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Decisions
Hunter and Radio New Zealand Ltd - 2023-109 (16 January 2024)
2023-109

The Authority has declined to determine a complaint alleging a news bulletin on RNZ was unbalanced due to the placement of an update on the Rugby World Cup, ahead of other news. The Authority found that in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preference regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance...

Decisions
Muir & Knight and Radio New Zealand Ltd - 2024-008 (22 April 2024)
2024-008

The Authority has not upheld complaints that action taken by Radio New Zealand Ltd was insufficient, after the broadcaster upheld the complaints under the accuracy standard about a statement in a news bulletin that a recent ruling by the International Court of Justice had found Israel ‘not guilty of genocide. ’ While the Authority agreed with the broadcaster’s decision to uphold the complaints, it found RNZ had taken sufficient steps in response to the complaints, by broadcasting an on-air correction within a reasonable period after the bulletin at issue, as well as posting a correction to its website. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Fairness...

Decisions
Van Der Merwe and Radio New Zealand Ltd - 2023-072 (7 November 2023)
2023-072

The Authority has not upheld a complaint about a news report on RNZ National on Prime Minister Chris Hipkins’s then upcoming meeting with President Volodymyr Zelenskyy. The complaint said the broadcast breached the balance and fairness standards by focusing on Ukraine’s intended usage of cluster munitions without canvassing Russia’s aggression and use of the munitions. The Authority found the nominated standards did not apply. It considered the issue was not discussed (as contemplated under the balance standard) and, in any event, the balance standard would not have required the presentation of additional perspectives in such a broadcast. The fairness standard did not apply as Ukraine, as a nation, was not an organisation (for the purposes of the standard). Not Upheld: Balance, Fairness...

Decisions
Zaky and Radio New Zealand Ltd - 2024-004 (20 March 2024)
2024-004

The Authority has not upheld a complaint that an interview with an Israeli soldier on Morning Report breached several standards. The complainant alleged statements made by the interviewee were inaccurate, discriminated against Palestinians and Middle Eastern people, and were offensive and disturbing and unbalanced. The Authority found that the statements of the interviewee were comment, analysis or opinion to which the accuracy standard does not apply and, if not, the broadcaster had made reasonable efforts to ensure accuracy. The Authority also found the comments were not directed at Palestinians and Middle Eastern people and were, in any event, serious comment, analysis or opinion to which the discrimination and denigration standard does not apply; the comments did not seriously violate community standards of taste and decency; and the interview did not breach the balance standard noting it was clearly signalled as presented from a particular perspective....

Decisions
Kelsey and Radio New Zealand Ltd - 2023-098 (16 January 2024)
2023-098

The Authority has not upheld a complaint that a Midday Rural News segment on RNZ National, regarding a proposed solar panel development on a Waipara farm, breached the accuracy and balance standards. It found the points raised by the complainant as being inaccurate or misleading were either not misleading or were not materially misleading, as they were unlikely to affect the audience’s understanding of the report as a whole. In relation to the balance standard, the Authority found the brief broadcast, which was focused on the farmer’s perspective on the installation of the proposed development on his farm, did not discuss a controversial issue of public importance as required for the standard to apply. Not Upheld: Accuracy, Balance...

Decisions
Hayes and Radio New Zealand Ltd - 2023-057 (18 October 2023)
2023-057

The Authority has not upheld an accuracy complaint about a statement by RNZ’s Morning Report host, ‘Māori have a clearly proven proprietary right over water… the Supreme Court has acknowledged that’, during an interview regarding the National Party’s Local Water Done Well policy. The complaint alleged there was no case in which the Supreme Court had made such a statement. The Authority found the statement was not materially inaccurate or misleading in the context of the broader discussion: most audience members would not have interpreted the statement in a strictly legal sense or appreciated the technical legal distinctions drawn in the complaint. The key point being made by the host was that National would need to ensure Māori interests in water were adequately dealt with – or risk facing further litigation – since its policy removed co-governance as a feature. Not Upheld: Accuracy...

