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An appeal against this decision was dismissed in the High Court: CIV 2008-485-1465 PDF165. 64 KBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview with legal commentator about the Ministry of Justice’s review of the Domestic Violence Act 1995 – referred to women when talking about the victims and men when discussing the abusers – allegedly unbalancedFindings Principle 4 (balance) – not necessary to expressly acknowledge that men could be the victims of domestic violence – not upheldThis headnote does not form part of the decision. Broadcast[1] An item broadcast during Nine to Noon on Radio New Zealand National on 27 February 2008 featured an interview with a legal commentator, Catriona McLennan. Ms McLennan discussed a review, published by the Ministry of Justice, of implementation aspects of New Zealand’s Domestic Violence Act 1995....

INTERLOCUTORY DECISION Complaint under section 8(1)(a) of the Broadcasting Act 1989Interlocutory application for disclosure of additional material – broadcast of allegations by an anonymous interviewee on Nine to NoonDecision on interlocutory applicationRequest for production of field tape – already offered by broadcaster – decline to determineRequest for disclosure of interviewee’s name – not required in order for Authority to determine complaints – declinedRequest for production of all relevant pre-broadcast records and documents, and emails received after the broadcast – not required in order for Authority to determine complaints – declinedThis headnote does not form part of the decision. Factual Background[1] On 12 May 2005, under the protection of parliamentary privilege, National and Act Members of Parliament accused then Associate Minister of Education, the Hon David Benson-Pope, of bullying students while he was teaching at Dunedin’s Bayfield High School in the 1980s. [2] Mr Benson-Pope categorically denied the allegations....

Summary [This summary does not form part of the decision. ]A media commentator on Nine to Noon made comments about the retirement of the editor of the Southland Times. The Authority declined to determine the complaint that the editor was ‘erroneously described… in glowing terms’. The complainant’s concerns about the way the editor was portrayed are matters of personal preference and editorial discretion, not broadcasting standards. The item clearly comprised personal opinion and did not require the presentation of other views. Declined to determine: Controversial IssuesIntroduction[1] During a discussion with a media commentator on Nine to Noon, comments were made about the retirement of the editor of the Southland Times. The programme was broadcast on 17 December 2013 on Radio New Zealand National....

ComplaintNine to Noon – host read out email critical of Whanau series – host highlighted grammatical and typographical errors in email – breach of right of individuals to express own opinions – breach of requirement to deal justly and fairly with person referred to in programme – failure to show impartiality on question of a controversial nature FindingsPrinciple 4 – host presented email correspondent's point of view – no uphold Guideline 4a to Principle 4 – host presented correspondent's opinion – no uphold Principle 5 – correspondent not treated unjustly or unfairly – no upholdThis headnote does not form part of the decision. Summary [1] During the Nine to Noon programme broadcast on National Radio on 14 August 2001, the host read out a number of responses received from listeners via phone, fax or email....

Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured an interview with RNZ’s US Correspondent regarding recent political events in the United States, including a brief discussion of the controversy surrounding the Democratic National Party and the release of American political strategist and campaign manager Donna Brazile’s book, Hacks. The Authority did not uphold a complaint that this discussion was unbalanced and misleading. The Authority noted the purpose of the item was to hear the views and analysis of RNZ’s US Correspondent on recent political events and news in the US, a small part of which referred to Ms Brazile’s book. The segment did not purport to be an in-depth examination of Ms Brazile’s book or the controversy surrounding the Democratic National Committee (DNC) Primary Election....

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....

The Authority has declined to determine a complaint that a broadcast covering the name change of an investment and advisory group from ‘First NZ Capital’ to ‘Jarden’ was inaccurate finding that the complaint was frivolous, trivial and vexatious. The Authority ordered the complainant to pay a reasonable portion of costs to the broadcaster to compensate for the time and resources spent in dealing with the complaint. Declined to Determine: Accuracy Order: Section 16(2)(a) – $200 costs to the broadcaster...

ComplaintNational Radio – Nine to Noon – commentary about dispute among board members of NZ Post – accountability of SOEs – lack of balance FindingsPrinciple 4 – accountability of SOE boards a controversial issue – authoritative and expert opinion – no uphold CommentOpportunity to rebut and question news and current affairs to ensure balance outlined in Guideline 4b applies to talkback – it does not apply to items balanced in themselves or balanced within the current period of interest This headnote does not form part of the decision. Summary The accountability of board members of a State Owned Enterprise was the topic addressed by Sir Geoffrey Palmer in his weekly segment on Nine to Noon. The broadcast complained about was on National Radio on 10 July 2001 at 11. 45am....

