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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-061 Dated the 18th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN CONNELL of Rotorua Broadcaster RADIO NEW ZEALAND LIMITED L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-003 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TONY SIMPSON of Wellington Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary[This summary does not form part of the decision. ]In its Morning Report programme RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. The Authority declined to determine a complaint about this scheduling change, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards. Declined to Determine: Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] In its Morning Report programme, RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. [2] John Malcolm complained that this change ‘discriminate[d] against those of us in provincial [New Zealand] who need to be abreast of Māori and rural issues’, because rural New Zealanders listen to the radio at a much earlier time of day and will not necessarily be able to listen to the full Morning Report programme....

SummaryA report on Maori Housing was discussed on RNZ’s Morning Report on 12 January 1999. A range of differing views was expressed on the matter. Mr Stemson complained to Radio New Zealand Ltd about the accuracy of comments made by Hon Wyatt Creech (the Deputy Prime Minister) when he spoke about the accommodation supplement. Dealing with the complaint as one which alleged a lack of balance, RNZ said that there was no record of Mr Creech being interviewed. As the complaint seemed concerned with the adequacy of policy, RNZ suggested to Mr Stemson that he express his opinion directly to the Minister or his MP. Dissatisfied with RNZ’s decision, Mr Stemson referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to determine the complaint....

Summary[This summary does not form part of the decision. ]A complaint about an interview between Kim Hill and Rt Hon Winston Peters regarding the relationship between New Zealand First and the Labour Party was not upheld. The complainant submitted the interview was unbalanced because Kim Hill’s interviewing of Mr Peters was ‘biased, rude and condescending’. The Authority found that, while Ms Hill asked Mr Peters challenging and critical questions, Mr Peters had a reasonable opportunity to put forward his competing point of view. Given the level of public interest in the interview, Mr Peter’s position and his experience with the media, the Authority also found Ms Hill’s interview style did not result in Mr Peters being treated unfairly....

*Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]Morning Report looked at the Taranaki Regional Council’s ‘landfarming’ policy and contained an interview with a Council representative. The Authority did not uphold the complaint that the broadcast was misleading, unfair and unbalanced. The report was an accurate and fair reflection of what the representative told the reporter in the interview, and it is legitimate and important in our free and democratic society to challenge and criticise public bodies on matters of strong public interest. Not Upheld: Accuracy, Fairness, Controversial IssuesIntroduction[1] An item on Morning Report reported on the Taranaki Regional Council’s (TRC) ‘landfarming’ policy. The reporter interviewed TRC’s Director of Environment Quality, Gary Bedford, and his comments formed the basis of the story....

Summary An item on Morning Report dealt with genetically modified plants. In some parts of the item, the commentary and opinions were accompanied by music. The item was broadcast on National Radio on 5 May 1999 at about 7. 50 am. Mr Purvis complained to Radio New Zealand Limited that the "mood music" which was played was designed to engender a sense of foreboding. He questioned whether similar music would follow a report about an out-of-favour politician. RNZ responded that the music drew attention to some of the opinions expressed in the item. The item itself did not pass judgment on whether those opinions were correct or not, it wrote. Some public alarm already existed about the issue of genetic modification of plants, it submitted, and the music highlighted parts of the item but it did not create alarm....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – interview with Pauline Hanson on Morning Report – interviewer asked if she was considering political life again and mentioned that ACT party in New Zealand was looking for a new leader – comments allegedly unfair to ACT leaders and voters Findings Principle 5 (fairness) – comment did not attribute politics of Pauline Hanson to ACT party or members – issue of fairness did not arise – not upheld This headnote does not form part of the decision. Broadcast [1] Former Australian politician Pauline Hanson was interviewed on Morning Report on 7 May 2004, shortly before the 7 o’clock news. The interview took place in the context of Ms Hanson’s trip to New Zealand for the purpose of promoting a cleaning franchise. During the interview the interviewer asked Ms Hanson: Any thoughts about entering the political arena again?...

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....

The Authority has not upheld a complaint about Sports Chat on RNZ’s Morning Report, during which the guest commentator briefly summarised violence surrounding the Maccabi Tel Aviv football match against local Dutch team Ajax in November in Amsterdam, including: ‘the Amsterdam Mayor has come out and said, look, criminals on scooters searched the city for Maccabi supporters in hit-and-run attacks. …said [they were] all antisemitic. ’ The complaint was that RNZ ‘severely distorted’ the context of the events to the point of inaccuracy; discriminated against and denigrated ‘the Amsterdam people who responded to Maccabi’s racist provocations’ and immigrants, by ‘choosing to represent this as antisemitism’; and lacked balance and fairness by excluding Amsterdam locals’ perspective. The Authority did not uphold the complaint, finding the brief summary of the Amsterdam mayor’s response was not materially misleading in the context of Sports Chat, and the remaining standards did not apply....

