Public Interest Journalism Fund: General Guidelines - emails

Micky Turner made this Official Information request to NZ On Air

The request was partially successful.

From: Micky Turner

Dear NZ On Air,

In regards to establishing the 'General Guidelines' for the Public Interest Journalism Fund - can you please provide the following information:

1. All NZ On Air emails discussing the topic (including emails to and from the Minister for Broadcasting)

2. The names of all MSM applicants

2. All research (reports/legal advice) undertaken to ensure the 'Eligibility Criteria' is compliant with Section 42 of the Broadcasting Act 1989:
Prohibition in relation to certain directions
Nothing in this Act or the Crown Entities Act 2004 authorises the Commission to give a direction to any person to whom the Commission has made funds available under section 36, in respect of the editorial content of a particular programme.'

Part of the Eligibility Criteria for the $55 million dollar funding is that 'every' applicant 'must' demonstrate a clear and obvious commitment or intent for commitment to Te Tiriti o Waitangi.

This appears to be a type of indirect directive in respect to editorial content. There are obvious dangers in Government agencies dictating editorial content and using the threat of either not providing or withdrawing funding to journalists and media organisations - if they do not comply with those directives.

It is an effective way to silence dissent.

NZ on Air has a legislative and moral duty to ensure that 'some' applicants demonstrate a clear and obvious commitment or intent for commitment to Te Tiriti o Waitangi. However, dictating that 'all' applicants must demonstrate this - is an overreach of it's functions and a sign of political interference. The Act is clear in saying that the Minister may not give direction to cultural matters and may not control content.

44
Commission to have regard to Government policy
(1)
The Minister may not give a direction to the Commission in relation to cultural matters.
(1A)
The Minister shall ensure that at all material times the Minister has notified the Commission of the Government’s policies, and provided the Commission with an appropriate direction, in respect of the funding of Radio New Zealand Limited.
(2)
No responsible Minister or any other Minister, and no person acting by or on behalf of or at the direction of a responsible Minister or any other Minister, may give a direction in respect of—
(a) any programme or content; or
(b) the gathering or presentation of news or the preparation or presentation of any current affairs programme or content.

Yours faithfully,

Micky Turner

Link to this

From: NZOA Info
NZ On Air


Attachment image001.jpg
196K Download


Tēnā koe Micky

 

Thank you for your email. Your OIA request has been noted and will be
responded to within the statutory timeframe.

 

Nāku, nā

Hilaire Carmody

Executive Assistant to the Chief Executive

NZ On Air | Irirangi Te Motu

Pronouns: She/Her

DDI: 04 802 8301 [mobile number]

At NZ On Air we work flexibly. Email or Mobile  is my preferred
communication method as I am sometimes working from home.

[1]www.nzonair.govt.nz Follow us on [2]Facebook, [3]Twitter or
[4]Instagram

PO Box 9744 | Wellington | New Zealand 6141

 

 

 

-----Original Message-----

From: Micky Turner <[5][FOI #15896 email]>

Sent: Thursday, 24 June 2021 1:23 PM

To: NZOA Info <[6][NZ On Air request email]>

Subject: Official Information request - Public Interest Journalism Fund:
General Guidelines - emails

 

Dear NZ On Air,

 

In regards to establishing the 'General Guidelines' for the Public
Interest Journalism Fund - can you please provide the following
information:

 

1. All NZ On Air emails discussing the topic (including emails to and from
the Minister for Broadcasting)

 

2. The names of all MSM applicants

 

2. All research (reports/legal advice) undertaken to ensure the
'Eligibility Criteria' is compliant with Section 42 of the Broadcasting
Act 1989:

Prohibition in relation to certain directions Nothing in this Act or the
Crown Entities Act 2004 authorises the Commission to give a direction to
any person to whom the Commission has made funds available under section
36, in respect of the editorial content of a particular programme.'

 

Part of the Eligibility Criteria for the $55 million dollar funding is
that 'every' applicant 'must' demonstrate a clear and obvious commitment
or intent for commitment to Te Tiriti o Waitangi. 

 

This appears to be a type of indirect directive in respect to editorial
content.  There are obvious dangers in Government agencies dictating
editorial content and using the threat of either not providing or
withdrawing funding to journalists and media organisations - if they do
not comply with those directives.

 

It is an effective way to silence dissent.

