promote the telling of Māori stories to all New Zealanders: Inclusive, enriched, and connected society f reflect, include, and serve New Zealand’s diverse society, languages, and cultures: g support children’s and young people’s— i emotional, physical, and mental well-being: ii creativity, learning, and development: iii social participation and sense of belonging: h ensure that content and services are available and accessible to— i all regions and communities; and ii New Zealanders of all ages, genders, abilities, and ethnicities: ii disabled people, children and young people, and people of all ages, genders, and ethnicities: Healthy, informed, and participative democracy i support all New Zealanders to be informed and engaged citizens who participate fully in society: j build awareness of the world and of New Zealand’s place in it: k foster critical thought , counter misinformation, and promote informed and many-sided debate: l support freedom of thought and expression. 12 Functions The functions of Aotearoa New Zealand Public Media are to broadcast (and select, commission, or produce) provide freely available, accessible, and high-quality public media content across all genres that informs, enlightens, educates, and entertains, including content that— a is predominantly and distinctively of New Zealand: b covers events of national significance: c is in, or uses, te reo Māori: d promotes tikanga Māori: e reflects Māori history, experiences, and perspectives to a wide audience: f appeals to, and engages, a wide audience: fa stimulates, supports, and reflects the diversity of artistic and cultural expression: g caters for tastes, interests, and perspectives not catered for elsewhere: h reflects the needs and experiences of New Zealanders — i of all ages, genders, abilities, and ethnicities; and i disabled people, children and young people, and people of all ages, genders, and ethnicities: ii people from all regions and communities: i is regional, national, and international news and information that is— i reliable and accurate; and ii comprehensive, impartial, and balanced. Aotearoa New Zealand Public Media also has the following functions: a in relation to content it holds (or content held on its behalf),— i to preserve and enable access to content that reflects New Zealand’s history: ii to enable iwi, hapū, and Māori entities to have access to content by and about themselves, and to ensure that that content is preserved: b to provide, or support the provision of, content and services that recognise New Zealand’s strong and enduring relationships with Pacific Island countries (and New Zealand’s interest in promoting and protecting Pacific languages) : . c to perform any additional function that the responsible Minister adds in accordance with section 112 of the Crown Entities Act 2004 ( see section 15(2) ). 13 Charter Operating principles The Charter of Aotearoa New Zealand Public Media is to perform its functions, while acting consistently with its objectives and operating in accordance with the following principles: operating principles of Aotearoa New Zealand Public Media for the purpose of section 14(1)(a) are— a demonstrating editorial independence, impartiality, accuracy, and balance, particularly when broadcasting providing factual content or news and current affairs: b ensuring that Māori perspectives are reflected in the development and delivery of content and services for and about Māori, including by providing opportunities for Māori participation: c representing and reflecting the diversity of New Zealand’s communities: d striving to understand, engage, and serve New Zealanders of all ages, genders, abilities, ethnicities, regions, and communities: — i all regions and communities: ii disabled people, children and young people, and people of all ages, genders, and ethnicities: e ensuring that its content is broadcast provided predominantly free of charge , including when it is first provided ( see also section 16 ) : ea ensuring that some of its content is provided free of charge and without advertising or sponsorship, other than advertisements that are intended only to promote its own services, or content on its own services ( see also clause 8 of Schedule 1 ): f identifying and working to address any areas where public broadcasting is public media content provided by Aotearoa New Zealand Public Media is not— i easily accessible; or ii meeting the needs of New Zealand’s diverse communities: g ensuring that the perspectives of under-served and under-represented audiences are reflected in the development and delivery of content and services, including by providing opportunities for participation by those audiences: h ensuring that the means of broadcasting providing content and services aligns with audience preferences and needs: i innovating and taking creative risks: j aiming for the highest standards of quality and integrity. For the purposes of section 113 of the Crown Entities Act 2004, carrying out the Charter is a statutorily independent function. Aotearoa New Zealand Public Media must ensure, to the extent that it is reasonably able to do so, that each of its Crown entity subsidiaries also acts consistently with subsection (1) to the extent that it is applicable to the subsidiary. 