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CHART RULES (as at April 2023)
CONTENTS
1. INTRODUCTION ................................................................................................................................................. 3
2. CHART DATA ..................................................................................................................................................... 3
2.1 Genuine Consumption .................................................................................................................................. 4
2.2 Data Confidentiality ....................................................................................................................................... 4
2.3 Direct To Consumer Sales ............................................................................................................................ 4
2.4 Certification ................................................................................................................................................... 5
3. THE CHARTS ..................................................................................................................................................... 6
3.1 Top40 Album Chart ....................................................................................................................................... 6
3.2 Top40 Singles Chart ...................................................................................................................................... 6
3.3 Catalogue Charts .......................................................................................................................................... 6
3.4 Hot Charts ..................................................................................................................................................... 7
3.5 Top20 NZ Charts / Te Reo Māori Chart ........................................................................................................ 7
3.6 Exclusions ..................................................................................................................................................... 7
3.7 Eligibility Dispensation ................................................................................................................................... 7
4. PRODUCT DEFINITIONS ................................................................................................................................... 8
4.1 Albums .......................................................................................................................................................... 8
4.2 Singles .......................................................................................................................................................... 8
4.3 Compilations ................................................................................................................................................. 8
5. PERMITTED FORMATS AND CRITERIA FOR INCLUSION ............................................................................. 8
5.1 Criteria for Inclusion in theTop40 Album Chart ............................................................................................. 9
(a) Permitted Formats ..................................................................................................................................... 9
(b) Combining of Sales, On-Demand Audio and On-Demand Video Streams ................................................ 9
(c) Limited Edition / Hybrid Sets ................................................................................................................... 10
(d) Remix Albums and Tracks ...................................................................................................................... 10
(e) Movie Plus Soundtrack Packs ................................................................................................................. 10
5.2 Criteria for Inclusion in the Top40 Singles Chart ......................................................................................... 10
5.3 Combining Of Sales, Audio Streams and Video Streams ........................................................................... 10
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6. VALUED ADDING, UP-SELLING, COMPETITIONS AND INCENTIVES ........................................................ 12
7. DETERMINING CHART ELIGIBILITY .............................................................................................................. 13
7.1 Eligibility and Assessment .......................................................................................................................... 13
7.2 Disputes and Clarifications ......................................................................................................................... 14
7.3 Procedure to Apply ..................................................................................................................................... 14
8. DATA MANIPULATION, TAMPERING OR OTHER BREACHES ................................................................... 14
8.1 Definition ..................................................................................................................................................... 14
8.2 Penalties ..................................................................................................................................................... 15
9. REVIEW OF THE CHART RULES ................................................................................................................... 15
10. GOVERNING BODIES .................................................................................................................................... 15
11. CONTACT ....................................................................................................................................................... 15
APPENDIX: Notes on Venue Settlement Form ..................................................................................................... 15
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1. INTRODUCTION
The Official New Zealand Music Charts represent the broad interests of all record companies and services delivering
music to New Zealanders.
A set of Chart Rules has been developed to ensure a consistent, fair and responsive industry-wide approach to important
issues that affect our industry from time to time. These Chart Rules have been adopted to ensure that all participants in
the charting process are aware of the basis on which the charts are formulated and published.
In producing the Official New Zealand Music Charts it is recognised that the New Zealand music industry is highly
competitive. The Chart Rules enhance competitiveness and seek to ensure that the charts are reliable and credible,
consistent with the objective of assisting competition (by giving relevant information about the popularity of albums,
singles and other recorded music products to consumers) to promote and improve customer choice.
The Official New Zealand Music Charts are compiled and published weekly, at 10am each Saturday, based on aggregate
information received from contributing Information Providers and venue sales by artists and labels. They are published
online and also made available to Recorded Music NZ members, the wider music industry, participating data providers
and the wider media for dissemination to the general public.
The Official New Zealand Music Charts reasonably reflect consumer preferences at the time the relevant data is
collected. As the charts are based on a sample of the nation’s music consumption choices, they should be taken as a
close approximation of the actual market and while checks for accuracy are made, the possibility of errors in supplied
data should be recognised.
Product definitions and eligibility criteria apply to each chart. This helps ensure recordings of the same broad description
are included in the relevant chart. All record companies and distributors remain free to package, market and distribute
their recordings in any way they choose, but products which do not comply with these rules will not be eligible for
inclusion in the Official New Zealand Music Charts.
Recorded Music NZ membership is not a prerequisite for inclusion of a label’s recordings in the Official New Zealand
Music Charts but is encouraged.
