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Broadcasting Act 1989
Broadcasting Standards Authority
23: Power of Minister to request Authority to consider matter involving broadcasting standards

1Short Title and commencement 2Interpretation 3Act to bind the Crown

Part 1:
Programme standards

4Responsibility of broadcasters for programme standards

Part 2:
Complaints

5Principles 6Formal complaints about programmes 7Decisions in respect of formal complaints 8Right of complainant to refer formal complaint to Authority 9Time limits 10Consideration and determination of complaints by Authority 11Power of Authority to decline to determine complaint 12Application of Commissions of Inquiry Act 1908 13Decisions on complaints 13AAdditional powers to make orders in respect of series 14Offences 15Notice of decisions 16Power to award costs 17Enforcement of orders for costs

Appeals

18Appeal against decision of Authority 19Decision of High Court to be final

Evidence

19AAdmissibility of evidence

Part 3:
Broadcasting Standards Authority

20Establishment of Authority 21Functions of Authority 22Notification and publication of approved codes of broadcasting practice 23Power of Minister to request Authority to consider matter involving broadcasting standards 24Powers of Authority 25Power of Authority to commission surveys 26Membership of Authority 27Term of office of members of Authority 28Continuation of membership 29Delegation of functions or powers by Authority 30Rules in relation to retention of recordings of programmes 30AReturn on total revenue 30BPayment of annual levy 30CAnnual levy 30DRebates 30ERecovery of levies 30FGoods and services tax 30GOffence 31Funds of Authority 32Seal 33Exemption from income tax 34Further provisions applying in respect of Authority

Part 4:
Broadcasting Commission

35Establishment of Commission 36Functions of Commission 37Promotion of New Zealand content in programming 38Powers of Commission 39Matters to be taken into account in relation to funding proposals 39AFunding policies 40Requirements in relation to standards 41Requirements in relation to equal employment opportunities 42Prohibition in relation to certain directions 43Contracts in relation to use of funds 44Commission to have regard to Government policy 45Membership of Commission 46Term of office of members of Commission 47Public broadcasting fees 48Funds of Commission 49Administrative expenses 50Refund of amount of administrative expenses 51Exemption from income tax 52Seal 53Further provisions applying in respect of Commission

Part 4A:
Te Reo Whakapuaki Irirangi

53AEstablishment of Te Reo Whakapuaki Irirangi 53BFunctions of Te Reo Whakapuaki Irirangi 53CConsultation 53DPowers of Te Reo Whakapuaki Irirangi 53EMatters to be taken into account in relation to funding proposals 53FRequirements in relation to standards 53GRequirements in relation to equal employment opportunities 53HContracts in relation to use of funds 53IMembership of Te Reo Whakapuaki Irirangi 53JTerm of office of members of Te Reo Whakapuaki Irirangi 53KFunds of Te Reo Whakapuaki Irirangi 53LPayment of funds to Te Reo Whakapuaki Irirangi by Commission 53MAdministrative expenses 53NRefund of amount of administrative expenses 53OExemption from income tax 53PSeal 53QCrown entity 53RFurther provisions applying in respect of Te Reo Whakapuaki Irirangi 53STe Reo Whakapuaki Irirangi to have regard to Government policy

Part 5:
Restrictions on broadcasting by overseas persons

54Interpretation 55Shareholding interests 56Control of voting rights 57Shareholding interests derived through other companies 58Shareholding interests derived by overseas persons through other companies 59Aggregation of shareholding interests 60Exemption in respect of life insurance companies 61Restriction on broadcasting by overseas person 62Restriction on overseas ownership of broadcaster 63Special provisions in respect of ownership by overseas person of shareholding interest in company broadcasting sound radio programmes only 64Special provision in respect of incidental acquisition of shares 65Special provision in respect of ownership by life insurance company of shareholding interest in company that broadcasts programmes 66Offence 67Exception in relation to broadcasting outside New Zealand 68Exception in respect of shareholding interests held immediately before 17 May 1989