14 Additional collective duties of board The board must ensure that Aotearoa New Zealand Public Media— a acts in accordance with its Charter; and a acts in a manner consistent with the operating principles in section 13 ; and b engages with Māori about relevant strategies and policies . ; and c for the purpose of supporting the capability, capacity, and sustainability of the media sector, and only to the extent that it is consistent with carrying out the Charter and with section 51 of the Crown Entities Act 2004,— i collaborates with Māori media entities and other media entities; and ii takes account of services provided elsewhere in the sector. The duties in subsection (1) — a apply in addition to the duties of the board in sections 49 to 52 of the Crown Entities Act 2004 ; and (for example,— i the duty in section 49 to act in a manner consistent with its objectives and functions; and ii the duty in section 50(c) to collaborate with other public entities where practicable); and b are collective duties owed to the responsible Minister for the purposes of section 58 of that Act. 15 Minister’s role In relation to Aotearoa New Zealand Public Media, the responsible Minister must exercise or perform the powers, duties, and functions conferred or imposed by this Act (or by the Crown Entities Act 2004) in a manner that is consistent with the Charter. The Minister may, in accordance with section 112 of the Crown Entities Act 2004, add to the functions of Aotearoa New Zealand Public Media (if the additional function is consistent with the Charter). The Minister may not give a direction to Aotearoa New Zealand Public Media (or any of its members, subsidiaries, or employees) for any reason relating to broadcasting, selecting, commissioning, or producing particular content. For example, the Minister must not give a direction in respect of— a any content; or b any allegation or complaint relating to content; or c the gathering or presentation of news or the preparation or presentation of any current affairs content; or d standards administered under the Broadcasting Act 1989. The Minister may not remove a member of Aotearoa New Zealand Public Media or any of its subsidiaries for any reason relating to broadcasting, selecting, commissioning, or producing particular content. For example, the Minister must not remove a member for any reason relating to— a any content; or b any allegation or complaint relating to content; or c the gathering or presentation of news or the preparation or presentation of any current affairs content; or d the responsibility of Aotearoa New Zealand Public Media or any of its subsidiaries for compliance with standards administered under the Broadcasting Act 1989. 15 Commerce Act 1986 applies Aotearoa New Zealand Public Media is an instrument of the Crown in respect of the Government of New Zealand engaged in trade to which the Commerce Act 1986 applies. The duty in section 14(1)(c) is not a specific authorisation for the purpose of section 43 of the Commerce Act 1986. 16 Duty to broadcast provide content free of charge If there is a charge for content on its first broadcast the first time it is provided , Aotearoa New Zealand Public Media must subsequently broadcast provide it free of charge. The subsequent broadcast provision of the content must be within a time period that is reasonable given the nature of the content and the circumstances. 17 Collaboration with media entities Aotearoa New Zealand Public Media must, if doing so is consistent with the Charter and with section 51 of the Crown Entities Act 2004, collaborate with Māori media entities and other media entities. The duty in subsection (1) is in addition to the duty in section 50(c) of the Crown Entities Act 2004 to collaborate with other public entities where practicable. Section 51 requires a Crown entity board to ensure that the entity operates in a financially responsible manner. 18 Regard to relevant Crown funding policies Aotearoa New Zealand Public Media must, when carrying out the Charter, have regard to the funding policies adopted by the Broadcasting Commission (NZ On Air) and Te Reo Whakapuaki Irirangi (the Māori Broadcasting Funding Agency). 19 No duty to ensure subsidiary does not perform Aotearoa New Zealand Public Media’s functions Section 97(g) of the Crown Entities Act 2004 does not apply to Aotearoa New Zealand Public Media. Section 97(g) requires a Crown entity parent to ensure (to the extent that it is reasonably able) that each of its subsidiaries does not perform any of the parent’s statutorily independent functions. 20 Supply of information and statements to Ministers The board of Aotearoa New Zealand Public Media must supply to the Minister of Finance any information relating to the financial performance of the entity that that Minister requests as if the request were a request made by the responsible Minister under section 133 of the Crown Entities Act 2004 (and section 134 of that Act applies). When Aotearoa New Zealand Public Media provides any of the following under the Crown Entities Act 2004 to the responsible Minister, Aotearoa New Zealand Public Media must also provide it to the Minister of Finance: a a statement of intent (or a draft or an amended statement of intent): b a statement of performance expectations (or a draft or an amended statement of performance expectations). The Minister of Finance may comment in relation to matters of financial performance on a statement of intent or a statement of performance expectations (whether draft, final, or amended) under the Crown Entities Act 2004 in the same way as the responsible Minister. 