2. CHART DATA
Contributing Information Providers must sign the Chart Members Code and be approved by the Chart Compiler prior to
their first data submission.
All data must be submitted by an Information Provider electronically and must be sent directly to the chart compiler. No
data will be accepted if it is received via an intermediary.
Wherever possible, data should be sourced directly from the Information Provider’s point of sale / stock control system
without manual re-typing or writing of data by hand. Where manual re-typing is unavoidable, the Information Provider
must be able to provide additional transaction evidence if asked by the Chart Compiler prior to any submission being
included in the Chart.
Artists and labels may provide information on sales made in live venues using the Venue Settlement Form referred to in
clause 2.3. For the avoidance of any doubt, approved Information Providers may not provide data using the Venue
Settlement form.
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The data supplied must strictly reflect music consumption between midnight on the preceding Friday morning to 11:59pm
on Thursday night and must be provided to the Chart Compiler by 11:00am on the Friday for inclusion in the chart for that
week.
For pre-order and mail order sales, sales are deemed to have taken place when the customer receives the product they
have purchased.
2.1 Genuine Consumption
All information used to compile the Official New Zealand Music Chart must be recorded as the result of genuine
consumption by a genuine consumer in New Zealand.
No record company, distributor, retailer, artist, promoter or other party should act or encourage others to act in any way
designed to distort, or which has the effect of distorting, the Chart by achieving a higher or lower Chart position for a
record than it would otherwise achieve.
Actions which may be considered a breach of these rules include:
(a) knowingly being party to the submission of false or inaccurate data to the Chart compiler;
(b) purchasing records or causing music to be purchased or consumed by other in ways which do not reflect genuine
consumer choice;
(c) effecting multiple purchases of music on behalf of other persons,
(d) interference with the operation of equipment or software used to compile, collect or collate chart information,
(e) offering money or other benefits to a data provider contingent upon a record entering any of the Charts or attaining
a minimum chart position;
(f) procuring the sale or consumption of music by offering non-related gifts or incentives,
(g) including sales to off-shore consumers,
(h) any other activity outside recognised industry practice, not pre-approved by the Chart Complier, that gives one
product an unfair advantage over competing products and / or is intended to deliberately distort the chart.
2.2 Data Confidentiality
While the Chart’s total figures by title will be made available to all Information Providers and record companies, the Chart
Compiler will under no circumstances disclose, publish or otherwise reveal Information Provider-specific figures or other
confidential information to any third party.
The Chart Compiler will not disclose, publish or otherwise reveal any chart, report or other analysis which allows
Information Provider-specific figures or other confidential information to be directly determined. In situations where the
chart cannot be compiled without revealing an Information Provider-specific figure (e.g. an exclusive track, single or
album) the Chart Compiler will not be required, or able to keep that title’s data confidential. In these cases the
Information Provider may, if they wish, ask the Chart Compiler, in advance, to have the title concerned ruled ineligible for
the chart.
2.3 Direct To Consumer Sales
Sales made directly to the consumer by an artist or their label are eligible for inclusion in the Official New Zealand Music
Charts, but data will only be accepted using the Venue Settlement form under strict conditions and subject to stringent
auditing processes.
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Any third party selling music directly to the consumer must be an approved Information Provider in order for those sales
to be Chart eligible and must submit their data directly to the Chart Compiler in the manner outlined in clause 2.0. No
data will be accepted from a third party Information Provider using the Venue Settlement Form.
i. Direct to consumer sales will be considered from three key areas:
(i) Direct to consumer digital sales
This includes sales of digital products made from artist websites, label websites and third party websites
provided the sales are reported to the Chart Compiler by an existing Information Provider, a Recorded Music NZ
member or an accredited direct to consumer Information Provider
(ii) Direct to consumer physical sales
This includes sales of physical products made through web and mail order channels provided the sales are
reported to the Chart Compiler by an existing Information Provider, a Recorded Music NZ member or an
accredited direct to consumer Information Provider
(iii) Sales made at live touring venues
This includes sales of physical products made at live venues provided the sales are reported to the
Chart Compiler by an artist or their label. Sales reported at live venues must be certified by the artist
representative, the live venue owner and the record label on the Venue Settlement Form set out in Appendix 1.
(b) All direct to consumer sales must meet the eligibility criteria set out in this document and special attention must be
paid to the date and the sales were made or delivered to the consumer and that the relevant products were
delivered to consumers in New Zealand.
(c) Recorded Music NZ members who wish to submit direct to consumer sales to the chart should in the first instance
apply to the Chart Compiler to become a direct to consumer Information Provider. The Chart Compiler will make
regular checks to ensure the information the Recorded Music NZ member will supply is reliable and auditable.
