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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – report on the future of superannuation payments in New Zealand – referred to “government superannuation” – allegedly inaccurate Findings Standard 5 (accuracy) – complaint trivial – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] A news item, broadcast on Radio New Zealand National News at 9am on Friday 30 October 2009, reported on the future of superannuation payments in New Zealand. The newsreader stated: The Retirement Commissioner says the country needs to consider the future of government superannuation, with Treasury warning that government debt could balloon to two trillion dollars by 2050....

The Authority has not upheld a complaint under the discrimination and denigration and fairness standards about an item on Morning Report. The Authority did not consider referencing the iwi affiliation of the subjects featured in the piece discriminated against or denigrated other New Zealanders stuck in India due to COVID-19 who are not tangata whenua. It also found the complaint did not identify a particular individual or organisation that was alleged to have been treated unfairly in the broadcast, so the fairness standard did not apply. Not Upheld: Discrimination and Denigration and Fairness...

Summary[This summary does not form part of the decision. ]In March and April 2017, RNZ ran a series of stories about an alleged lack of Ministry of Education (Ministry) funding, resources and support for Northland teachers struggling to cope with violent and disruptive children. A complaint was made to RNZ, on behalf of the Ministry, about a lack of fairness and balance in this coverage. RNZ responded and the complainant then referred the matter to the Authority on the basis that the Ministry was dissatisfied with RNZ’s response. RNZ’s position was that the Ministry’s original complaint was not a valid formal complaint, and therefore the Authority did not have jurisdiction to accept the referral....

The Authority has not upheld a complaint alleging an item on RNZ National’s 1pm News bulletin lacked balance. The item reported on economist Dr Eric Crampton’s support for the National Party’s policy to retract Labour’s extension to the bright-line test for people selling investment properties. The complainant alleged the item lacked balance as RNZ had interviewed Dr Crampton and another expert earlier in the day on the matter, but only Dr Crampton’s views were re-broadcast as part of the 1pm news update. The Authority did not uphold the complaint, finding the item clearly signalled it was focussed on Dr Crampton’s views and did not purport to be an in-depth examination of Labour’s decision to extend the bright-line test. Further, given other wide-ranging coverage on the issue, listeners could reasonably be expected to be aware of other views. Not Upheld: Balance...

SummaryAustralian author Kathy Lette was interviewed on National Radio’s Nine to Noon programme at about 11. 30am on 30 November 1998, and discussed "her fast fire novels about sex and love and cellulite. "Mr Mauger complained to Radio New Zealand Ltd, the broadcaster, that the content of the interview, with its emphasis on sex, was offensive. He emphasised that the subject matter was inappropriate for children as well as for a general audience. In its response, RNZ reported that the language used was in the context of the review of a literary work, and in its view was not gratuitously shocking, tasteless or in contravention of decency. In addition, it noted, the context was expressed by the interviewer in her introduction to the review. RNZ declined to uphold the complaint. Dissatisfied with RNZ’s response, Mr Mauger referred the complaint to the Broadcasting Standards Authority under s....

Download a PDF of Decision No. 1992-063:Smits and Radio New Zealand Ltd - 1992-063 PDF (366. 06 KB)...

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. ]An item on Checkpoint was introduced by the newsreader saying, ‘The Māori Education Trust has had to sell its only assets – its farms – putting at risk the grants it is required to make to Māori students’. The item went on to discuss the financial history of the Trust. The Authority did not uphold a complaint that the introduction was inaccurate in that the sale of the farms had actually improved the financial position of the Trust. The financial ‘risk’ alleged by the broadcast is not a fact able to be objectively determined, and the Trust was able to put forward its position in the item, so listeners would not have been misled....

Summary[This summary does not form part of the decision. ]An item on Morning Report featured an interview with the manager of teacher practice at the Education Council. The interview discussed the Council’s drug testing of teachers and its ‘zero tolerance’ approach to cannabis use, and referred to a recent finding of misconduct against a New Zealand teacher who refused to undergo a drug test. The Authority did not uphold a complaint that the item ‘pushed’ marijuana use by teachers. The item did not promote the use of illegal drugs or condone the behaviour of the teacher referred to. Rather, it offered a robust examination of the Council’s methods of drug testing teachers and its ‘zero tolerance’ approach to cannabis use. In this context the item did not encourage listeners to use illegal drugs or otherwise undermine law and order....

The Authority has not upheld a complaint about three RNZ broadcasts regarding political commentator Matthew Hooton. Two items on 21 and 22 May 2020 comprised interviews with Mr Hooton about the National Party leadership contest at that time, following which an item on 24 May 2020 discussed the emergence of Mr Hooton’s conflict of interest in this regard. The complaint was the 21 and 22 May items failed to disclose the conflict and the 24 May item failed to address it adequately. The Authority did not consider the broadcasts breached the accuracy standard, noting Mr Hooton disclosed his friendship with Todd Muller (National Party) in the 21 May item and accepted he had ‘nailed his colours’ to the Muller mast in the 22 May item. The conflict of interest generated by his subsequent engagement by Todd Muller did not arise until after these broadcasts....