21 Reporting Aotearoa New Zealand Public Media must include in its annual report required by section 150 of the Crown Entities Act 2004 an assessment of the extent to which Aotearoa New Zealand Public Media— a is fulfilling its Charter; and b is engaging with Māori about relevant strategies and policies ( see section 14(1)(b) ); and c is collaborating with Māori media entities and other media entities under section 17 . Aotearoa New Zealand Public Media must include in its annual report required by section 150 of the Crown Entities Act 2004 an assessment of the extent to which Aotearoa New Zealand Public Media is carrying out its Charter and performing its additional duties under section 14 . In making the assessment assessing the extent to which Aotearoa New Zealand Public Media is carrying out its Charter , Aotearoa New Zealand Public Media must take into account— a research relating to a representative selection of members of the public; and b the measures, if any, it has taken as a result of the research. For the purposes of subsection (2)(a) , Aotearoa New Zealand Public Media must undertake or obtain the research on a regular basis, but at least once a year. 22 Review of Charter The House of Representatives must periodically review the Charter and Aotearoa New Zealand Public Media’s performance of the Charter. The Charter, and the extent to which Aotearoa New Zealand Public Media is carrying out the Charter, must be periodically reviewed. The first review must be undertaken and completed as soon as practicable after the date that is 5 years after the commencement of this Act. A subsequent review must be undertaken and completed as soon as practicable after the fifth anniversary of the later of the dates specified in subsection (4) . For the purposes of subsection (3) , the dates are— a the date on which the select committee that reviews the Charter any select committee presents its report to the House of Representatives: b the date on which any subsequent legislation that amends the Charter comes into force. 23 Amendments to and revocations of other enactments Amend or revoke the enactments specified in Schedule 2 as set out in that schedule. 24 Repeals The following Acts are repealed: a Radio New Zealand Act 1995 (1995 No 52): b Television New Zealand Act 2003 (2003 No 1). 1 Transitional, savings, and related provisions This schedule transitions the Crown’s provision of public broadcasting media from 2 Crown entity companies to 1 autonomous Crown entity. This clause is only a guide to the general scheme and effect of this schedule. In this schedule, unless the context otherwise requires,— commencement date means the day on which this Act comes into force under section 2 , namely 1 March 2023 dissolution date means the date set under clause 17 of this schedule international agreement means an agreement that is not governed by New Zealand law and that is — a with an international party; and b with a pre-commencement media company; and c that is in force immediately before the commencement date pre-commencement media company means RNZ or TVNZ pre-commencement subsidiary means one of the following subsidiaries of the pre-commencement media companies : a Freeview Limited: b Freeview Television Limited: c NZOOM Limited: d TVNZ International Limited: e TVNZ Investments Limited: f Sound Archives Nga Taonga Korero Limited . property — a means every type of property; and b includes money, and every type of estate and interest in property rights means all rights, powers, privileges, and immunities, whether actual, contingent, or prospective. On the commencement date, all shares in the pre-commencement media companies are transferred to Aotearoa New Zealand Public Media. Section 96 of the Crown Entities Act 2004 does not apply in relation to that transfer. Section 84 of the Companies Act 1993 applies. On the commencement date, all shares in the pre-commencement subsidiaries that are owned by a pre-commencement media company are transferred to Aotearoa New Zealand Public Media. Section 96 of the Crown Entities Act 2004 does not apply in relation to that transfer. Section 84 of the Companies Act 1993 applies. The directorships of the directors of the pre-commencement media companies cease on the commencement date. See section 91 of the Crown Entities Act 2004, which provides that no compensation is payable. On the commencement date,— a all property belonging to a pre-commencement media company vests in Aotearoa New Zealand Public Media; and b all rights, liabilities, contracts, entitlements, and engagements of a pre-commencement media company become the rights, liabilities, contracts, entitlements, and engagements of Aotearoa New Zealand Public Media; and c all information and documents held by a pre-commencement media company are held by Aotearoa New Zealand Public Media; and d all money payable to or by a pre-commencement media company becomes payable to or by Aotearoa New Zealand Public Media; and e anything done, or omitted to be done, or that is to be done, by or in relation to a pre-commencement media company is to be treated as having been done, or having been omitted to be done, or to be done, by or in relation to Aotearoa New Zealand Public Media; and f proceedings, inquiries, and investigations under any enactment that may be commenced, continued, or