(d) Bulk sales made by an existing Information Provider, a Recorded Music NZ member or an accredited direct to
consumer information provider to a third party who will on-sell the product directly to the public will not be eligible for
inclusion in the charts.
2.4 Certification
Gold and Platinum status will be awarded to Albums, Singles and Compilations based on all chart-eligible consumer
consumption, as verified by the Chart Compiler. Where a distributor may have legitimate justification for non-chart-
eligible consumption (including sales by non-chart-contributing entities, bundled titles or value-added offers) to be
considered for inclusion in certification calculations, these may be submitted to the Chart Compiler for consideration with
clear supporting evidence, such as receipts, manufacturing or delivery records.
Certification updates will be carried out on a weekly basis and apply immediately. The same base streaming Conversion
Rate and calculations used for chart positions shall apply for certification determination. However, the neutralising step
(reducing the top two singles to the average of the next eight) shall not be applied.
The following certification thresholds, expressed in either sales or paid stream equivalent terms, shall apply:
Format Gold Status Platinum Status
Single 15,000 points (sales equivalent) 30,000 (sales equivalent)
Album 7,500 points (sales equivalent) 15,000 (sales equivalent)
Compilation 7,500 points (sales equivalent) 15,000 (sales equivalent)
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Format Gold Status Platinum Status
Single 1,500,000 points (paid stream equivalent) 3,000,000 (paid stream equivalent)
Album 750,000 points (paid stream equivalent) 1,500,000 (paid stream equivalent)
Compilation 750,000 points (paid stream equivalent) 1,500,000 (paid stream equivalent)
3. THE CHARTS
3.1 Top40 Album Chart
The main purpose of the Top40 Album Chart is to list top contemporary music products. Inclusion in this chart is limited
to titles no greater than 18 months from first appearance in any Official chart. Upon first entry, a 78-week (18 month)
eligibility timer will begin on each title. When 78 weeks are reached, a title will no longer be eligible for Top40 charts. It
will instead appear in the Catalogue Chart (3.3). Any title which is still charting inside the Top40 when the 78-week
threshold is reached will automatically leave the Top40 regardless of position.
The Top40 Album Chart seeks to rank the sales and consumption of eligible products on an as common a basis as
possible, save for any exclusions detailed in point 3.6
Eligibility for the Top40 Album Chart requires the product meet the definitions of an "album" as outlined in point 4.1.
Automatic monitoring of all products' eligibility will be carried out by the Chart Compiler in the first instance. Where
requested, eligibility may be reviewed by Chart Committee. The Chart Committee’s decision will be final.
3.2 Top40 Singles Chart
The main purpose of the Top40 Singles Chart is to list top contemporary music products. Inclusion in this chart is limited
to titles no greater than 18 months from first appearance in any Official chart. Upon first entry, a 78-week (18 month)
eligibility timer will begin on each title. When 78 weeks are reached, a title will no longer be eligible for Top40 charts. It
will instead appear in the Catalogue Chart (3.3). Any title which is still charting inside the Top40 when the 78-week
threshold is reached will automatically leave the Top40 regardless of position.
The Top40 Singles Chart seeks to rank the sales and consumption of eligible products on an as common a basis as
possible, save for any exclusions detailed in point 3.6.
Eligibility for the Top40 Singles Chart requires the product meet the definitions of a "single" as outlined in point 4.2.
Automatic monitoring of all products' eligibility will be carried out by the Chart Compiler in the first instance. Where
requested, eligibility may be reviewed by Chart Committee. The Chart Committee’s decision will be final.
3.3 Catalogue Charts
The main purpose of the Album Catalogue and Single Catalogue Charts is to list all product no longer eligible for the
Top40 Album or Singles Charts based on weeks since first appearance, as described in points 3.1 and 3.2.
No exclusions other than those detailed in 3.6 will apply.
All products appearing in the Catalogue Charts for the first time will carry with them any positional history (such as Peak
and Weeks In data) earned while appearing in the Top40 Album or Singles charts. The means a title which has spent
multiple weeks in the Top40 Chart before moving to the Catalogue Chart will have that history credited to it in full when it
first appears on the Catalogue Chart. This way the total lifetime chart performance of all titles remains intact and visible.
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Continuing success on the Catalogue Chart (which has no ultimate eligibility end date) can therefore be perpetual,
allowing titles to match or surpass previous longevity records over time.