Decisions
Dickie and Radio New Zealand Ltd - 2024-032 (16 July 2024)
2024-032

The Authority has not upheld a complaint that a story called “A Hāngī for my Birthday,” which was read out on Storytime on RNZ National, breached the children’s interests and offensive and disturbing content standards. The story was told from the perspective of a young child whose birthday was that day, and who helped his family prepare a hāngī for dinner. The complaint was that a part of the story where the family buy and kill hens to cook in the hāngī was unsuitable for children. The Authority acknowledged the story contained challenging themes on where meat comes from and that some of the descriptions, including the hens in cages, and being pulled out by the legs and stuffed in boxes, alluded to possible mistreatment of the animals....

Decisions
Ellis and Radio New Zealand Ltd - 2023-083 (29 November 2023)
2023-083

The Authority has not upheld a complaint that comments made by a political panellist on Nine to Noon, including that National Party public meetings were ‘full of angry racists saying angry racist things’ breached broadcasting standards. While the Authority acknowledged the statement was inflammatory, it found the statements were hyperbole and political comment and opinion, and they were challenged immediately by another panellist – meaning listeners were unlikely to be misled, and given sufficient viewpoints to form their own opinions. Not Upheld: Accuracy, Balance...

Decisions
Werry and Radio New Zealand Ltd - 2004-132
2004-132

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – interview with a grandmother campaigning against prescription of the drug Ritalin – grandmother not medically qualified made allegedly inaccurate statements – item allegedly unbalanced and unfair as it failed to present expert medical opinionFindings Principle 4 (balance) – personal perspective – balanced mainstream view – not upheld Principle 5 (fairness) – not relevant – not upheld Principle 6 (accuracy) – mixture of fact and opinion – not upheld Principle 6 (accuracy) – Authority unable to establish number of people being prescribed Ritalin in New Zealand – decline to determine This headnote does not form part of the decision....

Decisions
Cone and Radio New Zealand Ltd - 2003-038
2003-038

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

Decisions
Barnett, Brown and Dicey and Radio New Zealand Ltd - 2012-051
2012-051

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Book reading: Eggs – story contained mature themes and coarse language – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – artistic work – language and themes acceptable in context – not upheld This headnote does not form part of the decision. Introduction [1] A book reading of Eggs, written by New Zealand author Maxine Alterio, was broadcast on Radio New Zealand National on 6 April 2012 (Good Friday) at 6. 50am. The story was told from the perspective of an “at risk youth” who attended a Polytechnic course where she and her classmates looked after eggs in order to learn parenting skills. The story contained mature themes including references to drug taking and sex, as well as some coarse language, for example, the words “shit”, “piss” and “bastard”....

Decisions
Gibson and Radio New Zealand Ltd - 2012-113
2012-113

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand News – item reported that pedestrian had been hit by a bus in Wellington – newsreader stated, “St John Ambulance says a woman in her mid-forties was hit by a bus on the corner of Hunter and Featherston streets… A spokesperson says the woman sustained moderate injuries and was transferred to Wellington hospital…” – reference to St John Ambulance allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – reference to St John Ambulance was not material to the focus of the item and would not have misled listeners in any material respect – not upheldStandard 6 (fairness) – Wellington Free Ambulance did not take part and was not referred to in the broadcast so listeners would not have been left with an unfairly negative impression of it as an organisation – in any event the reference to St John Ambulance was…...

Decisions
Phillips and Radio New Zealand Ltd - 2005-033
2005-033

The Chair, Joanne Morris, declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989The Treaty Debate – three broadcasts over three weeks – covered various viewpoints on The Treaty of Waitangi and Māori issues – allegedly unbalancedFindings Principle 4 (balance) – programmes intended to provoke debate and discussion – not a definitive discussion on all aspects of the Treaty of Waitangi – period of current interest remains open – not upheldThis headnote does not form part of the decision. Broadcast [1] Radio New Zealand Limited broadcast The Treaty Debate on National Radio in three one-hour broadcasts on the 13th, 20th and 27th of February 2005. [2] The debates were part of a public lecture series recorded at Te Papa Tongarewa....