enforced by or against a pre-commencement media company or in relation to a pre-commencement media company may instead be commenced, continued, or enforced by or against or in relation to Aotearoa New Zealand Public Media without amendment to the proceedings; and g a matter or thing that could, but for this clause, have been done or completed by a pre-commencement media company may be done or completed by Aotearoa New Zealand Public Media. The transfer of information from a pre-commencement media company to Aotearoa New Zealand Public Media under subclause (1)(c) does not constitute an action that is a breach of information privacy principle 8 or 11 within the meaning of the Privacy Act 2020. Subclause (1) does not, by itself, affect any of the following matters: a any decision made, or anything done or omitted to be done, by a pre-commencement media company in relation to the performance or exercise of its functions, powers, or duties under any enactment: b any proceedings commenced by or against a pre-commencement media company: c any other matter or thing arising out of a pre-commencement media company’s performance or exercise, or purported performance or exercise, of its functions, powers, or duties under any enactment. In any instrument relating to any matter referred to in subclause (1) , a reference to a pre-commencement media company must be read as a reference to Aotearoa New Zealand Public Media. However, this clause does not apply to a matter relating to an international agreement ( see clauses 5B and 18 ). Any international agreement continues as if this Act had not been passed and the ownership of the pre-commencement media companies and pre-commencement subsidiaries had not changed under clauses 3 and 4 . Any international agreement continues in force, but— a the board of Aotearoa New Zealand Public Media is not in breach of its collective duties if the agreement is inconsistent with the Charter; and b Aotearoa New Zealand Public Media or a pre-commencement media company may continue, until the dissolution date, its obligations under the agreement despite any inconsistency with the Charter. Clauses 15 and 16 (which relate to other references) also do not apply. Nothing effected or authorised by this subpart — a places a pre-commencement media company, Aotearoa New Zealand Public Media, or any other person in breach of an agreement or a confidence or makes any of them liable for a civil wrong; or b entitles a person to terminate or cancel an agreement or to accelerate the performance of an obligation or to impose a penalty or an increased charge; or c places a pre-commencement media company, Aotearoa New Zealand Public Media, or any other person in breach of an enactment, a rule of law, or a provision of an agreement that prohibits, restricts, or regulates the assignment or transfer of property or the disclosure of information; or d releases a surety wholly or in part from any obligation; or e invalidates or discharges an agreement or a surety. On the commencement date, the following are transferred to Aotearoa New Zealand Public Media from the pre-commencement media companies: a all land and interests in land: b all other property except for property consisting of contractual rights under an international agreement. In any instrument relating to any property referred to in subclause (1)(a) and (b) , a reference to a pre-commencement media company must be read as a reference to Aotearoa New Zealand Public Media. The Registrar-General of Land or any other person charged with keeping books or registers is not required to change, in those books or registers or in any document, the name of a pre-commencement media company to Aotearoa New Zealand Public Media solely because of this clause subpart . If Aotearoa New Zealand Public Media presents an instrument and a certificate referred to in subclause (5) to a Registrar or another person, the presentation of that instrument is, in the absence of proof to the contrary, sufficient evidence that the property is vested in Aotearoa New Zealand Public Media. For the purposes of this clause, the instrument need not be an instrument of transfer, but must— a be executed (or purport to be executed) by Aotearoa New Zealand Public Media; and b relate to property held by a pre-commencement media company immediately before the commencement date; and c be accompanied by a certificate by Aotearoa New Zealand Public Media that the property became vested in it by virtue of the provisions of this Act. All of the following continue as if this Act had not been passed and the ownership of the pre-commencement media companies and pre-commencement subsidiaries had not changed under clauses 3 and 4 : a an international agreement: b the completion of a matter or thing that relates to an existing right, interest, title, immunity, duty, status, or capacity (a legal position ), including, for example,— i a contract to which a pre-commencement media company is a party: ii contractual obligations owed by, and owed to, a pre-commencement media company: c the right to commence a proceeding that relates to an existing legal position: d the completion of a proceeding commenced or in progress before the commencement date: e shareholder continuity for the purposes of the Income Tax Act 2007. Any international agreement or other contract in force on the commencement date continues in force, but— a the board