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Decisions
University of Auckland and Radio Pacific Ltd - 1998-141
1998-141

SummaryLindsay Perigo in "The Politically Incorrect Show" broadcast on Radio Pacific on 10 May 1998 between 10. 00–10. 20am stated that he was shocked to have been told that a named lecturer at the University of Auckland had forbidden her graduate economics class to invite Sir Roger Douglas or anyone from the Business Roundtable to speak to the class. The University of Auckland, through the Office of the Vice Chancellor, complained to Radio Pacific Ltd, the broadcaster, that the remarks breached the good taste standard, were inaccurate, unfair and taken out of context. Radio Pacific responded first by noting that the show was unashamedly subjective, and promoted libertarian ideas....

Decisions
Watkins & Yardley and Radio New Zealand Ltd - 2022-142 (12 April 2023)
2022-142

The Authority has not upheld two complaints about an interview on Morning Report with Sue Grey, lawyer for the parents of a baby whose urgent heart surgery had been delayed due to the parents’ concerns regarding blood from donors vaccinated against COVID-19. The essence of the complaints was that the host did not listen to Grey, constantly interrupted her, did not allow her to answer the questions, and pushed his personal views. The Authority found the interview did not go beyond the level of robust scrutiny that could reasonably be expected in an interview with Grey on this subject, noting in particular that Grey was making claims contrary to public health advice, and was able to put forward key points in the course of the eight-minute interview. Therefore the broadcast overall did not result in any unfairness to Grey....

Decisions
Slater and Television New Zealand Ltd - 2023-012 (30 May 2023)
2023-012

The Authority has not upheld a complaint an item on 1 News was denigrating or unfair by including footage of a displaced West Auckland resident, following the Auckland Anniversary floods, taking a donut from a box. The complaint stated the footage represented a racial stereotype, degrading the woman. The Authority found the broadcast did not breach the discrimination and denigration standard as it concerned the woman as an individual rather than a recognised section of the community, and was not unfair as she was not portrayed unfairly negatively. In any case, inclusion of the footage was an editorial choice that was open to the broadcaster. Not Upheld: Discrimination and Denigration, Fairness...

Decisions
Waide and TVWorks Ltd - 2008-058
2008-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....

Decisions
Department of Labour and Television New Zealand Ltd - 2004-131
2004-131

Joanne Morris, Chair of the Authority, declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about a report which disclosed internal fraud at the Immigration Service – allegedly unbalanced and misleading Findings Standard 4 (balance) – balance of perspectives aired – not upheld Standard 5 (accuracy) – no inaccuracies – not misleading – not upheld Standard 6 (fairness) – not part of original complaint – no jurisdiction to determine This headnote does not form part of the decision. Broadcast [1] The lead item on One News broadcast on TV One at 6. 00pm on 8 April 2004, concerned a report that reviewed the Immigration Service’s processes when dealing with investigations into allegations of internal corruption....

Decisions
Newman and The Radio Network Ltd - 2004-195
2004-195

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nelson Newstalk ZB interview following local body elections – Mayor of Nelson commented on his lessened majority – stated that Grey Power had been “hijacked” by members of his opponent’s team – allegedly unbalanced, unfair, inaccurate and encouraged denigration Findings Principle 4 (balance) – no controversial issue of public importance – not upheld Principle 5 (fairness) – no persons treated unfairly – not upheld Principle 6 (accuracy) – expression of opinion – standard does not apply – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – expression of opinion – standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A broadcast on Nelson Newstalk ZB on 11 October 2004 at around 11. 30am featured an interview with the winning Mayors of Nelson (Paul Matheson) and Tasman (John Hurley)....

Decisions
Tobin and Māori Television - 2009-156
2009-156

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Native Affairs – item discussed the findings of a 2009 Education Review Office report on a Māori immersion school called Te Kura Kaupapa Māori o Hoani Waititi – reporter made statements about operation of the school and teachers’ resignations – included footage of a previous interview with the Chair of the school’s Board of Trustees and interviews with a representative from the national body that represents Te Kura Kaupapa Māori and a past principal of the school – allegedly in breach of controversial issues, accuracy and fairness standards Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item accurate in relation to the points raised by the complainant – not upheld Standard 6 (fairness) – complainant and the Kura’s Board given adequate opportunity to respond – item dealt…...