Decisions
Taylor and Radio New Zealand Ltd - 2009-039
2009-039

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – item about violence encountered by staff working with dementia patients – contained interviews with a nurse working in a dementia ward, a representative from the Nurses Organisation and a spokesperson from the Ministry of Health – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (controversial issues – viewpoints) – broadcaster presented the required significant viewpoints – perspective of care providers not vital to discussion – not upheld Standard 5 (accuracy) – comment complained about was not a statement of fact – not upheld Standard 6 (fairness) – people and organisations taking part and referred to treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Hulst and Radio New Zealand Ltd - 2003-024
2003-024

ComplaintOff the Wire – radio comedy - comment that fat people are greedy and smelly – unfair – bad taste – encourages negative stereotypes FindingsPrinciple 1 – context – no uphold Principle 5 – not news or current affairs – not applicablePrinciple 6 – specific person not referred to – no upholdPrinciple 7 Guideline 7a – satirical exception to encouraging denigration – no uphold – Guideline 7b – not children’s normally accepted listening time – no uphold This headnote does not form part of the decision. Summary [1] Off the Wire, a radio comedy, was broadcast on National Radio at about 9. 05pm on Friday 1 November 2002, and repeated at 1. 30pm the next day. In dealing with a news item about a doctor being sacked from an overseas hospital, a participant had stated that "fat people are greedy and smelly – don’t trust them"....

Decisions
Marriott and Radio New Zealand Ltd - 2008-064
2008-064

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item concerning MAF’s approval of the importation by zoos of crocodiles and salt-water alligators – allegedly in breach of accuracy and social responsibility Findings Principle 6 (accuracy) and Principle 7 (social responsibility) – complainant mistaken as to the contents of the broadcast – not upheld This headnote does not form part of the decision. Broadcast [1] During the 7pm news bulletin on Radio New Zealand National on 24 April 2008, the following item was introduced: Crocodiles and alligators have been approved for import. The Ministry of Agriculture and Forestry has agreed to allow zoos to bring in Australian salt-water crocodiles and American alligators....

Decisions
Seven Complainants and Radio New Zealand Ltd - 2021-090 (14 September 2022)
2021-090

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

Decisions
Cole and Radio New Zealand Ltd -2022-001 (2 March 2022)
2022-001

The Authority has declined to determine a complaint under the good taste and decency, children’s interests and accuracy standards, about a fictional character’s description of milk in an episode of Saturday Storytime. The Authority declined to determine the complaint on the basis it was trivial and did not raise any issues of broadcasting standards at a level which warranted consideration. Declined to Determine: Good Taste and Decency, Children’s Interests, Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

Decisions
James and Radio New Zealand Ltd - 2004-080
2004-080

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Summer Report – panel discussion about healthy eating and exercise – reference to healthy food pyramid – advice given that not all fats were bad – unsaturated fat preferred to saturated fats – item alleged to be inaccurate, unfair and unbalancedFindings Principle 4 (balance – the safety of trans-fats not a controversial issue dealt with in the broadcast – not upheld Principle 5 (fairness) – trans-fats peripheral – not upheld Principle 6 (accuracy) – trans-fats not the topic of discussion – not upheldObservation Authority may decline to determine further complaints from Ms James when complaint only about peripheral matter dealt with in broadcastThis headnote does not form part of the decision. Broadcast [1] A panel discussion about healthy eating and exercise was broadcast as part of Summer Report on National Radio between 8. 00 to10. 00am on Thursday 8 January 2004....

Decisions
Baker and Radio New Zealand Ltd - 2024-054 (14 October 2024)
2024-054

The Authority has not upheld a complaint about a news item on RNZ National. The item briefly described a ruling of the International Court of Justice in relation to Israel’s actions in Rafah, and an academic’s perspective on the potential reaction of the international community. The complainant argued other perspectives and information should have been included, the description of the ruling was inaccurate, and the various statements, omissions and inaccuracies contributed to breaches of multiple standards. The Authority found the brief item did not constitute a ‘discussion’, so the balance standard did not apply. With regard to accuracy, the Authority found the description of the ruling was reasonable and the broadcaster had exercised reasonable efforts to ensure accuracy. It also found the academic’s reference to ‘attacking’ by Israel constituted comment, analysis or opinion to which the accuracy standard did not apply and was materially accurate....

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