Background

1. In its Te Reo Māori Report (Wai 11), the Waitangi Tribunal found that the Treaty of Waitangi was directed to ensuring a place for 2 peoples in New Zealand. The Tribunal found that the Māori language is an essential part of Māori culture and must be regarded as a taonga, a valued possession. The Tribunal questioned whether the principles and broad objectives of the Treaty of Waitangi could be achieved without a recognised place for the Māori language. The Tribunal found that the Crown is obliged by the Treaty to take active steps to protect the Māori language. The Crown accepted these findings.
2. In the litigation that culminated in the decision of the Judicial Committee of the Privy Council in December 1993 (New Zealand Māori Council v Attorney General [1994] 1 NZLR 513), the Crown accepted that the principles of the Treaty of Waitangi impose a continuing obligation to take such steps as are reasonable to assist in the preservation of te reo Māori by the use of both radio and television broadcasting:
3. In that litigation, the Crown outlined a time frame relating to, among other things, the development of special purpose Māori television. The Māori Television Service is a key result of the policy developed for protecting and promoting te reo Māori on television.
4. The establishment of the Māori Television Service, in which te reo Māori me ngā tikanga Māori have a secure place and are recognised and actively promoted is intended to contribute to meeting the Crown's commitment to the protection and promotion of te reo Māori me ngā tikanga Māori through broadcasting.
5. The Māori Television Service Act was enacted in 2003, to provide for the establishment of the Māori Television Service (MTS), and sets out the functions, duties, and powers of MTS.
6. It also makes provision for the establishment of Te Pūtahi Paoho (the Māori Television Electoral College), and sets out the functions, duties and powers of Te Pūtahi Paoho.
7. The Māori Television Service Act 2003 specifies that the responsible Ministers (the Minister of Māori Affairs and the Minister of Finance) must (a) commence a review of the operation and effectiveness of the Act and (b) prepare a report to the House of Representatives about that review, with recommendations for any amendments to the Act (s56 refers).
8. The review must commence as soon as practicable after the expiry of five years from the commencement day of the Act (ie, 7 May 2008), and the report must be presented to the House within six years of the commencement day (ie, 7 May 2009).
9. This review must be undertaken in accordance with terms of reference that are established by the responsible Ministers, following consultation with Te Pūtahi Paoho.
10. This document sets out the terms of reference for the Review of the Māori Television Service Act 2003 (the review). It addresses the following issues:
    1. Who. The terms of reference identify who will undertake the review.
    2. How. The terms of reference identify how the review will be undertaken.
    3. When. The terms of reference identify the timeframe for the review, within the parameters established by the Māori Television Service Act 2003.
    4. What. The terms of reference identify the issues that will be considered within the review.
    5. Out-of–Scope. The terms of reference also specify the issues that are ‘out-of-scope’ and will not be considered within the review.

Who Will Undertake the Review

11. The review will be undertaken by an independent panel of three people who collectively have expertise in the following areas:
    1. Māori language revitalisation;
    2. The television industry in the New Zealand context; and
    3. Broadcasting legislation.
12. Members of the independent panel will be selected, in consultation with the responsible Ministers and Te Pūtahi Paoho. The sitting fees for the independent panel, and other associated costs, will be met by Te Puni Kōkiri.
13. MTS shall play a leading role in advising the independent panel.
14. Te Puni Kōkiri will act as a secretariat for the independent panel.

How will the Review be Undertaken

15. The independent panel will be required to confirm its work programme for conducting the review within two months of commencement.
16. Appropriate consultation with MTS will occur prior to finalisation of the work programme for the review.
17. Notwithstanding that, it is likely that the review will include:
    1. consideration of the long-term strategic planning of MTS;
    2. consideration of television industry and technological developments;
    3. consideration of the Māori Broadcasting and E-Media Policy Framework, Māori Language Strategy and other relevant strategies;
    4. analysis of equivalent legislation and related instruments in other jurisdictions;
    5. analysis of other broadcasting legislation and related instruments in New Zealand;
    6. analysis of other relevant documentation, including MTS’s annual accountability documents; and
    7. engagement with key stakeholders in the Māori language and broadcasting sectors.
18. In addition, the independent panel may wish to invite submissions from the general public.
19. An inclusive reporting process will be adopted that provides MTS with the opportunity to provide feedback prior to finalisation of the review report.

The Timeframe for the Review

20. The MTS Act requires that the review must commence as soon as possible after 7 May 2008.
21. The independent panel shall be required to confirm its work programme for conducting the review by 7 July 2008.
22. The independent panel shall be required to provide a progress report to the responsible Ministers and the Chair of Te Pūtahi Paoho by 30 November 2008.
23. The independent panel shall be required to provide its draft final report to the responsible Ministers and the Chair of Te Pūtahi Paoho by 30 March 2009.
24. The responsible Ministers and the Chair of Te Pūtahi Paoho shall confirm the final report by 30 April 2009.
25. The responsible Ministers shall table the report in the House of Representatives by 7 May 2009.

What the Review will Consider

26. The review will consider the following issues:

Access

27. The review will consider the nature of MTS’s broadcasting platform, including, inter alia: the UHF Right (s 21-24 refers); the convergence of broadcasting technology and other electronic media; the advent of digital television, including the establishment of the Freeview Group; and the establishment of MTS as a multi-channel broadcaster (s9 refers; cf Broadcasting Amendment Bill 2007).

Focus

28. The review will consider the focus of MTS on the Māori language and culture, including, inter alia: the role of MTS in promoting the Māori language and culture; the interface between MTS and other Māori language and culture agencies; and the level of specificity around these issues in the Act under Section 8(2).

Quality

29. The review will consider various aspects of the legislative framework that impact on the ability of MTS to provide high quality, cost effective services, including, inter alia: accountability documents (s25-44 refer); editorial independence (s10 refers); performance measurement arrangements; and funding mechanisms and quanta (s26 refers; cf Broadcasting Act 1989 s53).

General Issues

30. The review will consider general issues, including, inter alia: governance arrangements (s18-20, Schedule 2 refers); composition, roles and operations of Te Pūtahi Paoho (s12-17, Schedule 1 refers); and the employment arrangement of the chief executive (Schedule 2 refers).

Other Matters

31. The independent panel may also consider other matters that it considers salient to the review, so long as these matters do not fall out-of-scope.

Out-of-Scope Matters

32. The following issues will not be considered in the review of the operation and effectiveness of the Māori Television Service Act:
    1. the operational activities of MTS;
    2. the quality and content of planning and reporting in accountability documents;
    3. any decisions about programme content or timing, and other editorial matters;
    4. the perceived quality of broadcast content;
    5. ratings achieved by MTS over the course of its operations; and
    6. the actual performance of MTS as reported in accountability documents (although this may inform whether or not the provisions of the Act are encouraging an appropriate level of accountability).

Miscellaneous Provisions

33. The independent panel shall be able to revise these terms of reference with the written approval of the responsible Ministers and the Chair of Te Pūtahi Paoho.
34. The proceedings and deliberations of the independent panel shall be confidential, and shall not be available for release until the final report is tabled in the House of Representatives by the responsible Ministers.

Last modified: 19/12/2008