SummaryIn an item on Morning Report broadcast on 12 August at 7. 28am, the presenter suggested to an investment advisor, when he was interviewed about the possible sale of the Wellington Airport, that potential buyers would "have to be blind" to think the sale was not a political minefield. Mr Mosen complained to Radio New Zealand Ltd that he, as a blind person, found the comment highly offensive, as it equated blindness with stupidity. He maintained that it was distressing and unhelpful to have ignorant and inaccurate perceptions about blindness reflected by a current affairs presenter. He sought an apology. RNZ defended the use of the phrase which it asserted was used in a colloquial sense and also a metaphorical sense, and maintained that the meaning of the figurative use was perfectly clear....

Paul France declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – several items discussed whether SKY Television's hosting rights for the next Olympics would mean that a large number of households would not be able to view the Olympics free-to-air – allegedly inaccurate, unfair and in breach of controversial issues standard Findings Standard 4 (controversial issues - viewpoints) – broadcaster made reasonable efforts to present SKY's perspective over the course of the programme – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements of fact – not upheld Standard 6 (fairness) – SKY's perspective was conveyed – not treated unfairly – not upheld This headnote does not form part of the decision....

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”....

The Authority has not upheld a complaint that an interviewee’s language, broadcast during an item on Morning Report on 10 December 2018, was violent and inappropriate. The item reported on the declining memberships of sports clubs in New Zealand and featured an interview with the Club Captain of a tennis club. The interviewee commented that the tennis courts were so empty ‘you could… fire a machine gun and hit no one. ’ The Authority noted that the right to freedom of expression allows individuals to express themselves in their own words, provided this does not cause undue harm. In this case, the comment made by the interviewee was brief, was not overly graphic or targeted at a particular individual or group, and was not intended to be taken literally....

The Authority did not uphold a complaint about four items on Morning Report covering an open letter to Government calling for ‘a major overhaul of the drug laws’. The Authority found the items did not breach the balance standard, as, while they discussed a controversial issue of public importance to which the balance standard applied, a reasonable range of perspectives were included, particularly given they were reporting on the publication of the open letter. In the context of items covering a challenge to the status quo, and when debate around drug reform is an ongoing issue in New Zealand, it was unlikely that listeners would have been left uninformed or unaware there were other perspectives on this issue. Not Upheld: Balance...

The Authority has not upheld a complaint that two interviews on Morning Report, which explored the propriety of funding for a campaign to encourage Māori to register on the Māori electoral roll, breached the balance and accuracy standards. The complainant said the interviews with Merepeka Raukawa-Tait, Chair of the Whānau Ora Commissioning Agency (WOCA) which funded the campaign, and with Hon Shane Jones, who was asked to comment on the issue, displayed ‘anti-Māori bias’. Noting the broadcast incorrectly stated WOCA was a government agency, the complainant also said listeners would be left with an impression there was corruption taking place based on a false assumption. The Authority found the balance standard was not breached as significant perspectives about the advertising campaign were presented in the broadcast and in other media within the period of current interest....

The Authority has not upheld a complaint that a Morning Report item stating ‘Protesters occupying Parliament grounds have been calling for reinforcements…’ breached the law and order standard. The Authority found in the context the item did not actively encourage or promote illegal behaviour. In any event, the public interest in the item meant the right to freedom of expression outweighed any potential harm. Not Upheld: Law and Order...

The Authority has not upheld a complaint that an item on RNZ National’s Morning Report on 14 January 2022 breached the discrimination and denigration standard by voicing-over comments made by international students. The complainant alleged this implied that foreign students and immigrants are not easily understood due to their accents, thereby reinforcing xenophobia. The Authority found ‘international students’ and ‘immigrants’ did not constitute relevant sections of the community for the purposes of the standard. In any event, the broadcast would not have reached the threshold required for finding a breach. Not Upheld: Discrimination and Denigration...

A complaint about an interview between Susie Ferguson and Hon Judith Collins regarding issues which arose in the preceding day’s Leaders’ Debate was not upheld. Given the level of public interest in the interview and Ms Collins’ position and experience with the media, the Authority also found Ms Ferguson’s interview style did not result in Ms Collins being treated unfairly. Given the framing and structure of the interview, there was no lack of balance. The question about Ms Collins’ motivations for praying (and her photograph being taken) in a chapel was not likely to encourage the different treatment, or devalue the reputation, of Christians. The accuracy standard did not apply as the relevant statements were comment, analysis or opinion. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...