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Legal framework to put TVNZ Archive material online

Joss J. made this Official Information request to Television New Zealand Limited

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From: Joss J.

Dear Television New Zealand Limited,

In a letter from Nga Taonga Sound and Vision to the Ministry for Culture and Heritage dated 3 December 2018 (and released under the OIA https://fyi.org.nz/request/10206-nearly-...),

Chief Executive Rebecca Elvy says:

“In October, TVNZ issued us with a proposed new legal framework around placing the collection online which removes/alters some of the current rights we have to put this material online under the existing Transfer Agreement. We have been asked to sign this before we can make any more TVNZ content publicly accessible on our online catalogue.”

Can you please supply the legal framework that is mentioned in the letter. And can you confirm whether the framework has been signed by Nga Taonga.

Can you also please supply any correspondence you hold between Nga Taonga and TVNZ relating to this framework.

Yours faithfully,

Joss J.

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From: Brent McAnulty
Television New Zealand Limited


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Dear Joss J

 

Your email requesting information related to the proposed new legal
framework with Nga Taonga.

 

We will respond to your request in due course

 

Yours sincerely

 

 

Brent McAnulty
General Counsel and Corporate Affairs Director

d.  +64 9 916 7935
m. +64 27 226 4913

 

[1]tvnz-horizontal.jpg

 

 

References

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1. https://www.tvnz.co.nz/

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From: Brent McAnulty
Television New Zealand Limited

Dear Joss J

The legal framework referred to is a document that TVNZ provided to Nga Taonga Sound & Vision in draft form. It has not been signed. The parties recently met to discuss progress on this and other issues, and this will give rise to a renegotiation of the agreement between us.

As the framework is a draft, and the elements within it are subject to negotiation, we are withholding it and the related correspondence under:

- Section 9 (2)(b)(ii) of the Act in that it remains commercially sensitive, and

- Section 18(d) of the Act in that a final version will be made available once agreed and completed.

In our view the withholding of the information is not outweighed by other considerations which render it desirable in the public interest to make it available. In accordance with Section 19(b) of the Act we advise that you have the right to seek an investigation and review of the above refusal by making a complaint under Section 28(3) to an Ombudsman.

Yours sincerely

Brent McAnulty
General Counsel and Corporate Affairs Director

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From: Joss J.

Dear Brent McAnulty,

Thanks for your response. When you say withheld under "Section 18(d) of the Act in that a final version will be made available once agreed and completed".

Does this mean that you will proactively release the finalized and signed document? If so, are you able to send it as a response to this OIA so that people can easily find it.

Yours sincerely,

Joss J.

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From: Brent McAnulty
Television New Zealand Limited

Hi Joss

Yes, I would be happy to do that.

Regards
Brent

Brent McAnulty
General Counsel and Corporate Affairs Director

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