 

NZ on Air has a legislative and moral duty to ensure that 'some'
applicants demonstrate a clear and obvious commitment or intent for
commitment to Te Tiriti o Waitangi.  However, dictating that 'all'
applicants must demonstrate this - is an overreach of it's functions and 
a sign of political interference.  The Act is clear in saying that the
Minister may not give direction to cultural matters and may not control
content.

 

44

Commission to have regard to Government policy

(1)

The Minister may not give a direction to the Commission in relation to
cultural matters.

(1A)

The Minister shall ensure that at all material times the Minister has
notified the Commission of the Government’s policies, and provided the
Commission with an appropriate direction, in respect of the funding of
Radio New Zealand Limited.

(2)

No responsible Minister or any other Minister, and no person acting by or
on behalf of or at the direction of a responsible Minister or any other
Minister, may give a direction in respect of—

(a) any programme or content; or

(b) the gathering or presentation of news or the preparation or
presentation of any current affairs programme or content.

 

Yours faithfully,

 

Micky Turner

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[7][FOI #15896 email]

 

Is [8][NZ On Air request email] the wrong address for Official Information
requests to NZ On Air? If so, please contact us using this form:

[9]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[10]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

References

Visible links
1. http://www.nzonair.govt.nz/
2. https://www.facebook.com/pages/NZ-On-Air...
3. https://twitter.com/nzonairmusic
4. https://www.instagram.com/nz_on_air/
5. mailto:[FOI #15896 email]
6. mailto:[NZ On Air request email]
7. mailto:[FOI #15896 email]
8. mailto:[NZ On Air request email]
9. https://fyi.org.nz/change_request/new?bo...
10. https://fyi.org.nz/help/officers

hide quoted sections

Link to this

From: Hilaire Carmody
NZ On Air


Attachment image001.jpg
196K Download


Tēnā koe Mickey

 

I am following up on your OIA request below dated the 24 June 2021.

 

The OIA requires that we advise you of our decision on your request no
later than 20 working days after the day we received your request.
Unfortunately, it will not be possible to meet that time limit and we are
therefore writing to notify you of an extension of the time to make our
decision, of another 20 working days to Friday 20 August 2021.
This date is the latest time that we will respond to you. We are
endeavouring to get a response to you in the soonest possible instance.

 

This extension is necessary

 a. to ensure a thorough search of our systems
 b. to consult with third parties in the emails that you have requested

 

I also wish to clarify point number 2 in your email below. To ensure we
are using the same terminology, can you please expand the acronym ‘MSM’.

 

If you wish to discuss any aspect of your request with us, including this
decision, please feel free to contact me on [1][email address], or
04 802 8301.

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or freephone 0800 802 602.

 

Nāku, nā

Hilaire Carmody

Executive Assistant to the Chief Executive

NZ On Air | Irirangi Te Motu

Pronouns: She/Her

DDI: 04 802 8301 [mobile number]

At NZ On Air we work flexibly. Email or Mobile  is my preferred
communication method as I am sometimes working from home.

[3]www.nzonair.govt.nz Follow us on [4]Facebook, [5]Twitter or
[6]Instagram

PO Box 9744 | Wellington | New Zealand 6141

 

 

 

 

 

-----Original Message-----
From: Micky Turner <[7][FOI #15896 email]>
Sent: Thursday, 24 June 2021 1:23 PM
To: NZOA Info <[8][NZ On Air request email]>
Subject: Official Information request - Public Interest Journalism Fund:
General Guidelines - emails

 

Dear NZ On Air,

 

In regards to establishing the 'General Guidelines' for the Public
Interest Journalism Fund - can you please provide the following
information:

 

1. All NZ On Air emails discussing the topic (including emails to and from
the Minister for Broadcasting)

 

2. The names of all MSM applicants

 

2. All research (reports/legal advice) undertaken to ensure the
'Eligibility Criteria' is compliant with Section 42 of the Broadcasting
Act 1989:

Prohibition in relation to certain directions Nothing in this Act or the
Crown Entities Act 2004 authorises the Commission to give a direction to
any person to whom the Commission has made funds available under section
36, in respect of the editorial content of a particular programme.'

 

Part of the Eligibility Criteria for the $55 million dollar funding is
that 'every' applicant 'must' demonstrate a clear and obvious commitment
or intent for commitment to Te Tiriti o Waitangi. 

