Legal framework to put TVNZ Archive material online
Joss J. made this Official Information request to Television New Zealand Limited
The request was partially successful.
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.
From: Brent McAnulty
Television New Zealand Limited
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/
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
-----Original Message-----
From: Joss J. <[FOI #10665 email]>
Sent: Wednesday, 3 July 2019 9:49 a.m.
To: Brent McAnulty <[email address]>
Subject: Official Information request - Legal framework to put TVNZ Archive material online
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://urldefense.proofpoint.com/v2/url... ),
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: 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.
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
-----Original Message-----
From: Joss J. <[FYI request #10665 email]>
Sent: Wednesday, 31 July 2019 8:31 a.m.
To: Brent McAnulty <[email address]>
Subject: RE: Official Information request - Legal framework to put TVNZ Archive material online
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.
-----Original Message-----
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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FYI request #10665 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://urldefense.proofpoint.com/v2/url...
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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