BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

[This summary does not form part of the decision.] 

The Authority has declined to determine a complaint that 1News’ ANZAC Day bulletin, which included coverage of Māori soldiers, the 28^th Māori Battalion and a pre-recorded story by 1News’ Māori Affairs Correspondent, breached the discrimination and denigration, balance and fairness standards. The Authority considered the relevant content appropriate to the context of the broadcast, which marked the first ANZAC Day without a surviving member of the 28^th Māori Battalion. It also found the complaint reflected the complainant’s own personal preferences on a matter for the broadcaster’s editorial discretion and did not raise any issues of broadcasting standards that warranted determination.

Declined to determine (section 11(b), Broadcasting Act 1989 – in all the circumstances of the complaint, it should not be determined): Discrimination and Denigration, Balance, Fairness

The broadcast

[1]  1News’ ANZAC Day 2025 bulletin, presented live from the Auckland War Memorial Museum, marked the 110^th anniversary of the Gallipoli landings with nationwide and international coverage including: footage of commemorations in Rotorua, New Plymouth, Queenstown and Antarctica; a live cross with 1News’ Europe Correspondent; footage from Anzac Cove in Turkey where Rt Hon Christopher Luxon PM, wearing his great-grandfather’s First World War medals, spoke to a record crowd; and vox pops from attendees at the Auckland service and New Zealanders at the ceremony in Turkey.

[2]  Approximately eight–and–a–half minutes into the bulletin, the 1News Presenter noted this year’s commemoration was the first with no surviving members of the Māori Battalion following the death of Tā Robert “Bom” Gillies in 2024. A pre-recorded item followed from 1News’ Māori Affairs Correspondent, whose late kōro/great-grandfather was a member of the Battalion’s ‘B’ Company in which Tā “Bom” Gillies also served. The item highlighted efforts to honour the legacy of Battalion members through new waiata, museum projects and community remembrance.

The complaint

[3]  Anthony Brennan complained the broadcast breached the discrimination and denigration, balance and fairness standards of the Code of Broadcasting Standards in New Zealand through its ‘disproportionate’ focus on Māori soldiers. Brennan said:

a)  The programme ‘never mentioned the race of any of the other thousands’ of ANZACs. This emphasis on one ethnic group resulted in ‘discrimination against [non-Māori]’ and was out of proportion when comparing the number of Māori with the total number of ANZACs.

b)  ‘The programme did not foster a community commitment to equality. It sought to raise M[ā]ori above other races.’

c)  The complainant noted, ‘to top it all off’, the Māori Affairs Reporter was used to wind the programme up, having ‘another go on a racial basis’.

d)  The complainant said he was ‘not being critical’ of Māori soldiers who ‘were and are magnificent soldiers’, but ‘one race of people should never be favoured at the expense of other races’.

[4]  On referral to the Authority, the complainant also sought to raise the accuracy standard (standard 6). Pursuant to section 8(1B) of the Broadcasting Act 1989, we are only able to consider the complaint under the standard raised in the original complaint to the broadcaster. The wording of the original complaint cannot reasonably be interpreted as alleging any specific factual inaccuracy. Accordingly, the accuracy standard is outside the scope of our deliberations.

The broadcaster’s response

[5]  Television New Zealand Ltd (TVNZ) did not uphold the complaint for the following reasons:

a)  The item commemorated ANZAC Day by reflecting a range of perspectives from those attending events in New Zealand and abroad, including those of Māori.

b)  Coverage was dedicated to remembrance of the 28^th Māori Battalion as this was the first ANZAC Day without any surviving member of that Battalion, following the death of Sir Robert Gillies in November 2024.

c)  None of the standards raised by the complainant were breached because:

i)  the focus on Māori perspectives did not amount to discrimination and denigration against non-Māori

ii)  the item was commemorative rather than a controversial issue of public importance requiring the presentation of differing views, so the balance standard did not apply

iii)  the complaint did not identify any individual or organisation treated unfairly.

Outcome: Decline to determine

[6]  Section 11(b) of the Broadcasting Act 1989 authorises the Authority to decline to determine a complaint if it considers that, in all the circumstances of the complaint, it should not be determined by the Authority.

[7]  The Authority considers it appropriate to exercise its s 11(b) discretion in this case, on the following grounds:

a) The relevant ANZAC Day segment lasted approximately 11 minutes, with just over two minutes devoted to the Māori Battalion’s history and contribution to the Second World War.

b)  The relevant content was entirely appropriate to the context of the broadcast, which, as highlighted by the broadcaster, marked the first ANZAC Day without a surviving member of the 28^th Māori Battalion. We note:

i)  The Māori Battalion, including Tā Robert “Bom” Gillies, was widely recognised for its contributions to Aotearoa’s efforts in the Second World War.¹

ii)  Tā Robert “Bom” Gillies’ war–time record, together with his post–war advocacy and service, made him a respected figure among all New Zealanders.²

iii)  It was not ‘having another go on a racial basis’ for the Māori Affairs’ correspondent to share her family’s’ connection to the 28^th Māori Battalion.

iv)  The depiction of one group’s experience does not threaten ‘equality’ or ‘favour’ that group over others.

[8]  The complainant’s objection to such content reflects his own personal preferences on a matter for the broadcaster’s editorial discretion. His concerns do not raise issues capable of being resolved by a complaints procedure.³

[9]  Presenting news stories from a Māori perspective, by a Māori Affairs Correspondent, or featuring Māori interviewees does not raise any issues of broadcasting standards that warrant determination by this Authority.

For the above reasons the Authority declines to determine the complaint under section 11(b) of the Broadcasting Act 1989. 

Signed for and on behalf of the Authority

Susie Staley
Chair
3 September 2025    

Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1  Brennan’s original complaint – 28 April 2025

2  TVNZ’s decision – 23 May 2025

3  Brennan’s referral to the Authority – 16 June 2025

4  TVNZ’s response to the referral – 30 June 2025

5   TVNZ’s confirmation of no further comments – 4 July 2025

¹ 28th Māori Battalion Association and Manatū Taonga “After the War” <28maoribattalion.org.nz>; New Zealand History | Nga korero a ipurangi o Aotearoa “Māori Battalion and the Second World War” <nzhistory.govt.nz>
² "Sir Robert Gillies: The last surviving member of the Māori Battalion has died" RNZ (online ed, 7 November 2024); Kelly Makiha "Sir Robert Gillies: Rotorua tangi of 28 Māori Battalion veteran expected to bring many mourners" Rotorua Daily Post (online ed, 8 November 2024)
³ Broadcasting Act 1989, s 5(c)