Part 6:
Electoral broadcasting

69Interpretation 69ALimited application of this Part to by-elections

Provisions applying to broadcasters

70Broadcasting election programmes 70AObligation of political parties to give notice to Electoral Commission 70BTime by which notice must be given 70CParticulars of notice 70DPersons deemed to be candidates 71Hours during which broadcast of election programmes prohibited 71AElectoral Commission to ascertain time available for opening addresses and closing addresses 72Obligation to give identical terms to each party or constituency candidate 72ALimits on amount of time 72BRadio election programmes confined to broadcasting stations that broadcast advertising programmes 73Programme standards in relation to election programmes 73AObligation of political parties to give notice to Authority

Funding for election programmes and election advertisements in relation to general election

74Public money to be appropriated for funding election programmes and election advertising in relation to general election 74AAllocation of money to political parties 74BApplication and payment of allocation 75Electoral Commission to set date for parties to notify qualification for allocation 75AConsultation with broadcasters 76Parties to give notice of qualification 76APower of Electoral Commission to vary allocations 76BRecovery of money from political party 76CProcedure in relation to early elections 76DModifications to application of this Part if section 76C applies 77Consultation with parties 77AOpening addresses and closing addresses 77BDuration of television programmes 78Criteria for allocating money to party 79Allocation decision 79AHours during which election programmes prohibited 79BObligation to give identical terms to each political party or candidate 79CReturns in relation to broadcasting time 79DReturns to be available for public inspection 80Electoral Commission may vary allocation 80AHow allocation may be used 80BPayment of allocation 80CApportionment of publishing costs incurred in relation to election advertisements published both before and during election period 80DCost funded from party allocation not party election expense 80EReturn of party’s allocation expenses 80FRecovery of money from party 80GProcedure in relation to early elections 80HModification to application of this Part if section 80G applies

Offences

80IOffences relating to broadcasting 80JDuty to report suspected offences

Part 7:
Miscellaneous provisions

81Advertising hours 82Regulations 83Amendment to Commerce Act 1986 84Amendment to State-Owned Enterprises Amendment Act 1987 85Amendment to State-Owned Enterprises Act 1986 86Amendment to Telecommunications Act 1987 87Amendment to State-Owned Enterprises Amendment Act (No 4) 1988 88Consequential amendments 89Repeals and savings 90Revocations 91Savings and transitional provisions in relation to public broadcasting fee 92Transitional provision in relation to broadcasting station levies 93Transitional provisions in relation to Broadcasting Tribunal 94Transitional provisions in relation to appeals under Broadcasting Act 1976 95Transitional provision in relation to radio apparatus licences 96Final Report of Broadcasting Tribunal 97Transitional provision relating to funding of New Zealand Symphony Orchestra Limited 98Transitional provision in relation to restrictions on broadcasting by overseas persons

Schedule 1:
Provisions applying in respect of Broadcasting Standards Authority and Broadcasting Commission

Schedule 2:
Enactments amended

Schedule 3:
Repeals

Schedule 4:
Regulations and orders revoked

Broadcasting Act 1989

Broadcasting Standards Authority

23: Power of Minister to request Authority to consider matter involving broadcasting standards

You could also call this:

"The Minister can ask the Broadcasting Standards Authority to check if a TV or radio show meets standards."

You can ask the Broadcasting Standards Authority to look at something related to broadcasting standards if you think it is good for the public. The Minister can do this and ask the Authority to decide if they should give their opinion on the matter under section 21(1)(d). When the Minister asks the Authority to look at something, they must tell everyone by publishing it in the Gazette and showing it to the House of Representatives.

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This page was last updated on 27 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM157463.

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22: Notification and publication of approved codes of broadcasting practice, or

"Notifying the public about broadcasting rules"

24: Powers of Authority, or

"What the Broadcasting Standards Authority can do"

Part 3Broadcasting Standards Authority

23Power of Minister to request Authority to consider matter involving broadcasting standards

Where the Minister considers it is desirable in the public interest to do so, the Minister may refer any matter relating to broadcasting standards to the Authority and require the Authority to consider whether or not it is appropriate to issue an advisory opinion on the matter under section 21(1)(d).
As soon as practicable after referring any matter to the Authority under subsection (1), the Minister shall publish in the Gazette and lay before the House of Representatives a copy of the reference.