of Aotearoa New Zealand Public Media is not in breach of its collective duties if the agreement or contract is inconsistent with the Charter; and b Aotearoa New Zealand Public Media or a pre-commencement media company may continue, until the dissolution date, its obligations under the agreement or contract despite any inconsistency with the Charter. In any instrument relating to any matter referred to in subclause (1) , a reference to a pre-commencement media company must be read as a reference to Aotearoa New Zealand Public Media. For the purposes of the Inland Revenue Acts (as defined in section 3(1) of the Tax Administration Act 1994), Aotearoa New Zealand Public Media must be treated as the same person as each of RNZ and TVNZ. The continuity provisions of the Income Tax Act 2007, as defined in section YA 1 of that Act, apply as if this Act had not been passed and the ownership of the pre-commencement media companies and pre-commencement subsidiaries had not changed under clauses 3 and 4 . If a service is the same, or substantially the same, as a commercial-free service provided by RNZ before the commencement date, Aotearoa New Zealand Public Media must provide it in a commercial-free manner. In this clause,—— commercial-free — a means free of charge and without advertising or sponsorship; but b to avoid doubt, does not include advertising by Aotearoa New Zealand Public Media of Aotearoa New Zealand Public Media’s own services service does not include a service that is a means of transmission (such as radio itself). Aotearoa New Zealand Public Media must, when providing any of the following services, provide them free of charge and without advertising or sponsorship: a radio services known as the FM Concert Programme or RNZ Concert: b radio services known as National Radio or RNZ National: c the international service to the South Pacific in both English and Pacific languages: d website services on www.rnz.co.nz: e the RNZ app. This clause does not apply to any advertisements that are intended to promote services, or content on services, that are referred to in this clause. Nothing in sections 40 to 42 of the Public Works Act 1981 applies to the transfer of land and interests in land from the pre-commencement media companies to Aotearoa New Zealand Public Media under this Act, but if section 40 or 41 of that Act applied to transferred land or interests in land before the commencement date then that section will, after the transfer, apply to the land or interests in land (as if the pre-commencement media companies were the Crown and the land had not been transferred under this Act). Parts 2 and 3 of the Commerce Act 1986 do not apply to the transfers of shares and assets property in the pre-commencement media companies and in the pre-commencement subsidiaries to Aotearoa New Zealand Public Media. 28 February 2023 is the specified date for the purposes of the application of section 45K(1)(b) of the Public Finance Act 1989 to TVNZ and RNZ. On the commencement date,— a the employment of the chief executives of the pre-commencement media companies ceases; and b the employment of the other employees of the pre-commencement media companies is transferred to Aotearoa New Zealand Public Media. For the employees of the pre-commencement media companies who transfer under subclause (1)(b) ,— a employment by Aotearoa New Zealand Public Media is on the same terms and conditions as their employment with the pre-commencement media company; and b employment does not cease and they are not entitled to any compensation relating to the transfer; and c employment is continuous for the purposes of the Holidays Act 2003, the Parental Leave and Employment Protection Act 1987, and the KiwiSaver Act 2006 (as provided in clause 12 ); and d clause 13 applies if they are members of the Government Superannuation Fund. An employee’s tier must be treated, for the purpose of subclause (2)(a) , as the same if the tier is lower only as a result of the new position of the chief executive of Aotearoa New Zealand Public Media. The employment of an employee to whom this clause applies is to be treated as continuous for the purposes of— a entitlements under the following provisions in Part 2 of the Holidays Act 2003: i subpart 1 (annual holidays); and ii subpart 3 (public holidays and alternative holidays); and iii subpart 4 (sick leave and bereavement leave); and iv subpart 5 (family violence leave); and b entitlements to leave under the Parental Leave and Employment Protection Act 1987; and c the KiwiSaver Act 2006. For the purpose of subclause (1)(a) ,— a the period of employment of the employee that ends with the commencement date on which the employee moves to the new position must be treated as a period of employment with Aotearoa New Zealand Public Media for the purpose of determining the employee’s entitlement to annual holidays, sick leave, bereavement leave, and family violence leave; and b the chief executive of Aotearoa New Zealand Public Media must not pay the employee for annual holidays, or alternative holidays, not taken before the commencement date on which the employee moved to the new position ; and c the chief executive of Aotearoa New Zealand Public Media must recognise the employee’s entitlement to— i any sick leave, including any sick leave carried over under section 66 of the Holidays Act 2003, not taken before the commencement date on which the