3.4 Hot Singles Charts
The Hot40 and Hot20 NZ Charts have the same rules, objectives and purposes as set out in 3.2. These charts will use
the same base methodology and weighting as the Top40 Singles and rank songs according to the greatest growth
achieved (measured as the largest gain in combined sales, streams and airplay in the seven days between charts). This
gain may be from a base of zero (ie. a brand new track) OR as an increase from the last chart week to the next. Tracks
may not chart as a result of airplay alone.
3.5 Top20 NZ Albums and Singles / Te Reo Māori Chart
These charts are subject to the same rules, objectives, eligibility and exclusions as set out for the Top40 Album and
Singles charts (3.1 and 3.2) but are filtered to just contain New Zealand artists and titles containing at least 50% Te Reo
Māori.
3.6 Exclusions
(i) A NZ rights owner / licensee may request the Chart Compiler exclude a product from either the Top40 or Catalogue
Charts where it is not generally available from the owner's normal distributor (for example deleted titles, embargo breaks
or distribution leaks).
(ii) Promotional (free to the consumer) product is not eligible for inclusion in the chart.
3.7 Eligibility Dispensation
In special circumstances, a title no longer normally eligible for the Top40 Charts due to age may be given special
dispensation to appear there for a limited time (no more than 10 weeks), after which it returns to the Catalogue Chart.
Criteria for dispensation may include the death of an artist or the physical or digital reissue of an older title (where the
reissued product clearly features new content elements, such as additional music, new cover art, enhanced audio quality
or is available for the first time in a new medium).
For the avoidance of doubt, an artist simply being present or performing in New Zealand will not be considered sufficient
for their back catalogue to become eligible.
Should an ineligible title receive sufficient consumption that it would, without age-related restriction, otherwise appear in
the top half of the Official Album or Singles Chart, the content owner may submit a case for temporary re-inclusion in the
Top40. The chart compiler shall inform the owner when this option is triggered, after which the submitter has 48 hours to
clearly identify the explanations and contributing factors driving a resurgence or renewed consumer attention.
Some examples of situations in which temporary eligibility might be applied include clearly identifiable viral social media
moments or memes, especially high-profile film, television or advertising placement or significant coverage in national
media. Submitters are expected to supply specific links and, where possible, engagement statistics from the relevant
media (eg, Tik Tok view stats, television ratings etc).
In each case, a high threshold will be applied to ensure that special eligibility dispensation is reserved for unusually
significant, consumer-driven phenomena or late-blooming breakout hits.
At the end of the 10-week temporary eligibility period, the title will return to the Catalogue Chart and no subsequent
application for temporary eligibility will be accepted for a period of 12 months. Any further application after that period
would be expected to present a new case, with additional justification and supporting material.
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4. PRODUCT DEFINITIONS
To qualify for inclusion in the Official New Zealand Music Charts all product must comply with the following criteria:
4.1 Albums
An album is a recording that satisfies the following criteria:
(a) An album must have a playing time of over 25 minutes OR have five songs or more, where the format does not
qualify as a single as defined by the singles eligibility rules.
(b) Recordings performed by a single (or common) Artist, Act or Orchestra (including “Best Of” compilations).
(c) Original movie soundtracks, cast recordings and television programme theme albums on which at least 50% of
tracks are included in the programme. It is up to the company requesting the inclusion of the product to attest that it
meets this criterion.
(d) Concept albums featuring at least 80% of new recordings where the songs have been specially recorded for the
project (even where the recording is by various artists). For the purpose of the chart, DJ mix albums are not
considered to be “new” recordings.
(e) Provided the valued added rules detailed in point 6.1 are met, multimedia content such as games, screensavers and
video material are permitted within a product if they relate directly to the artist or the music contained on the product.
4.2 Singles
A single is a recording that satisfies the following criteria:
(a) A single is a recording containing no more than four different tracks and of not more than 25 minutes duration. Any
number of versions of the lead track is admissible so long as the duration limit is adhered to.
(b) Multiple pack singles are ineligible.
(c) The featured song of a Top 40 single cannot be released as a B-side or extra title on a subsequent chart-eligible
single bundle until the former has dropped out of the Top 40.
(d) The technology used to convey the tracks is discretionary but any format must comply with all other singles criteria.
A list of pre-approved formats can be found in point 5.2 (a).
(e) Provided the valued added rules detailed in point 6.1 are met, multimedia content such as games, screensavers and
video material are permitted if they are contained on the single and they relate to the Artist or the music contained
on the single.
4.3 Compilations
Compilations are defined as all multi-artist or orchestral albums deemed ineligible for album chart inclusion. This includes
movie soundtracks, cast recordings and television programme theme albums on which less than 50% of tracks are
included in the programme, film or show. It is up to the company requesting the inclusion of the product to attest that it
meets this criterion. The compilation and album charts are mutually exclusive (product cannot simultaneously appear in
both).
