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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 98/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BARRY BARCLAY of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Summary A representative of a beneficiaries’ organisation was interviewed on National Radio’s Nine to Noon on 21 July 1999 beginning at 9. 06am. The interview arose in the context of controversy surrounding the operation of Work and Income New Zealand. Mr Boyce complained to RNZ, the broadcaster, that the beneficiary representative was not treated fairly because he was not named in the introduction to the item. He contended that the interviewee was discriminated against because of his status as a beneficiary. RNZ provided a brief response in which it asserted that the interviewee had been dealt with fairly, and that it had acted in a socially responsible manner. It declined to uphold the complaint. Dissatisfied with RNZ’s response, Mr Boyce referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to determine the complaint....

Summary[This summary does not form part of the decision. ]A segment on Morning Report discussed one Auckland individual’s challenge to Auckland Council to open a discussion about removing or altering a monument to Colonel Marmaduke Nixon in Ōtāhuhu. The item briefly summarised Colonel Nixon’s role in colonialism and in the Waikato land wars, including the invasion of Rangiaowhia. The Authority did not uphold a complaint that the item lacked balance and was inaccurate in its account of the events at Rangiaowhia. The Authority found the item did not purport to provide a comprehensive examination of what occurred at Rangiaowhia. Rather, the item focused on one individual’s challenge to the Council to consider removing or altering the monument. In this context, it was not required in the interests of either balance or accuracy to present alternative accounts of the historical events....

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....

The Authority has not upheld a complaint that an interview on Morning Report following the US Supreme Court decision overturning Roe v Wade (regarding rights to abortion) breached the balance standard. The complainant alleged the broadcast was unbalanced as both interviewees chosen were from the ‘pro-choice’ perspective, and the ‘pro-life’ point of view was not mentioned, nor a ‘pro-life’ interviewee included. The Authority found that while abortion access and related laws constitute a controversial issue of public importance, the full broadcast (in particular the news report immediately prior covering reactions in the US) included viewpoints from both sides of the issue. Further, the nature of the issue is such that the public can reasonably be expected to be aware of the major perspectives in the debate through ongoing media coverage. Not Upheld: Balance...

SummaryA news report on Radio New Zealand’s Morning Report on 20 November 1998 at about 7. 30am stated: "In Israel more land is to be handed over to the Palestinians". Ms Zarifeh, on behalf of the Wellington Palestine Group, complained to Radio New Zealand Ltd, the broadcaster, that the report was inaccurate. She pointed out that the land in question was not in Israel, but was illegally occupied by Israel. It was wrong, she continued, to convey the impression that Israel was somehow being generous in giving the land away. The Group had complained about such inferences in reporting on a number of occasions in the past, she noted, and it was unfortunate that RNZ had "resumed the practice of mislabelling the boundaries of the Middle East....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item about a university study which alleged flaws in the data used by the government to increase the ACC levy for motorcyclists – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint frivolous, trivial and vexatious – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] A brief news item, broadcast on Radio New Zealand National at 10am on Wednesday 19 May 2010, reported on a university study which claimed that there were flaws in the data on which the Government had based its recent ACC levy increase for motorcyclists....

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(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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – news item reported investigation into allegations of inappropriate sexual behaviour by police officers – said woman claimed that serving police officers would arrive while on duty, use handcuffs and batons on her and that she was often strangled to the point of blacking out – allegedly in breach of good taste and decency and inappropriate for child listeners Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) and guideline 7b (child listeners) – contextual factors – broadcaster was mindful of child listeners – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Radio New Zealand National’s Morning Report programme, broadcast at approximately 7....

Summary[This summary does not form part of the decision. ]A segment on Nine to Noon discussed raising the youth justice age. The presenter interviewed a human rights lawyer, a youth worker and the director of JustSpeak. The Authority did not uphold a complaint that the segment was unbalanced. While the interviewees featured all supported raising the youth justice age, the presenter referred to the existence of alternative views on a number of occasions during the item. The issue was also canvassed in detail in other media coverage during the period of current interest, therefore audiences would be aware of a variety of perspectives beyond those put forward by the interviewees....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in determination of this complaint. Summary [This summary does not form part of the decision. ] An item on Morning Report featured an interview with a Social Policy Advisor at the Citizens Advice Bureau (CAB), who discussed CAB’s experience assisting the public with income support applications to Work & Income New Zealand (WINZ). The Authority did not uphold a complaint from the Ministry of Social Development (MSD) that this interview was unbalanced, unfair and inaccurate. The Authority found that because of the nature of the item – which comprised a brief interview with one individual, who approached a widely reported issue from a clearly identified perspective – audiences would not have expected to hear MSD’s response to the comments made....

The Authority has not upheld a complaint that a brief Radio New Zealand (RNZ) News bulletin, reporting regarding violence in Amsterdam surrounding a football match between Ajax and Maccabi Tel Aviv, was inaccurate and unbalanced. The Authority found the brief, straightforward item did not amount to a ‘discussion’ of a controversial issue for the purposes of the balance standard; and listeners were unlikely to be misled by this single item given RNZ’s and other outlets’ earlier coverage of the events. By the time this item was broadcast, RNZ had already reported the information the complainant wished to be included in several other bulletins the previous evening and earlier the same day. Therefore, the Authority overall did not find any harm at a level justifying regulatory intervention. Not Upheld: Balance, Accuracy...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – interview with Sir Stephen Tindall – Sir Stephen made very brief reference to Joan Withers as a trustee of one of his projects – allegedly in breach of accuracy, fairness and responsible programming standardsFindingsStandard 5 (accuracy), Standard 6 (fairness), Standard 8 (responsible programming) – Authority has previously declined to determine similar complaints from Mr Golden – complaint is trivial and bordering on vexatious for Mr Golden to continue referring similar complaints following Authority’s previous rulings – Authority declines to determine the complaint in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about restrictions on the behaviour of people acting as Father Christmas – presenter said she “scared the bejesus out of a number of kids” acting as “Mrs Claus” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] On Thursday 8 December 2005, a panel discussion was held between 4 and 5pm on National Radio, during Afternoons with Jim Mora, about the strict rules surrounding acceptable conduct for people acting as Father Christmas. A member of the panel said she had once acted as “Mrs Claus” and had unintentionally “scared the bejesus out of a number of kids”....

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....

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....

The Authority has upheld an accuracy complaint about RNZ news bulletins broadcast on 19 and 20 April 2022 reporting on the Government’s apparent delay in ending the MIQ system, despite recently released public health advice from November 2021 noting that a changed risk assessment meant MIQ would no longer be justified. The Authority found the items were misleading by omission as they gave a strong impression the advice stated MIQ should be wound up immediately (rather than through a ‘carefully managed transition’ to safely shift to a new system), and the Government had acted contrary to that advice. The Authority did not uphold the complaint under the balance standard. While finely balanced, noting the standard allows balance to be achieved over time, the Authority found RNZ’s later coverage (particularly on 20 April) adequately conveyed the Government’s perspective. Upheld: Accuracy. Not Upheld: Balance Order: Section 13(1)(a) broadcast statement...

The Authority has not upheld a complaint that an item covering the Electricity Authority’s new trading rule breached the accuracy and fairness standards. The item was materially accurate, given its focus was the introduction of a new trading rule, motivated in part to address an undesirable trading situation (associated with Meridian Energy’s actions). It was not unfair to Meridian, as the programme was not inaccurate in how it presented Meridian’s contribution to the ‘revamped’ rule. Not Upheld: Accuracy, Fairness...