employee moved to the new position ; and ii any annual holidays not taken before the commencement date on which the employee moved to the new position ; and iii any alternative holidays not taken or exchanged for payment under section 61 of that Act before the commencement date on which the employee moved to the new position ; and iv any holidays not taken before the commencement date on which the employee moved to the new position in relation to which there was an agreement between the employee and the pre-commencement media company under section 44A or 44B of that Act. For the purpose of subclause (1)(b) , the period of employment of the employee by the pre-commencement media company that ends on the commencement date on which the employee moves to the new position must be treated as a period of employment with Aotearoa New Zealand Public Media. For the purpose of subclause (1)(c) , the employment of the employee by Aotearoa New Zealand Public Media after the commencement date in the new position is not new employment within the meaning of that term in the KiwiSaver Act 2006. A person who, immediately before the commencement date, is an employee of a pre-commencement media company and a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is, for the purposes of that Act, deemed to be employed in the Government service so long as that person continues to be an employee of Aotearoa New Zealand Public Media. The Government Superannuation Fund Act 1956 applies to the person in all respects as if that person’s service as an employee were in the Government service. For the purposes of applying the Government Superannuation Fund Act 1956 under subclause (1) , controlling authority, in relation to that employee, means— a the pre-commencement media company; or b Aotearoa New Zealand Public Media. This clause applies to a notice of termination by reason of redundancy that is the first redundancy for a particular employee of Aotearoa New Zealand Public Media after the commencement date. This clause applies to a notice of termination by reason of redundancy that is— a received by a particular employee to whom clause 11(1)(b) applied on the commencement date; and b received before 30 June 2026; and c the first redundancy for that employee after the commencement date. An employee of Aotearoa New Zealand Public Media who receives a notice to which this clause applies is not entitled to a redundancy payment if, before the employee’s employment has ended, the employee— a is offered and accepts another position as an employee in of Aotearoa New Zealand Public Media that— i begins before, on, or immediately after the date on which the employee’s preceding position ends; and ii is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and iii is on terms that treat service in either position as if it were continuous service; or b is offered an alternative position as an employee in of Aotearoa New Zealand Public Media that— i begins before, on, or immediately after the date on which the employee’s preceding position ends; and ii is a position with comparable duties and responsibilities to those of the employee’s preceding position; and iii is in substantially the same general locality or a locality within reasonable commuting distance; and iv is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and v is on terms that treat service in either position as if it were continuous service. Clauses 12 and 13 apply to an employee who (being an employee to whom subclause (2)(a) applies) is moving from 1 one position to another position in Aotearoa New Zealand Public Media. This clause overrides Part 6A of the Employment Relations Act 2000. This clause applies to a collective agreement (within the meaning of section 5 of the Employment Relations Act 2000) that is in force, and to which a pre-commencement media company is a party, immediately before the commencement date. On and after the commencement date, the collective agreement continues, and Aotearoa New Zealand Public Media is treated as a party to the collective agreement in place of the pre-commencement media company, by virtue of this subpart. If a collective agreement contains terms or conditions that apply before the commencement date only to a particular pre-commencement media company, those terms or conditions— a apply only to people who, immediately before the commencement date, were parties to the agreement or covered by those terms or conditions: b must be offered by Aotearoa New Zealand Public Media to employees who, immediately before the commencement date, would have been offered those terms or conditions— i unless the parties to the agreement agree otherwise; or ii until the agreement expires or otherwise ceases to have effect. A collective agreement that covers some but not all employees of a pre-commencement media company continues after the commencement date to cover only those employees. After the commencement date, if an instrument or other thing refers to a pre-commencement media company and that reference is no longer appropriate because functions were transferred to Aotearoa New Zealand Public Media on the commencement date, the reference must be read as a reference to Aotearoa New Zealand Public Media. After the commencement date, if an instrument or other thing refers to employees of a pre-commencement media company and that reference is no longer appropriate because those employees