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Decisions
Talaepa and The Radio Network Ltd - 2007-048
2007-048

Complaint under section 8(1)(b) of the Broadcasting Act 1989KFC Drive-by show – random prank phone call – host called the same number twice – sang a song and then suggested the man was rude for hanging up – allegedly in breach of law and order, social responsibility and fairness standards Findings Principle 2 (law and order) – no evidence that the host condoned criminal behaviour or encouraged criminal activity – not upheld Principle 5 (fairness) – unable to determine in the absence of a recording – decline to determine Principle 7 (social responsibility) – subsumed under Principle 2 This headnote does not form part of the decision. Broadcast [1] On the KFC Drive-by show between 3pm and 7pm on 27 April 2007, the host dialled a random telephone number from the phone book belonging to the “Johnson family”....

Decisions
Dickson and New Zealand Media and Entertainment - 2016-047 (22 August 2016)
2016-047

Summary[This summary does not form part of the decision. ]A regular comedy skit on Radio Sport show The Sauce involved a host impersonating All Blacks coach Steve Hansen and giving ‘top tips’ on various topics. In the segment complained about, the host, mimicking Mr Hansen, addressed the topic of ‘sackings’, stating: ‘. . . Simply whip your scrot [scrotum] out and just rest it casually on their thigh, buttocks or forehead. ’ The Authority did not uphold a complaint that the segment made light of, and condoned, sexual assault. The Authority found that, in the context of the skit, which was a regular comedy skit broadcast weekly on The Sauce, the segment did not make light of, or encourage listeners to laugh about, sexual assault....

Decisions
Saunders and NZME Radio Ltd - 2016-089 (16 February 2017)
2016-089

Summary[This summary does not form part of the decision. ]During the Leighton Smith Show, presenter Leighton Smith, in relation to a headline regarding Pope Francis’ warning to then President-elect Donald Trump, ‘do not back away from UN climate pact’, said, ‘I don’t want to offend, certainly not insult, any Catholics listening, but how did you end up with this tosser? ’ The Authority did not uphold a complaint that this comment was derogatory, crude and demeaning. Mr Smith was entitled to express his opinion on the Pope’s stance on climate change and while his comment was considered offensive by the complainant, in the context of a talkback radio show, the Authority did not consider it undermined current norms of good taste and decency....

Decisions
Botur and The Radio Network Ltd - 2007-139
2007-139

Complaint under section 8(1)(a) of the Broadcasting Act 1989Thomas the Tanked Engine – use of the word “faggot” – allegedly in breach of social responsibility Findings Principle 7 (social responsibility) and guideline 7a (denigration) – threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment called Thomas the Tanked Engine, broadcast on Radio Hauraki’s Breakfast Show on 29 October 2007, the word “faggot” was used by the character Thomas. The following exchange took place between the characters Thomas and Percy: Thomas: Look Percy, there are the two key members of “King”. Percy: Queen. Thomas: Faggot. Percy: No Thomas, they’re (indistinct), oh never mind. . . Complaint [2] Michael Botur made a formal complaint to The Radio Network (TRN), the broadcaster, alleging that the character’s use of the word “faggot” was in breach of social responsibility standards....

Decisions
Brice and The Radio Network Ltd - 2004-187
2004-187

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Hauraki – skit implying that Polynesian women suffer significantly less post natal depression than other ethnic groups because additional children result in increased welfare benefits – allegedly encouraged denigration or discriminationFindingsPrinciple 7 and Guideline 7a (denigration and discrimination) – skit was obvious attempt at humour – falls within exception in Guideline 7(a)(iii) – not upheld This headnote does not form part of the decision. Broadcasts [1] On Radio Hauraki at around 7. 05am on Monday 20 September 2004, one of the presenters announced recent findings by the Auckland University of Technology that Samoan women have one of the lowest rates of post natal depression in the world. He said that researchers wanted to find out “why Samoan women escaped the baby blues” so that they could help other women....

Decisions
Loder and NZME Radio Ltd - 2019-006 (20 May 2019)
2019-006

The Authority has not upheld a complaint that an interview broadcast on Newstalk ZB in December 2018, regarding a proposed Police seizure of military style semi-automatic weapons, was unbalanced and inaccurate. The Authority first found that a valid formal complaint had been lodged with the broadcaster (which was required before the complaint could be referred to the Authority), as sufficient information was provided by the complainant for the correct broadcast to be identified and for the broadcaster to respond to the issues raised. The Authority then determined the complaint, finding that balancing perspectives on the issue of Police seizure were presented during news items prior to and following the interview....

