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Decisions
Bennett and Radio New Zealand Ltd - 2002-001
2002-001

ComplaintConcert FM – Classical Chart – chart not an accurate reflection of top 10 classical recordings sold each week in New Zealand FindingsPrinciple 6 – not "news and current affairs" – musical entertainment – no uphold This headnote does not form part of the decision. Summary [1] Concert FM’s Classical Chart is a weekly programme broadcast on Concert FM. The programme lists the top 10 classical recordings sold in New Zealand that week. [2] Warwick Bennett complained to Radio New Zealand Ltd, the broadcaster, that the Classical Chart did not accurately represent the sales of classical albums in New Zealand. He argued that some classical albums were being excluded. [3] RNZ declined to uphold the complaint that the chart was inaccurate, stating that whether certain albums were listed or not was in part a matter of editorial judgment....

Decisions
McDonald and Radio New Zealand Ltd - 2010-074
2010-074

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....

Decisions
Mosen and Radio New Zealand Ltd - 2021-044 (2 August 2021)
2021-044

The Authority has not upheld a complaint about an item on Morning Report including an interview between reporter Phil Pennington and Minister for the Environment Hon David Parker, regarding toxic waste contamination at Tiwai Point. During the interview Mr Parker described himself as being ‘blind’ on the state of contamination at Tiwai Point. In the introduction to the interview, presenter Susie Ferguson referred to this comment, and in the course of examining Mr Parker’s awareness of the issue Mr Pennington queried it twice. The complainant submitted the use of ‘blind’ in this way denigrated people who are blind as it equated blindness with ignorance. The Authority found the use of ‘blind’ in this context did not meet the high threshold required to find a breach of the discrimination and denigration standard.   Not Upheld: Discrimination and Denigration...

Decisions
Spring and Radio New Zealand Ltd - 2021-072 (6 September 2021)
2021-072

The Authority has declined to determine a complaint regarding a news item which included a quote from Liz Cheney calling Donald Trump’s claims that he had won the 2020 US Election ‘dangerous lies’. The complainant was concerned about RNZ referring to some politicians as liars but not others. The Authority found the content of the complaint did not relate to the substance of the broadcast, and was not capable of being properly determined by a complaints procedure. Declined to Determine: Programme Information, Discrimination and Denigration, Balance, Accuracy, Fairness (section 11(b) of the Broadcasting Act 1989)...

Decisions
Ong and Radio New Zealand Ltd - 2021-086 (13 October 2021)
2021-086

An item on RNZ’s Midday Report covering reports of violence against protesters at Kennedy Point Marina included interviews with a protester, and the developer of the site. The Authority has not upheld a complaint the item breached the balance and fairness standards. The Authority found the item presented a reasonable range of perspectives and developer Kitt Littlejohn was given a fair and reasonable opportunity to present his point of view. Given the level of public interest in the item, Mr Littlejohn, in his position, could reasonably expect the media’s scrutiny and the programme was unlikely to leave listeners with an unduly negative impression of him. Not Upheld: Balance, Fairness...

Decisions
Hickson and Radio New Zealand Ltd - 2023-041 (12 September 2023)
2023-041

The Authority has not upheld a complaint an interview on Midday Report with a transgender activist, who discussed whether Immigration New Zealand should allow Posie Parker to enter New Zealand, breached the accuracy, balance and fairness standards. The complainant considered: the host’s description of Parker as an ‘anti-trans activist,’ along with other comments made by the interviewee, were inaccurate; the host was biased; the interview was unbalanced as it did not include the perspective of a women’s rights activist; and that it was unfair to Parker and her supporters. The Authority did not uphold the concerns, finding the broadcast was materially accurate, was clearly approaching the topic from a particular perspective, and did not result in any unfairness. Not Upheld: Accuracy, Balance, Fairness...

Decisions
Prager and Radio New Zealand Ltd - 2020-033 (28 September 2020)
2020-033

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. . ....

Decisions
Barr and Radio New Zealand Ltd - 1998-016
1998-016

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-016 Dated the 26th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HUGH BARR of Wellington Broadcaster RADIO NEW ZEALAND LIMITED Members L M Loates R McLeod J Withers...