have been transferred, the reference must be read as a reference to the employees of Aotearoa New Zealand Public Media. After the commencement date, if an instrument or other thing refers to employees of a pre-commencement media company and that reference is no longer appropriate because functions were transferred to Aotearoa New Zealand Public Media, the reference must be read as a reference to the employees who carry out the relevant functions at Aotearoa New Zealand Public Media. After the commencement date, if an instrument or other thing refers to a chief executive of a pre-commencement media company and that reference is no longer appropriate because the employment of that chief executive has ceased, the reference must be read as a reference to the chief executive of Aotearoa New Zealand Public Media. If an instrument or other thing refers to a chief executive of a pre-commencement media company and that reference is no longer appropriate because functions were transferred to Aotearoa New Zealand Public Media, the reference must be read as a reference to the chief executive of Aotearoa New Zealand Public Media. The board of Aotearoa New Zealand Public Media may set as the dissolution date any date before 1 March 2028 . The dissolution date must be set no later than 3 months before the dissolution date. On the dissolution date, property that consists of contractual rights under any international agreement that remains in force is transferred to Aotearoa New Zealand Public Media from the pre-commencement media company companies . See clause 7(1) and (3) (international agreement continues in force; references to be read as references to Aotearoa New Zealand Public Media). As soon as is reasonably practicable on or after the dissolution date, the Registrar of Companies must remove the pre-commencement media companies from the companies register. In this clause, companies register means the register of companies incorporated in New Zealand that is kept under section 360(1)(a) of the Companies Act 1993. 2 Amendments to other enactments on commencement date Replace section 39A with: 39A Funding and commissioning policies The Commission and Te Reo Whakapuaki Irirangi must, in carrying out their respective functions under this Act, each have regard to— a the funding policies adopted by the other; and b the commissioning policies of Aotearoa New Zealand Public Media. In section 44(1A), replace Radio New Zealand Limited with Aotearoa New Zealand Public Media . Repeal section 44(1A). In Schedule 1, Part A, replace Radio New Zealand Limited and Television New Zealand Limited with Aotearoa New Zealand Public Media . In section 50(1), definition of archive , replace paragraph (a)(iii) and (iv) with: iii the sound and film archives maintained by Aotearoa New Zealand Public Media; or Replace section 56(5) with: 5 This section does not apply to the sound and film archives maintained by Aotearoa New Zealand Public Media or the film archive maintained by the New Zealand Film Archive Incorporated. In section 57(1), replace Radio New Zealand Limited with Aotearoa New Zealand Public Media . In section 57(2), replace Television New Zealand Limited with Aotearoa New Zealand Public Media . Repeal section 57A. In Schedule 1, Part 2, insert in its appropriate alphabetical order: The following table is small in size and has 6 columns. This table amends Part 2 of Schedule 1 of the Crown Entities Act 2004 and should be read with that table to provide understanding of the context. Name Exemption from acquisition of financial products, borrowing, guarantee, and derivative rules Exemption from section 165 (net surplus payable to Crown) s 161 s 162 s 163 s 164 Aotearoa New Zealand Public Media ✓ ✓ ✓ ✓ ✓ In Schedule 2, repeal the items relating to Radio New Zealand Limited and Television New Zealand Limited. Repeal section 2 and the cross-heading above section 2. In Schedule 36, Part A, insert in its appropriate alphabetical order: Aotearoa New Zealand Public Media In Schedule 36, Part A, repeal the items relating to Radio New Zealand Limited and Television New Zealand Limited. In Schedule 1, insert in its appropriate alphabetical order: Aotearoa New Zealand Public Media In Schedule 1, repeal the items relating to Radio New Zealand Limited and Television New Zealand Limited. In Schedule 1, Part 2, insert in its appropriate alphabetical order: Aotearoa New Zealand Public Media In Schedule 1, Part 2, repeal the items relating to Radio New Zealand Limited and Television New Zealand Limited. In section 2(1), insert in its appropriate alphabetical order: Aotearoa New Zealand Public Media has the meaning given in section 4 of the Aotearoa New Zealand Public Media Act 2022 , and includes any subsidiary within the meaning of section 5 of the Companies Act 1993 In section 2(1), repeal the definition of Radio New Zealand . In the heading to section 174, replace Radio New Zealand Limited with Aotearoa New Zealand Public Media . In section 174(2), (3), and (5), replace Radio New Zealand with Aotearoa New Zealand Public Media . In section 175(1), replace Radio New Zealand with Aotearoa New Zealand Public Media . In section 177(1), replace Radio New Zealand with Aotearoa New Zealand Public Media . In section 178(1), replace Radio New Zealand with Aotearoa New Zealand Public Media . Replace regulation 5A(a) with: a Aotearoa New Zealand Public Media: Revoke. Revoke. Revoke.