Decisions
Scott and The Radio Network - 2014-125
2014-125

Summary [This summary does not form part of the decision. ] A host on Hauraki Breakfast Regurgitated was required to argue that free-range eggs were ‘penis’ (stupid or absurd). The Authority did not uphold the complaint that his comments were disgusting and unsuitable for broadcast in the middle of the day. While parts of the broadcast were crude, the content did not go beyond audience expectations of Radio Hauraki or this programme. Most regular listeners would have taken the comments as humorous and light-hearted, and would not have been unduly offended. Not Upheld: Good Taste and Decency Introduction [1] In a regular segment called ‘Penis or Genius’ on Hauraki Breakfast Regurgitated, one of the hosts was required to argue that free-range eggs were ‘penis’ – used by the programme to denote something that is ‘stupid’ or ‘absurd’....

Decisions
Newlove and NZME Radio Ltd - 2019-052 (10 October 2019)
2019-052

The Authority has not upheld a complaint that a radio host’s description of a rugby match between the Blues and the Crusaders as ‘a battle of good versus evil’ breached broadcasting standards. The Authority found that the comment was used to describe a competitive sporting rivalry between the Blues and the Crusaders and in context it was not likely to cause undue distress or harm. The Authority determined that the comment was not unfair to the Crusaders as it was a general comment about the nature of the match, and that there was no identified section of the community for the purposes of the discrimination and denigration standard. The Authority also emphasised the importance of freedom of expression and the value of hearing the authentic New Zealand voice. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration...

Decisions
Christie and The Radio Network Ltd - 2011-060
2011-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hauraki Amped – promotion for the chance to win a trip to Bangkok with reference to the film The Hangover Part II – stated “Hauraki’s going to send you and two mates to get your own hangover in Thailand” – allegedly in breach of standards relating to responsible programming and liquor FindingsStandard 9 (liquor) – brief reference to getting a “hangover” clearly related to The Hangover Part II film – did not amount to liquor promotion – not upheld Standard 8 (responsible programming) – comment acceptable in light of target audience – not upheld This headnote does not form part of the decision. Broadcast [1] Hauraki Amped, broadcast on Radio Hauraki at 11am on Sunday 1 May 2011, included an item promoting the chance to win a trip to Bangkok, the setting for the film The Hangover Part II....

Decisions
Cowsill and New Zealand Media and Entertainment - 2016-031 (27 June 2016)
2016-031

Summary[This summary does not form part of the decision. ]During Leighton Smith the host discussed Wicked Campers with a caller and commented, ‘Now I’m interested to know what your reaction is to my suggestion that if you see one of these, you know, if you’re offended by one of these vans, run a screwdriver down through the so-called artwork’. The Authority did not uphold a complaint that the comments were irresponsible and encouraged listeners to break the law. It did not consider Mr Smith was seriously advocating damaging the campervans or that listeners would have been incited to commit unlawful acts, taking into account the target audience and the nature of the programme....

Decisions
Fonseka and The Radio Network Ltd - 2006-028
2006-028

Complaint under section 8(1)(a) of the Broadcasting Act 1989Complaint received by broadcaster 21 working days after the broadcast – broadcaster declined to consider as a formal complaint – issue as to Authority’s jurisdiction to consider complaintFindingsSection 6(2) of the Broadcasting Act states that complaints must be “lodged in writing with the broadcaster” within 20 working days after the broadcast – broadcaster was not obliged to consider complaint – Authority has no jurisdiction to consider complaintThis headnote does not form part of the decision. Background [1] Nilanka Fonseka wrote a letter of complaint to The Radio Network Ltd (TRN) about comments broadcast on 6 February 2006 on ZM radio (90. 9FM). [2] The complaint was received by TRN on 7 March 2006. TRN declined to accept his complaint as a formal complaint, as it had arrived “outside the 20 days allowed since the broadcast to qualify as a formal complaint”....

Decisions
Grimshaw and New Zealand Media and Entertainment - 2014-136
2014-136

Summary [This summary does not form part of the decision]During the Hauraki Breakfast Show, the hosts made comments about two weather presenters, describing one as having 'charm pissing from every pore' and another as having 'a great rack'. The Authority did not uphold the complaint that the comments breached standards of good taste and decency. The discussion was consistent with the style of content and humour regularly broadcast on Radio Hauraki and would not have unduly surprised or offended the station's target audience. Not Upheld: Good Taste and DecencyIntroduction[1] During the Hauraki Breakfast Show, the hosts discussed weather presenter Jim Hickey's retirement. One of the hosts described Mr Hickey as having 'charm pissing from every pore'. The hosts were less complimentary about the female weather presenter taking over from Mr Hickey, but commented that she had 'a great rack, though'....

Decisions
Johnson and The Radio Network Ltd - 2012-066
2012-066

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay, Flynny and Jacqui – host told a personal anecdote about a prank she committed in her youth, namely setting off a fire alarm “resulting in all of Timaru’s fire engines turning up” – allegedly in breach of law and order standardFindingsStandard 2 (law and order) – anecdote was a light-hearted recollection of host’s actions in her youth, with educational message – host made comments condemning her own behaviour and noted the repercussions – story was intended to humour and entertain and did not invite imitation or otherwise encourage listeners to break the law or condone criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] At approximately 2....