5. PERMITTED FORMATS AND CRITERIA FOR INCLUSION
To qualify for inclusion in the Official New Zealand Music Charts all products must comply with the following criteria when
combining formats for the Album and Singles charts:
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5.1 Criteria for Inclusion in the Top 40 Album Chart
Consumption of an unlimited number of physical and digital album formats may be combined for a chart placing on the
Top 40 Album chart provided that 80% of the featured tracks are common to all formats and that each format adheres to
all chart eligibility rules.
(a) Permitted Formats
LP Vinyl
CD or Enhanced CD
Limited Edition CD
CD/DVD Sets
Dualdisc
Cassette
SACD
Mini Disc
Removable Storage Devices (USB Sticks/Flash Drives/SD Cards etc)
DVD Audio or Enhanced DVD Audio
HD DVD Audio
Blu Ray DVD Audio
Digital Album Bundle – permanent Digital Download
Limited Edition Digital Album Bundle – permanent Digital Download
Deluxe Edition Digital bundle – permanent Digital Download
On-Demand Audio Streams – Subscription
On-Demand Audio Streams – Ad-Supported
On-Demand Video Streams – Subscription
On-Demand Video Streams – Ad-Supported
(b) Combining of Sales, On-Demand Audio and On-Demand Video Streams
To determine rankings for the Top 40 Albums Chart, streaming of songs off an album will be combined to produce a
Stream Equivalent Album (SEA) value for that album which can then be included in the Top 40 Album Chart alongside
physical and digital sales.
To establish a SEA score:
i. Firstly, the conversion rate used for the Singles Chart (ref 5.3) will be applied to streaming data which
establishes a ratio that values a certain number of streams as equal to one song sale.
ii. Secondly, a neutralising factor will be applied to the two most streamed tracks off an album in the
charting week. Points for those two tracks will be reduced to the average of the next eight titles on the
album. This is to ensure that albums with one or two hit singles are not unfairly propelled up the Album
Chart due to the consumption of just a couple of tracks.
iii. Finally, the combined value of the top 10 tracks off an album are aggregated and divided by a factor of
10 (this being a widely used industry ratio intended to reflect that a standard album will contain, on
average, 10 tracks).
iv. Only albums available in their entirety are eligible to gain SEA points. Albums which restrict consumers
from streaming some tracks will automatically have any SEA points earned re-set to zero.
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(c) Limited Edition / Hybrid Sets
Consumption of two versions of an album, where one version is a limited edition featuring additional material or an
additional disc to the standard version, may be combined provided:
• The limited edition contains 80% of the tracks as featured on the standard version, and;
• The additional material on the limited edition format has not been previously available for consumption in its entirety as
a separate product.
Please note that the 80% rule only applies one way from the standard album to the bonus version. This means that 80%
of the tracks as featured on the standard version must appear on the bonus version.
(d) Remix Albums and Tracks
Consumption of remix albums will not be combined with sales of the original version. Remixed, extended, live, demo
versions of featured tracks are exempt from the 80% rule which only applies to formats which feature additional track
titles.
(e) Movie / Game Plus Soundtrack Packs
For a hybrid video and audio packs (such as CD/DVD releases) to qualify for the Album Chart, the video component
must relate directly to the same artist (or artists) appearing on the audio component and must primarily comprise live
performance, interview or documentary material. Packages in which the video is primarily acted / scripted story, whether
the associated artist (or artists) appear on screen or not, are ineligible for the Album Chart.
Video game soundtracks bundled with the game are not eligible for the chart, except in cases (covered in point 6.1)
where the product is primarily an audio release and the game is a minor value-add.
5.2 Criteria for Inclusion in the Top 40 Singles Chart
Consumption of an unlimited number of physical and digital formats may be combined for a chart placing on the Top 40
Singles Chart provided that the various formats can reasonably be held to be variants or alternative formats of the same
song. Variants - including duets with additional performer(s), remixes, clean / censored edits or live recordings - must be
performed by the same primary performer as the original. If a variant does not meet these criteria, it will be treated as a
separate unique release. Where a newly released variant contributes more chart points to the combined chart position
than the original release, the song will retain the chart history of the original but will be renamed on the published chart to
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reflect the popularity / prominence of the variant.