Decisions
Sanders and Radio 531 PI - 2002-176, 2002-177
2002-176–177

ComplaintRadio 531 PI Breakfast Show – interview about organisation of International Laugh Festival – complainant named and criticised as festival producer – breach of privacy – comments unfair and inaccurate – broadcasters acknowledged some comments as unfair – apology promised – action taken insufficient FindingsPrivacy – no private facts disclosed – expression of opinion only – no uphold Principle 5 – comments unfair – uphold Principle 6 – not a news or current affairs programme – no uphold Action taken Written apology tendered to complainant through Authority – sufficient This headnote does not form part of the decision. Summary [1] The International Laugh Festival was discussed on Radio 531 PI on the morning of 6 May 2002. A Pacific Island comedian, who was not included in the televised Gala part of the Festival, was interviewed....

Decisions
Taranaki Regional Council and Radio New Zealand Ltd - 2014-013
2014-013

*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....

Decisions
Lawton and Television New Zealand Ltd - 2002-192
2002-192

ComplaintSunday – Hormone Replacement Therapy (HRT) – results of Women’s Health Initiative reported (WHI) – complainant participated in item as representative of WISDOM – item included minimal scientific facts – potentially frightening – confusing – unbalanced FindingsStandard 4 – purpose of item to pose questions about use of HRT – no uphold Standard 5 – while further information would have been useful, material presented not inaccurate – no uphold Standard 6 – complainant’s views advanced – no uphold This headnote does not form part of the decision. Summary [1] The potential health risks of Hormone Replacement Therapy (HRT) were examined during an item broadcast on Sunday on TV One at 7. 30pm on 4 August 2002....

Decisions
Green and MediaWorks TV Ltd - 2015-013
2015-013

Summary [This summary does not form part of the decision. ] A 3 News item about Andrew Little's 'state of the nation' address, in which he promised that under the Labour Party, New Zealand would have the lowest unemployment rate in the OECD, featured an exchange between the reporter and Mr Little about unemployment rates. The Authority did not uphold the complaint that the item was misleading and unfair to Mr Little in giving the impression he did not know New Zealand's current unemployment rate when in fact he did. It was clear that the figure Mr Little was unable to quote was the current lowest OECD unemployment rate and the item did not unfairly distort his views. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News bulletin reported the 'state of the nation' address from each of the leaders of the main political parties....

Decisions
Cape and Radio New Zealand Ltd - 2018-013 (18 April 2018)
2018-013

Summary[This summary does not form part of the decision. ]Saturday Morning featured a segment in which presenter Kim Hill interviewed former MP and spokesperson for lobby group Hobson’s Pledge, Dr Don Brash, about the use of te reo Māori in New Zealand, specifically in RNZ broadcasting, without translation. The Authority did not uphold a complaint that the interview was unbalanced and unfair. The Authority found that, while Ms Hill asked Dr Brash challenging and critical questions, Dr Brash had a reasonable opportunity to put forward his competing point of view, and listeners would not have been left misinformed with regard to Dr Brash’s position. Given the level of public interest in the interview, Dr Brash’s position and his experience with the media, the Authority also found Ms Hill’s interview style did not result in Dr Brash being treated unfairly....

Decisions
Simpson and The Radio Network Ltd - 2012-064
2012-064

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talkback– during a discussion about gay marriage, the host described the complainant, a caller, as “incredibly rude” – host read out complainant’s fax and repeated the word “homophobic” but spelled out “faggot” – allegedly in breach of fairness and discrimination and denigration standardsFindingsStandard 6 (fairness) – complainant not treated unfairly – not upheld Standard 7 (discrimination and denigration) – host’s use of the word “homophobic” and spelling out of “faggot” did not encourage the denigration of, or discrimination against, any section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During Overnight Talkback, broadcast on Newstalk ZB on 6 June 2012, the host and callers discussed the issue of gay marriage. The host spoke to a caller, “David from Queenstown”, whom he described as “incredibly rude”, before terminating the call....