 

This appears to be a type of indirect directive in respect to editorial
content.  There are obvious dangers in Government agencies dictating
editorial content and using the threat of either not providing or
withdrawing funding to journalists and media organisations - if they do
not comply with those directives.

 

It is an effective way to silence dissent.

 

NZ on Air has a legislative and moral duty to ensure that 'some'
applicants demonstrate a clear and obvious commitment or intent for
commitment to Te Tiriti o Waitangi.  However, dictating that 'all'
applicants must demonstrate this - is an overreach of it's functions and 
a sign of political interference.  The Act is clear in saying that the
Minister may not give direction to cultural matters and may not control
content.

 

44

Commission to have regard to Government policy

(1)

The Minister may not give a direction to the Commission in relation to
cultural matters.

(1A)

The Minister shall ensure that at all material times the Minister has
notified the Commission of the Government’s policies, and provided the
Commission with an appropriate direction, in respect of the funding of
Radio New Zealand Limited.

(2)

No responsible Minister or any other Minister, and no person acting by or
on behalf of or at the direction of a responsible Minister or any other
Minister, may give a direction in respect of—

(a) any programme or content; or

(b) the gathering or presentation of news or the preparation or
presentation of any current affairs programme or content.

 

Yours faithfully,

 

Micky Turner

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[9][FOI #15896 email]

 

Is [10][NZ On Air request email] the wrong address for Official Information
requests to NZ On Air? If so, please contact us using this form:

[11]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[12]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

References

Visible links
1. mailto:[email address]
2. http://www.ombudsman.parliament.nz/
3. http://www.nzonair.govt.nz/
4. https://www.facebook.com/pages/NZ-On-Air...
5. https://twitter.com/nzonairmusic
6. https://www.instagram.com/nz_on_air/
7. mailto:[FOI #15896 email]
8. mailto:[NZ On Air request email]
9. mailto:[FOI #15896 email]
10. mailto:[NZ On Air request email]
11. https://fyi.org.nz/change_request/new?bo...
12. https://fyi.org.nz/help/officers

hide quoted sections

Link to this

From: Micky Turner

Dear Hilaire,

I am going to withdraw this request. This matter has been well traversed on social media & has been brought to the attention of the Broadcasting Minister..

Thanks for your time!

Take care :)

Cheers - Micky

Link to this

From: Hilaire Carmody
NZ On Air

Tēnā koe Mickey

Noting the withdrawal of your request.

Nāku, nā
Hilaire Carmody

-----Original Message-----
From: Micky Turner <[FOI #15896 email]>
Sent: Saturday, 24 July 2021 7:24 pm
To: Hilaire Carmody <[email address]>
Subject: RE: Official Information request - Public Interest Journalism Fund: General Guidelines - emails

Dear Hilaire,

I am going to withdraw this request. This matter has been well traversed on social media & has been brought to the attention of the Broadcasting Minister..

Thanks for your time!

Take care :)

Cheers - Micky

-----Original Message-----

Tēnā koe Mickey

 

I am following up on your OIA request below dated the 24 June 2021.

 

The OIA requires that we advise you of our decision on your request no later than 20 working days after the day we received your request.
Unfortunately, it will not be possible to meet that time limit and we are therefore writing to notify you of an extension of the time to make our decision, of another 20 working days to Friday 20 August 2021.
This date is the latest time that we will respond to you. We are endeavouring to get a response to you in the soonest possible instance.

 

This extension is necessary

 a. to ensure a thorough search of our systems
 b. to consult with third parties in the emails that you have requested

 

I also wish to clarify point number 2 in your email below. To ensure we are using the same terminology, can you please expand the acronym ‘MSM’.

 

If you wish to discuss any aspect of your request with us, including this decision, please feel free to contact me on [1][email address], or
04 802 8301.

You have the right to seek an investigation and review by the Ombudsman of this decision. Information about how to make a complaint is available at [2]www.ombudsman.parliament.nz or freephone 0800 802 602.

 

Nāku, nā

Hilaire Carmody

Executive Assistant to the Chief Executive

NZ On Air | Irirangi Te Motu

Pronouns: She/Her

DDI: 04 802 8301 [mobile number]

At NZ On Air we work flexibly. Email or Mobile  is my preferred communication method as I am sometimes working from home.

[3]www.nzonair.govt.nz Follow us on [4]Facebook, [5]Twitter or [6]Instagram

PO Box 9744 | Wellington | New Zealand 6141

 

 

 

 

 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #15896 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

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