Decisions
Braddon-Parsons and Radio New Zealand Ltd - 2007-035
2007-035

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interviewee said “Jesus” and “for Christ’s sake” – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – words not used sensationally, or gratuitously repeated – fitted into the category of an exclamation of irritation or alarm – not upheld This headnote does not form part of the decision. Broadcast [1] An interview with Derek Fox, the editor of Mana Magazine and a commentator on Māori issues, was conducted on Radio New Zealand National’s Nine to Noon programme on the morning of Thursday 15 February 2007. Mr Fox spoke about Māori achievement levels in the education system. At various points in the interview, Mr Fox used the expressions “Jesus” and “for Christ’s sake”....

Decisions
Wilberg and Radio New Zealand Ltd - 2022-071 (1 May 2023)
2022-071

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...

Decisions
Keene and Radio New Zealand Ltd - 2023-052 (12 September 2023)
2023-052

The Authority has not upheld a complaint that it was inaccurate and unfair to describe WikiLeaks as a ‘hacktivist’ organisation during a RNZ news bulletin reporting on a rise in hacktivism, and how hacktivists often work together with cyber-criminal groups. The Authority found that the term being used to describe Wikileaks was not a material inaccuracy, given WikiLeaks’ role in the hacktivist ‘ecosystem’. The Authority further found the report was not unfair to WikiLeaks or its founder. Not Upheld: Accuracy, Fairness...

Decisions
McCracken and Radio New Zealand Ltd - 2022-099 (22 November 2022)
2022-099

The Authority has not upheld a complaint that it was a breach of broadcasting standards for an expert interviewee to suggest the anti-mask/anti-vaccination movement was behind bomb threats made to several New Zealand schools. The Authority found that while the issue of who was responsible constituted a controversial issue of public importance, the interview was clearly signalled as approaching the issue from a particular perspective, so the balance standard was not breached. It also found that anti-mask/anti-vaccination advocates are not groups to which the discrimination and denigration and fairness standards apply. Not Upheld: Discrimination and Denigration, Balance, Fairness...

Decisions
Jones and Radio New Zealand Ltd - 2021-139 (9 February 2022)
2021-139

The Authority has not upheld a complaint that an interview between host Kim Hill and John Tamihere, Chief Executive of Te Whānau o Waipareira Trust and the Whānau Ora Commissioning Agency, on Radio New Zealand’s Morning Report breached broadcasting standards. It found the interview did not threaten current norms of good taste and decency, noting that the robust nature of the interview was in line with audience expectations of RNZ and Hill. It also found the balance standard was not breached on the basis that Tamihere was given sufficient time to express his views and, given other media coverage, viewers could reasonably be expected to be aware of other perspectives regarding how to best increase Māori vaccination rates. It further found that Tamihere was not treated unfairly during the interview. Not Upheld: Good Taste and Decency, Balance and Fairness...

Decisions
Phillips and Radio New Zealand Ltd - 2005-033
2005-033

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....

Decisions
Gibson and Radio New Zealand Ltd - 2005-118
2005-118

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – dispute about whether the presenter used the word “lie” or “line” – the former allegedly offensiveFindingsPhrase used was “that is a desperate line” – not in breach of broadcasting standards – not upheldThis headnote does not form part of the decision. Broadcast [1] On National Radio on 9 September 2005 on the Nine to Noon programme, National Party deputy leader Gerry Brownlee said, referring to Radio New Zealand, “this is Radio Labour at its best”. [2] In response to this comment, the presenter said either “that is a desperate line” or “that is a desperate lie”. Complaint [3] Michael Gibson said that he had heard the presenter respond “that’s a lie”. He considered the presenter’s comment was damaging and offensive. He stated that it breached “at least one” of the broadcasting standards....

Decisions
Hastwell and Radio New Zealand Ltd - 2004-198
2004-198

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....

Decisions
Ellis and Radio New Zealand Ltd - 2023-083 (29 November 2023)
2023-083

The Authority has not upheld a complaint that comments made by a political panellist on Nine to Noon, including that National Party public meetings were ‘full of angry racists saying angry racist things’ breached broadcasting standards. While the Authority acknowledged the statement was inflammatory, it found the statements were hyperbole and political comment and opinion, and they were challenged immediately by another panellist – meaning listeners were unlikely to be misled, and given sufficient viewpoints to form their own opinions. Not Upheld: Accuracy, Balance...

Decisions
Mochnacki and Radio New Zealand Ltd - 2022-008 (16 February 2022)
2022-008

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

Decisions
Low and Radio New Zealand Ltd - 1994-080
1994-080

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 80/94 Dated the 19th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D. LOW of Kaeo Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Minister of Housing (Hon Murray McCully) and Radio New Zealand Ltd - 1995-153
1995-153

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 153/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

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