(a) Permitted Formats
7” Vinyl
12” Vinyl
CD Single or Enhanced CD Single
DVD Audio Single or Enhanced DVD Audio Single
Cassette Single
Removable Storage Devices (USB Sticks/Flash Drives/SD Cards etc)
HD DVD Audio
Blu Ray DVD Audio
Digital Audio Track – Permanent Download
Digital Single Bundle – Permanent Download
Digital Vingle Bundle (Digital Audio Track and Digital Video Track) – Permanent Download
On-Demand Audio Streams – Subscription
On-Demand Audio Streams – Ad-Supported
On-Demand Video Streams – Subscription
On-Demand Video Streams – Ad-Supported
5.3 Combining of Sales, On-Demand Audio And On-Demand Video Streams
To determine rankings for the Top 40 Singles Chart, a conversion rate is required before combining sales and on-
demand audio and on-demand video streams. This conversion rate is calculated using both premium and ad-supported
stream data which produces a combined sale to stream ratio.
Depending on the number of ad-supported to premium streams the combined ratio will vary. This is set at the discretion
of the Chart Committee, taking account of international standards regarding the relative value and volume of streams
versus downloads to the recording owner. These ratios will be reviewed on a quarterly basis to ensure it continues to
accurately reflect those standards.
5.3.1 Exclusions
i. Non-interactive and passive consumption (eg. algorithm-based pre-programmed delivery of songs) are not
eligible for the chart.
ii. Streams that play for less than 30 seconds or any type of sampling activity (e.g. retail store samples) is not
eligible as this does not reflect genuine consumption but rather a listener’s intent to consume / buy a track
or not.
5.3.2 Combining Data for Double A Side Singles / Bundles
In the case of a double A side single or bundle (where one product contains two or more featured songs, both of which
are also available for sale or consumption as individual tracks) data for the bundle plus the lead (ie. first featured) song
on the single may be combined to determine chart ranking. If individual consumption is sufficient, the second featured
song will be eligible to chart in its own right. Please note rule 4.2 (c) takes precedence in such cases.
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5.4 Simultaneous Availability
When the same product (or combinable variant) is available on New Zealand release from two different record
companies, data will not be combined except at the request of both companies. The other rules for combination as
outlined in 5.2 also apply in all such cases.
6.1 Album Value Adding And Up Selling
The Official NZ Music Charts seek to allow flexibility in how an artist, label, retailer or DSP chooses to offer music or
encourage consumer interest. However, it is critical the chart remains a measure of the genuine popularity of music
releases (the primary chart product) themselves, not be skewed by desire for other products or offers in which the music
release itself is a secondary factor in a consumer’s decision to buy or consume.
Two main forms of incentivising the purchase or consumption of music require examination before the data relevant to
that release will be deemed eligible for chart inclusion.
Value Adding is defined as “the bundling of any non-music attachment, voucher, gift or inclusion which has a
commercial value independent of the music release (the primary chart product)”. This covers any “buy this and get this
free!” style offer, bundle or scenario (typically presented as a combination deal e.g. a Vinyl + T-shirt or CD + stickers etc).
Up Selling is defined as “the unlocking of discounts or options to purchase additional goods or services after a consumer
buys or consumes a music release (the primary chart product).” This covers any “would you also like to buy this?” style
offers or scenarios (typically presented as ‘Buy the CD, get the ticket at half price’ or similar).
(i) Value Adding offers must comply with these rules:
a. Music Association - each component must relate directly to the artist or music release in such a way that, in isolation,
the attachment would still be associated with that release or artist via branding, naming, labelling, likeness or extremely
specific connection. Bundling of products which in isolation bear no obvious association with the artist or music release
will cause that consumption data to become ineligible for chart inclusion.
b. Valuation – To remain chart-eligible, all non-music components must be of “equal to or lesser retail value” to that of
the music release (primary chart product). Bundling of an item which clearly has a greater dollar value than the music
release itself means the release itself is no longer the primary item being consumed (it has instead become the
secondary ‘bonus’ or ‘extra’ tied to the other item) and therefore not eligible for chart inclusion.
Values are all deemed to be the retail point of an item, or similar item. This includes concert tickets where a music
release and a concert ticket or show entry are bundled together.
c. Pre-Approved Items – For standard full-price albums, a number of common standard offers and scenarios are
already pre-approved for chart inclusion as part of any offer without requiring specific application to the chart compiler.
Standard T-Shirts. Standard Hats / Caps / Beanies.
Tote / Carrier Bags. Badges, Buttons, Transfer Tattoos and Simple Printed Material (eg. postcards, stickers, wall posters,
trading cards).
Simple Digital Enhancements (eg. screensavers, wallpaper, skins, short video, simple games).
Printed Material (either text or graphic) which specifically constitutes the combined presentation or packaging of an
overall artistic work.
Experiences of no clear monetary value (eg. signings, artist interaction, meet-and-greets,).
