Media Release 24/10/07
The Minister of Internal Affairs, the Hon. Rick Barker, has failed to replace three members of the nine-member Film and Literature Board of Review (“the Board”), whose positions expired on 31 March 2007, almost seven months ago. The Society, which has raised numerous concerns with the Minister and his predecessor, the Hon. George Hawkins, over their respective failures to comply with their statutory duties regarding Board appointments; says that these three lame- duck members – Peter Cartwright, Dr Lalita Rajasingham and Stephen Stehlin – have played no active role in Board proceedings since 27 April 2007. However, it points out that the Board is required by law to have NINE fully-functioning members (not just six), each fully capable of participating in all review processes, who reflect the breadth of cultural, ethical and standards-based concerns found in New Zealand Society in the area of censorship (safeguarding the “public good”) [1].
The Board has continued this year to convene hearings, deliberate on critical reviews and issue decisions, but has done so since the end of April without any input from the three lame-duck members concerned. While it is true that the Board can operate with full authority and carry out its functions in law as a quorum of five [2], the non-participation of three members due to their positions having expired, is not sanctioned in law, says the Society. The quorum provision is only there for pragmatic reasons – to overcome genuine unavailability (sickness, family commitments, work conflicts etc) of members. It is not a provision put in place to assist a tardy Minister, unable or refusing to carry out his statutory duties. [Read more…]