Decisions
Campbell and The Radio Network Ltd - 2011-035
2011-035

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Listeners’ Choice Countdown – song titled “Killing in the Name” by Rage Against the Machine – broadcast at 9. 30am – contained the lyrics “Fuck you, I won’t do what you tell me” repeated 16 times, followed by the word “motherfucker” – allegedly in breach of standards relating to good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – song inadequately censored – excessive use of expletives would have significantly departed from audience expectations – upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 1No Order This headnote does not form part of the decision. Broadcast [1] A song titled “Killing in the Name” by rock band Rage Against the Machine was broadcast during the Listeners’ Choice Countdown on Radio Hauraki at approximately 9. 30am on Thursday 17 February 2011....

Decisions
Beynon and NZME Radio Ltd - 2018-052 (24 August 2018)
2018-052

Summary[This summary does not form part of the decision. ]A complaint about the use of the word ‘gypped’ during a segment of Sarah, Sam and Toni has not been upheld. The Authority found the host’s use of this word on this occasion did not carry any malicious intent and therefore did not reach the threshold required to be considered a breach of the discrimination and denigration standard. While the Authority did not uphold the complaint, they acknowledged that the casual use of this term and its variants may cause offence to some members of the public and noted care is required when using expressions relating to sections of the community....

Decisions
Singh and NZME Radio Ltd - 2020-089 (16 December 2020)
2020-089

The Authority has not upheld a complaint about an interview on talkback radio show, Kerre McIvor Mornings, in which host Kerre McIvor criticised a caller for his position on the Government’s COVID-19 response saying ‘For God’s sake, listen to you’, and ‘God you’re pathetic’. The Authority found Ms McIvor’s comments and approach were unlikely to undermine widely shared community standards or to have caused widespread undue offence or distress. Not Upheld: Good Taste and Decency...

Decisions
Smith and NZME Radio Ltd - 2017-042 (4 September 2017)
2017-042

Paula Rose declared a conflict of interest and did not participate in the Authority's determination of this complaint. Summary [This summary does not form part of the decision. ] A panel segment during Larry Williams Drive discussed a recent High Court action brought by Phillip Smith against the Department of Corrections (Corrections), in which Mr Smith argued that his freedom of expression had been breached by Corrections staff preventing him from wearing his toupee. At the conclusion of the panel discussion, Mr Williams stated: ‘I say Janet, solitary confinement 24/7, dark room, with his toupee, with a little bit of waterboarding just to make it interesting’. The other panellists laughed, with one commenting, ‘You’re a hard man, Larry’....

Decisions
Findlay and NZME Radio Ltd - 2020-038 (28 September 2020)
2020-038

The Authority has not upheld a complaint that a station identity promo for Newstalk ZB news, which listed the names of the station’s flagship presenters followed by the tagline, ‘all the names you can trust’, breached the accuracy standard. The Authority found the accuracy standard did not apply, as this was clearly a piece of station branding or marketing (rather than a news, current affairs or factual programme) and the tagline was clearly promotional, rather than making a statement of fact. Not Upheld: Accuracy...

Decisions
Godinet & Kay and NZME Radio Limited - 2020-101 (16 December 2020)
2020-101

The Authority did not uphold complaints that an item on Kerre McIvor Mornings breached the accuracy standard. The content was likely to be interpreted as commentary and opinion, and not statements of fact to which the accuracy standard applied. In terms of the balance standard, it was clearly presented from the host’s perspective. Given the nature of the programme, listeners were unlikely to have been misled by the omission of other views. The Authority also found that, in its context, the segment was unlikely to cause widespread undue offence or undermine widely shared community standards, did not actively promote serious antisocial or illegal activity and was not unfair to the Government or Prime Minister. Accordingly it did not breach the good taste and decency, law and order or fairness standards.      Not Upheld: Accuracy, Balance, Good taste and decency, Law and order, Fairness...

Decisions
EM and NZME Radio Ltd - 2026-009 (27 May 2026)
2026-009

The Authority has not upheld a complaint that action taken was insufficient, after the broadcaster upheld a complaint under the discrimination and denigration standard about the statement, ‘[Trump and] his fervent love of supporting Israel. The people, that by design, the genocidal maniacs. ’ The Authority agreed with the broadcaster’s finding that the comment had the potential to encourage discrimination against, or denigration of, Israeli people. It found the broadcaster’s decision to uphold the complaint, apologise to the complainant, and counsel the host on the importance of exercising care when discussing political matters and ensuring sections of the community are treated with respect and dignity, was sufficient in the circumstances. Not Upheld: Discrimination and Denigration (Action Taken)...

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