Concert ticket / entry to small one-off events (eg. release gigs) provided the ticket value meets clause 6.1 (b).
Competitions, fan club membership and preorder incentives provided these meet clauses 6.2, 6.3 and 6.4.
Any item listed above deemed by the chart compiler to be “non-standard” (whether in design, material, scarcity or some
other regard) may be subject to a request for evidence from the parties involved in the offer as to valuation (6.1 b).
d. Approval - Any other offer, incentive or bundled product not listed above must be submitted to the chart compiler for
eligibility consideration. Applications should be made to [email protected] and outline details of the
proposal, timings and valuation of each component. Parties must be able to demonstrate the “equal to or lesser retail
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value” nature of music vs non-music components. If this cannot be shown, data for the combined bundle will be ruled
ineligible for inclusion.
Applications must be made at least 10 days prior to chart inclusion. Where necessary, eligibility decisions will be referred
to the chart committee, taking into account past rulings, comparison with similar products, valuation evidence, the
potential for undesirable precedent setting and the degree to which the music component remains the primary attraction
to the consumer.
e. Box Sets / Combined Music Releases - For avoidance of doubt, products or offers which are entirely music in nature
(eg. box sets, multi-disc packs or bundles) and contain no additional nonmusic component do not fall directly under the
Value Adding Rules. These are considered elsewhere in the rules (5.1, 2,3 and 4).
(ii) Up Selling differs from Value Adding in that an initial purchase or consumption does not come with any additional
component by default, however it may unlock the option to then make a further purchase. The additional purchase may
be at a favourable rate or be exclusively available only if you have already made the first purchase. For this data to be
chart-eligible though, it must satisfy the following conditions:
1. The consumer has a choice to take up the offer or not,
2. As with other value-add scenarios, the value of the second product, offer or benefit received is of equal to or lesser
value to that of the music component,
3. The consumer pays a clearly stipulated additional price for the second product or offer.
6.1 (iii) Package Deals containing Streaming Music Subscriptions
Where the purchase of a non-music product or service (including, but not limited to, mobile phone or telco package)
grants a consumer access to a streaming music service, any resulting data submitted to the chart compiler may be
included in the chart so long as the monthly fees to use the service continue to be paid – whether by the consumer or the
product seller.
7. DETERMINING CHART ELIGIBILITY
All suppliers of records are eligible to have their records included in the Official New Zealand Music
Charts subject to minimal ground rules of eligibility that are necessary to conduct a credible and reliable charting system
of this kind.
7.1 Eligibility and Assessment
In the event that a record supplier has any doubt regarding the eligibility (or potential eligibility) of any of its intended
releases it is recommended that prior to release it submit the product or a description of the intended product to the Chart
Compiler for assessment and advice.
Sales made by Information Providers ‘off site’ (e.g. at shows, shopping centres or ‘pop-up’ stores) are eligible for chart
inclusion, providing the sales meet all other chart eligibility criteria.
Sales made at or through the activities of one retail store (whether or not they are an Official New
Zealand Music Charts Information Provider) may not be included in the chart return of any other store.
Product taken from Information Providers on consignment by third parties to be sold elsewhere is not eligible.
Product purchased in bulk from Information Providers to be dispersed (either by sale or otherwise) elsewhere at a later
date is ineligible for the chart. Examples of this kind of activity would be bulk sales to insurance claimants, third parties
who will on-sell or give away the product and sales to any third party who will use the product for promotional purposes.
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Where a question of eligibility arises, it will be determined by the Chart Compiler in the first instance.
7.2 Disputes and Clarifications
Where a dispute arises between any party involved in the submission of chart data or use of the Official Music Charts
regarding eligibility or rule interpretation, the matter will be referred to the Chart Committee (see point 10).
7.3 Procedure to Apply
Any objections or complaints about eligibility must be made in writing to the Chart Administrator.
When an objection or complaint is received, the following procedure will apply. The complaint / issue will be circulated to
all members of the Chart Committee.
If the complainant is from one of the members of the Chart Committee that member will stand down, whilst the decision
about the complaint is made.
Each of the members will receive a copy of the objection or complaint, together with any explanatory documents or
samples from the complainant company. Where requested, the record supplier must supply sufficient quantities of
product for review by Committee members. The above information includes a question dealing with the issue at hand in
the format that members need respond to simply with a yes or no answer. This information will be forwarded to members
on a “Chart Criteria Decision Voting” form. The Chart Administrator acts as the facilitator of this process.
Chart Committee members will have a maximum of 48 hours to respond in either the negative or the positive. These
responses and any further decisions are to remain confidential unless release is authorised by the Chart Committee.