An item on RNZ’s Midday Report reported ‘Scientists warn polar bears may become extinct by the end of the century because of climate change. ’ The complainant alleged climate change was not threatening polar bears as reported in the item. The Authority found the statements in the item were clearly framed as predictions, and attributed as being the scientists’ view. Therefore, they were analysis and opinion (rather than statements of fact) and the accuracy standard did not apply. Reporting on the predicted future impact of declining sea ice on polar bear survival, as shown in studies, did not amount to a discussion of a controversial issue, so the balance standard did not apply. Not Upheld: Accuracy, Balance, Programme Information...

A number of news bulletins on Morning Report reported findings from fact-checking group First Draft about political spending on Facebook advertising in the lead-up to the 2020 General Election and referendums. Two complaints alleged the bulletins inaccurately reported pro-cannabis group Make It Legal NZ had misleading ads removed from Facebook. The Authority did not uphold the complaints, finding although the morning bulletins were misleading and the broadcaster did not make reasonable efforts to ensure the accuracy of those reports, a later news bulletin during Midday Report was sufficient to clarify and correct the misleading impression created earlier. The Authority also found Make It Legal was not treated unfairly, as it is a lobby group that could reasonably expect a level of public scrutiny, and it was given a fair and reasonable opportunity to respond to the morning news items.   Not Upheld: Accuracy, Fairness...

The Authority upheld a complaint that a Checkpoint report summarising the complainant’s submission at a Waitematā local board public meeting was inaccurate and unfair to her. The item reported that ‘the sparks continued to fly when activist Lisa Prager described how she had claimed mana whenua status in her bid to save the trees [on Ōwairaka Mt Albert] but now regrets the move. [One] board member… refused to thank Ms Prager for her submission because, she said, her comments were “a bit racist”. ’ The Authority agreed with Ms Prager that the use of the word ‘regrets’ did not accurately reflect her view expressed at the meeting: “. . . I retire any claim to being mana whenua whatsoever. But I have no regrets in standing up and initiating the conversation. . ....

The Authority has not upheld a complaint that an interview on The Weekend, which covered various aspects of racism in Canada, breached the good taste and decency and discrimination and denigration standards. The Authority found that the interviewee’s use of ‘goddamn’ as an expletive was unlikely to undermine or violate widely shared community norms. Further, the interviewee’s reference to the colonial treatment of Canada’s indigenous people did not breach the discrimination and denigration standard. The Authority found that the comments did not apply to a recognised section of the community consistent with the grounds for discrimination listed in the Human Rights Act 1993. The Authority therefore found any restriction on the right to freedom of expression would be unjustified. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-137 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WILLIAM J WYBER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

The Authority has not upheld a complaint that an interview by Kim Hill with former nun and lesbian activist Monica Hingston breached broadcasting standards by including the suggestion that the Catholic Church, and by connection, all Catholics are corrupt. The Authority found that the interview did not contain a high level of condemnation, nor would it undermine community standards of good taste and decency, as it was a nuanced, considered conversation that was narrowly focused on Ms Hingston’s personal views and experiences with the Catholic Church. Taking into account public interest in the interview and the fact that the interview was clearly signalled as being from Ms Hingston’s perspective, the Authority also determined that it did not result in any unfairness to the Catholic Church. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness...

The Authority did not uphold a complaint regarding inclusion of a comment, ‘The party is reeling’, in the context of a news bulletin regarding the resignation of National Party Members. The complainant submitted this was unnecessary editorial comment which should not have been in a news bulletin. The Authority found the comment was distinguishable as analysis or opinion, a matter of editorial discretion and unlikely to mislead listeners. Not Upheld: Accuracy...

The Authority did not uphold a complaint that an interview with Hon Paul Goldsmith on Morning Report breached the balance and fairness standards. As the complaint did not specify a particular ‘controversial issue of public importance’ the balance standard did not apply. The Authority highlighted the value of robust political discourse and the vital role of media in encouraging and engaging in such discourse. Considering the nature of the programme and contextual factors, including the significant public interest in the interview and Mr Goldsmith’s experience in dealing with the media, the Authority did not find Mr Dann’s interview approach to be unfair. Not Upheld: Balance, Fairness...

The Authority has not upheld a complaint about an item on The Detail that discussed Auckland Council efforts to monitor and improve the water quality and swimmability of Auckland beaches. The complaint was that the item failed to present alternative views, or test or challenge the views presented by Auckland Council representatives. The Authority noted the balance standard allows for significant viewpoints to be presented over time, and does not require every programme to canvass all significant views on a particular topic. It found there was extensive coverage around the time of the broadcast that provided a range of information on the water quality and swimmability of Auckland beaches, and the broadcast approached the issue from a particular perspective, not purporting to be a balanced examination of the adequacy of Auckland Council efforts. The fairness standard did not apply. Not Upheld: Balance, Fairness...

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....