Summary[This summary does not form part of the decision. ]Radio New Zealand’s Nine to Noon bulletin included two segments titled ‘What do schools need to do to protect against fraud? ’ and ‘Top tips for global investment’. Mr Golden lodged a complaint with RNZ alleging that the segments breached broadcasting standards. RNZ did not accept Mr Golden’s correspondence as a formal complaint on the basis it related to matters of personal preference which are not covered by the broadcasting standards regime. The Authority considered whether it had jurisdiction to accept Mr Golden’s referral of the matter to the BSA. It found it was open to RNZ to find that Mr Golden’s correspondence did not raise matters of broadcasting standards which triggered the formal complaints process....

The Authority found it had no jurisdiction to determine a complaint about a segment on Nine to Noon because the complaint did not explicitly or implicitly identify any broadcasting standards breached by the broadcast. Declined Jurisdiction...

Summary[This summary does not form part of the decision. ]A segment on Nine to Noon featured an interview with Massey Professor Paul Spoonley, titled ‘The changing face of NZ’. The interview discussed increasing diversity in New Zealand and projections for population growth, as suggested by recent data released by Statistics New Zealand. During the interview, presenter Kathryn Ryan commented, ‘it’s also in some ways the argument for immigration, isn’t it, because you’re going to need workers, you’re going to need tax payers, especially as that baby boomer demographic retires, we know there’s some big issues coming up there’. The Authority did not uphold a complaint that this comment breached the accuracy standard, finding the comment was not a statement of fact to which the standard applied, and it would not have materially affected the audience’s understanding of the interview as a whole....

Summary The television reviewer on RNZ’s Nine to Noon programme, Tom Frewen, stated that TVNZ "now feels" that it need not carry the leaders’ opening and closing addresses for the elections, and stated "That’s how far it’s moved away from the idea of public broadcasting". The review was broadcast was on 24 March 1999. Television New Zealand Ltd complained to Radio New Zealand Ltd, the broadcaster, that the statement was wrong, and misrepresented TVNZ’s position as had been advanced in its submissions to the Electoral Law Select Committee made on 17 March. It sought an apology. Referring to the context of the comment, RNZ stated that the comment was neither untruthful nor inaccurate. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, TVNZ referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority upholds the complaint....

Complaint Nine to Noon – interview with Dr Brian Edwards – broadcast did not distinguish between fact and opinion – RNZ’s editorial integrity and independence challenged FindingsPrinciple 6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary An interview by presenter Kim Hill of Dr Brian Edwards was broadcast on Nine to Noon on National Radio on 18 February 2000. Simon Boyce complained to Radio New Zealand Ltd, that the broadcast did not distinguish clearly between fact and opinion and that RNZ had not ensured that editorial independence and integrity had been maintained. He contended that the interviewer had been involved in the negotiations about Dr Edwards’ programme, and had commented on whether Dr Edwards’ political role was compatible with his job as radio presenter....

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”....

Summary[This summary does not form part of the decision. ]Allan Golden complained about two segments broadcast on RNZ’s Morning Report and Nine to Noon programmes. The Authority declined jurisdiction to accept and consider the complaints. The Authority found it was open to the broadcaster to not accept these as valid formal complaints, on the grounds the complaints were based on the complainant’s own opinions of what the broadcasts should include, rather than raising issues of broadcasting standards. Declined Jurisdiction  Introduction[1] Allan Golden lodged two separate complaints with RNZ National about an item broadcast during Morning Report on 20 November 2017, and an item broadcast during Nine to Noon on 2 November 2017....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon (x2), Today in Parliament, Saturday Morning with Kim Hill, Morning Report – each used the term “front bums” – allegedly offensive – the word “bloody” used once – allegedly offensiveFindingsPrinciple 1 (good taste and decency) – “front bums” – novel phrase – mildly vulgar – “bloody” – mild expletive – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The Hon John Tamihere MP, a cabinet minister at the time, used the phrase “front bums” to describe women in a magazine interview. The phrase was later used on National Radio on Nine to Noon broadcast on 12 and 14 April 2005, on Today in Parliament at 6. 35pm on 12 April, and on Saturday Morning with Kim Hill at 9. 05am on 16 April....