The review process applies to all charts produced by The Official New Zealand Music Charts.
8. DATA MANIPULATION, TAMPERING OR OTHER BREACHES
8.1 Definition
The Official New Zealand Music Charts have procedures in place aimed at identifying and rectifying reporting anomalies
in data provided by Information Providers for the official New Zealand music charts including regular auditing and formal
complaint procedures.
Any objections or complaints about reporting or the charts must be made in writing to the Chart Administrator. The
complaint/issue will be circulated to all members of the Chart Committee who will investigate and adjudicate on the
complaint. If the complainant is from one of the members of the Chart Committee that member will stand down, whilst the
decision about the complaint is made.
The status of Information Provider is not to be used by either retailer or record supplier as leverage for any personal or
commercial demands. In the event that any such reporting anomalies are found to be deliberate, the matter will be
referred to the Chart Committee for consideration of penalties, as set out below.
Parties found in breach by the Chart Committee could have their product penalised (in the case of record suppliers or
artists) whilst offending Information Providers may have their Information Provider status revoked for a period deemed
appropriate by the Committee. Both record suppliers and Information Providers could also be subject to a penalty.
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8.2 Penalties
Experience has shown that penalties for non-compliance with these Chart Rules and the Members Code are highly
advisable if the official New Zealand music charts are to remain reliable and credible. The guiding principle is that
breaches of the important rules relating to data manipulation and tampering will be penalised to the extent reasonably
necessary in each particular case
The objective is to deter breaches and to maintain the integrity of the Official New Zealand Music Charts system.
Any information providers found to be involved in data falsification of any kind will immediately be removed from the
Information Provider listing for a period commensurate with the severity of the breach (first exclusion will usually be for
one month). Repeat offenders (initially treated leniently) will incur higher penalties, with the ultimate sanction being
permanent removal as an Official New Zealand Music Charts Information Provider.
Record suppliers or artists found in breach of these rules, face the prospect of their sales numbers being reduced in the
chart calculations for the relevant product in the current or future weeks (e.g. by disregarding the false sales reported or
all sales completely) or being excluded from chart consideration for a period of time, depending on the nature of the
offence.
For Information Providers, record company suppliers and artists, in addition to the products chart penalty or the
Information Provider’s suspension; public censure may be imposed for each breach.
8.3 Non-Submitting Information Provider
If an Official New Zealand Music Charts Information Provider fails to transmit sales data for four consecutive weeks it will
be notified by the Chart Administrator that it is on “probation”. After eight consecutive weeks of non-submission the store
will be removed from the chart store provider list.
9. REVIEW OF THE CHART RULES
Comments and suggestions for the progressive improvement of the Chart Rules are welcome. Chart Committee will
review the Rules from time to time. Suggestions should be sent to the Chart Administrator.
10. GOVERNING BODIES
Chart Compiler
The person or organisation appointed to manage the collection of sales data and compilation of the charts.
Chart Administrator
The CEO of Recorded Music NZ who will consult with the Chart Compiler.
Chart Committee
A body comprising a minimum 2 Recorded Music NZ board members and chaired by the Chart Administrator
11. CONTACT
Chart Administrator
Chief Executive Officer
Recorded Music New Zealand
2A Hakanoa Street
Private Bag 78850
Grey Lynn, Auckland
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APPENDIX: Notes on Venue Settlement Form
Before submitting this form to the Chart Compiler, application to become an accredited direct to consumer
information provider must be made to the Chart Administrator as per Clause 2.3 (c) of The Official New Zealand
Music Chart Rules.
When completing the Venue Settlement Form please ensure all fields are completed and it is signed by the artist
representative, the venue representative and the label representative before sending to the Chart
Compiler.
Incomplete forms will not be considered by the Chart Compiler.
The performance date will be considered the date of sale to the consumer.
All sales must meet the eligibility criteria of The Official New Zealand Music Chart Rules. Special attention must be
made to the date the sale was made and the price of the product sold.
Sales not submitted in a previous chart week cannot be carried over and be submitted in the following chart week.
It is recommended that the record label should be the last party to sign the form and should be the party that submits
the completed form to the Chart Compiler.
Please take notice of the penalties that will be incurred for falsifying sales information on this form. The penalties are
detailed in 8.2 of The Official New Zealand Music Chart Rules.
By submitting a Venue Settlement Form, you acknowledge that the information you are providing is correct, you
have abided by the Official New Zealand Music Chart Rules and you accept that Recorded Music New Zealand
Limited and/or its agents has the right to undertake an audit of the information you have provided.