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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....

An appeal against this decision was dismissed in the High Court: CIV 2004-485-2035 PDF1. 53 MBComplaint under s....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – presenter allegedly implied that all of Jerusalem was located in Israel – allegedly inaccurateFindings Principle 6 (accuracy) – item did not imply that Jerusalem belonged to Israel – not upheldThis headnote does not form part of the decision. Broadcast [1] On Morning Report broadcast on National Radio on 15 March 2004 at approximately 7. 15am, a news item was introduced as follows: And now to Israel where at least nine people have been killed in a double suicide bombing at one of the country’s busiest ports earlier today. Two Palestinian militant groups have claimed joint responsibility for the attack. The Independent’s correspondent in Jerusalem, Eric Silva, joins us now. Complaint [2] On behalf of the Palestine Human Rights Campaign, David Wakim complained to Radio New Zealand Ltd, the broadcaster, that the introduction was inaccurate....

ComplaintCheckpoint – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – reference to Muslim background and comments from representatives of Muslim communities who had expected him to vote against the Bill – blamed for passage of Bill – held up to ridicule and contempt – unfair FindingsPrinciple 4 – MP given right to reply to criticism – no uphold Principle 5 – MP not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item broadcast on Checkpoint on National Radio at 5. 00pm on Thursday 26 June, comment was made that the Bill would not have passed had Mr Ashraf Choudhary MP not abstained....

ComplaintNational Radio – News item – Labour leader calls for support – alleged to be a party political announcement – broadcaster not independent FindingsPrinciple 6, Guideline 6a – sources cited – objective presentation – no uphold This headnote does not form part of the decision. Summary [1] A call from the leader of the Labour Party for party supporters to vote Labour, rather than for a potential coalition party, was reported in a news item broadcast on National Radio at 3. 00am on 26 July 2002. [2] Doug McElwain complained to Radio New Zealand Ltd, the broadcaster, that the item sounded like a party political broadcast, and accordingly, breached the requirement for broadcasters to maintain an independent news service. [3] In response, RNZ said the item cited the sources of information referred to and there was nothing in the item which suggested its independence had been called into question....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Off the Wire – comments about disabled people being “munted” – allegedly denigratoryFindingsPrinciple 7 (social responsibility) – no denigration on account of disability – item was legitimate humour – not upheldThis headnote does not form part of the decision. Broadcast [1] The participants in the Off the Wire programme broadcast on National Radio on 16 October 2004 discussed recent news events, including the decision of the International Paralympics Committee not to allow a quadriplegic rugby player to attend the Disabled Games. [2] One of the participants, Mike Loder, a comedian, said that the Committee considered “how munted you are” in deciding whether to allow a person to participate in the games....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Nine to Noon – commentator (Hana O’Regan) compared the impact of views of the leader of the National Party (Dr Brash) to those of Hitler – allegedly offensive, irresponsible, unbalanced, unfair and inaccurateFindings: Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – another perspective on extensively debated controversial issue – not upheld Principle 5 (fairness) – focus of comparison on process, not policy – not upheld Principle 6 (accuracy) – limited factual comparison accurate – not upheldThis headnote does not form part of the decision. Broadcast [1] Commentator Hana O’Regan was interviewed by the presenter (Linda Clark) on National Radio’s Nine to Noon between 9. 54 and 10. 00am on 11 February 2004....

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....

ComplaintMediawatch – National Radio – allegedly offensive languageFindings Principle 1 – language not offensive – not upheldThis headnote does not form part of the decision Summary [1] An interview with former broadcaster Ron Sneddon about recent changes in the radio market was broadcast during Mediawatch on National Radio at about 9. 10am on Sunday 28 September 2003. [2] Miss Hadfield complained about “offensive content and swear words” during the interview, in which references were made to: “tits, bums and fart jokes” a radio station called “The Bitch”. [3] In response, RNZ declined to uphold the complaint on the basis that the language was not offensive in the context of the broadcast. [4] Dissatisfied with RNZ’s decision, Miss Hadfield referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority does not uphold the complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Late Edition – item about 35th anniversary of moon landing – in referring to moon landing as matter of historical fact broadcast allegedly inaccurate, unbalanced and unfair as fact of moon landing not universally accepted Findings Moon landing has status as historical fact – RNZ entitled to refer to it as fact – declined to determine pursuant to section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Late Edition, broadcast on National Radio on 21 July 2004, contained an item regarding the 35th anniversary of the first moon landing. The item was introduced as follows: 35 years ago this week NASA astronauts Neil Armstrong and Buzz Aldrin landed Apollo II on the surface of the moon....