Decisions
Brooking and TVWorks Ltd - 2012-121
2012-121

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – interview with Ruth Money from Sensible Sentencing Trust regarding a proposed amendment to the Parole Act 2002 – Ms Money expressed her view that the amendment “did not go far enough” and that parole hearings should be abolished altogether – allegedly in breach of standards relating to controversial issues, accuracy and fairnessFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheld Standard 5 (accuracy) – Ms Money’s statements amounted to comment and opinion and were therefore exempt from standards of accuracy under guideline 5a – concerns about misleading impression regarding parole board hearing process adequately addressed under controversial issues standard…...

Decisions
Newton-Wade & Nick Wilson and NZME Radio Ltd - 2022-116 (27 February 2023)
2022-116

The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the fairness standard during an episode of Heather du Plessis-Allan Drive was insufficient. The complaint related to an interview with a 16-year-old climate activist about the Schools Strike for Climate movement, and the group’s key demands. During the interview, the interviewee admitted she had recently travelled to Fiji, despite one of the group’s demands being a ban on ‘unnecessary air travel’. This resulted in the host hysterically laughing at, and teasing the interviewee for over a minute. The broadcaster conceded in light of the interviewee’s age and potential vulnerability, the segment breached the fairness standard. The Authority determined it too would have found a breach of the fairness standard, but in the circumstances considered the action taken by the broadcaster was sufficient to address the breach....

Decisions
Davis and Radio New Zealand Ltd - 2019-061 (16 December 2019)
2019-061

The Authority has upheld one aspect of a complaint that an interview with Sir Andrew Dillon, the CEO of the UK’s National Institute for Health and Care Excellence (NICE) breached the accuracy standard. The Authority found that listeners were invited by the item to draw negative comparisons between the role and functions of NICE and of PHARMAC in the New Zealand context, which was misleading through the omission of relevant contextual information about the two agencies. The Authority did not uphold the complaint under the balance standard, as inviting a comparison of the two agencies did not amount to a discussion of a controversial issue to which the balance standard applied....

Decisions
McArthur and Radio New Zealand Ltd - 2023-004 (16 May 2023)
2023-004

The Authority has not upheld a complaint several broadcasts on RNZ National concerning missiles that crossed into Poland breached broadcasting standards. The complainant alleged the reports were unbalanced, inaccurate as to the ownership of the missiles and other matters, discriminated against Russo and Slavic people, disturbing as they raised the prospect of nuclear war in which children would be harmed, and unfair to children. The Authority did not uphold the complaint under the balance standard as the broadcaster had presented significant viewpoints on the issue and had made reasonable efforts to ensure accuracy in the context of a developing story. The other standards either did not apply or were not breached. Not Upheld: Balance, Accuracy, Offensive and Disturbing Content, Children’s Interests, Discrimination and Denigration, Fairness...

Decisions
Stamilla and Discovery NZ Ltd - 2023-107 (20 February 2024)
2023-107

The Authority has not upheld a complaint that comments made by the Political Editor on Newshub Live at 6pm referring to ‘New Zealand Loyal conspiracy candidate Liz Gunn’s party of two” breached broadcasting standards. The Authority found that the balance standard did not apply. It also found the comment was not unfair noting the party could reasonably expect such robust commentary in the lead up to an election and the party leader had previously described it as a ‘compliment’ to be referred to as a conspiracy theorist. Not Upheld: Balance, Fairness...

Decisions
Chowan and Chowan Motors Ltd and Television New Zealand Ltd - 1996-038, 1996-039
1996-038–039

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-038 Decision No: 1996-039 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DARRYLL CHOWAN and DARRYLL CHOWAN MOTORS LTD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Road Transport Forum New Zealand and TV3 Network Services Ltd - 1997-114
1997-114

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-114 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROAD TRANSPORT FORUM NEW ZEALAND Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

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