ComplaintBea Arthur on Broadway – Concert FM – joke about a taxi driver and his fantasy about oral sex with a nun – offensive FindingsPrinciple 1 Guideline 1a – context – no uphold his headnote does not form part of the decision. Summary [1] Bea Arthur on Broadway: Just Between Friends featured in the Music Alive programme broadcast on Concert FM between 8. 00–9. 10pm on Friday 24 January 2003. During the programme, actress Bea Arthur told a joke about a nun who hired a taxi, and the taxi driver who told her that he had a fantasy about having oral sex with a nun. [2] Paul Clarke complained to Radio New Zealand Ltd, the broadcaster, that the story was offensive and not the sort of material expected on Concert FM. [3] In response, RNZ apologised to Mr Clarke....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Off the Wire – participants discussed a food outlet that had opened in a church – commented “the body of Christ does come with six grams of fat” – allegedly in breach of good taste and decency and denigratoryFindingsPrinciple 1 (good taste and decency) – in context, not indecent or in poor taste – not upheld Principle 7 (social responsibility) – item not critical of Christians or Christian practices – not upheldThis headnote does not form part of the decision. Broadcast [1] The participants in Off the Wire, broadcast on National Radio on 3 October 2004 at around 3:00 am discussed recent news events, including the opening of a food outlet in a New York church....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – item on changing population statistics of New Zealand – introduced with reference to the possibility of New Zealand becoming a republic – allegedly unbalancedFindingsPrinciple 4 (balance) – topic of republicanism not the controversial issue of public importance covered by the item – balance on that issue not required – not upheldThis headnote does not form part of the decision. Broadcast [1] On 26 April 2005 at 7. 20am on National Radio, an item on Morning Report covered changing population statistics in New Zealand, noting the expectation of continuing increases in Asian, Māori and Pacific Island communities. The introduction to the item included the statement “some believe this will fuel arguments to ditch the Queen as the head of State”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Nine to Noon – joint interview with organiser of anti-racism march in Christchurch and leader of National Front – complainant alleged that interview on National Radio gave National Front credibility and legitimacy – item allegedly unbalanced and unfair as National Front not legitimate commentator on immigration issuesFindings Principle 4 (balance) – programme presented both sides of debate – not upheld Principle 5 (fairness) – programme not unfair to identifiable person – not upheld This headnote does not form part of the decision. Broadcast [1] During Nine to Noon on 10 May 2004 the presenter (Linda Clark) conducted a joint interview with the organiser of an anti-racism march in Christchurch, Mr Lincoln Tan, and the organiser of a National Front counter-march, Mr Kyle Chapman....

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....

ComplaintPlato’s Cave – promo at 4. 00pm – reference to sexual activity – offensive – unsuitable for children FindingsPrinciple 1 Guideline 1a – context – no uphold Principle 7 Guideline 7b – audience research indicates minimal child audience – withdrawn This headnote does not form part of the decision. Summary [1] A promo for the forthcoming Sunday drama, Plato’s Cave, was broadcast on National Radio at 4. 05pm on Thursday 20 September 2002. The promo included a request for a man to undress and to prepare for sex. [2] Jacqueline Grenfell complained to Radio New Zealand Ltd, the broadcaster, that the broadcast of the promo at that time was offensive and unsuitable for children. [3] In response, RNZ acknowledged that the promo was challenging but argued that, on balance, it did not breach the standards....

ComplaintMorning Report – item about industrial accidents in timber mill – interviewer questioned union representative aggressively while appearing cordial with owner’s representative – unfair Complaint News Item – later news item included owner’s view only – unbalanced FindingsPrinciple 4; Principle 5 and Guidelines 5b and 5c – interviewer’s approach to each spokesperson similar – no uphold News item at 7. 30am balanced by item within period of current interest at 8. 00am – no uphold This headnote does not form part of the decision. Summary [1] A recent industrial accident at a timber mill, and the company’s accident record, were dealt with in an item during Morning Report broadcast on National Radio at about 7. 25am on 17 April 2003. The item included interviews with representatives from the union and the company. The discussion was referred to in an item during the news bulletin broadcast at 7. 30am....

ComplaintNews item on National Radio – Padre Pio made a saint – "who is said to be" a stigmatist – cast doubt on accuracy of statement Findings Principle 6 – phrase did not make statement inaccurate – no uphold This headnote does not form part of the decision. Summary [1] The canonisation of Padre Pio was reported in a news item broadcast on National Radio at 5. 00am on 17 June 2002. It was reported that he was said to have borne the bleeding wounds of Christ. [2] Rev D P Collins complained to Radio New Zealand Ltd, the broadcaster, that the use of the phrase "who is said to be" was simply an impression when medical evidence must be available as Padre Pio died in 1968....