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Decisions
Benge and NZME Radio Ltd - 2022-013 (11 April 2022)
2022-013

The Authority has not upheld a complaint about an interview on talkback radio show, Kerre McIvor Mornings, in which host Kerre McIvor criticised a caller for their position on the Government’s COVID-19 response saying ‘I want to be angry with you, but I just feel sorry for you, that you need a government to look after you. You sad pathetic creature. ’ The Authority found the caller was given a fair and reasonable opportunity to put forward their views, and McIvor’s comments, while seen as disrespectful by some listeners, did not reach the level necessary to constitute unfair treatment. The balance standard did not apply. Not Upheld: Fairness, Balance...

Decisions
Black and The Radio Network Ltd - 1999-003
1999-003

Summary In the context of a discussion about the re-appointment of the All Black coach, the host of the breakfast show on Radio Sport broadcast by TRN on 15 September 1998 reported that the previous evening he had overheard John Hart in conversation with his wife in a public place saying something like "I thought Ross was supposed to be on my side". Mr Black complained to The Radio Network Ltd, the broadcaster, that it was unethical to report a private conversation, and a breach of Mr Hart’s privacy. TRN responded by noting that the host just happened to be in Mr Hart’s vicinity and overheard the conversation. It emphasised that the host would in no circumstances have engaged in any unethical action to Mr Hart’s detriment....

Decisions
Loder and NZME Radio Ltd - 2019-006 (20 May 2019)
2019-006

The Authority has not upheld a complaint that an interview broadcast on Newstalk ZB in December 2018, regarding a proposed Police seizure of military style semi-automatic weapons, was unbalanced and inaccurate. The Authority first found that a valid formal complaint had been lodged with the broadcaster (which was required before the complaint could be referred to the Authority), as sufficient information was provided by the complainant for the correct broadcast to be identified and for the broadcaster to respond to the issues raised. The Authority then determined the complaint, finding that balancing perspectives on the issue of Police seizure were presented during news items prior to and following the interview....

Decisions
Communities Against Alcohol Harm and NZME Radio Ltd - 2024-026 (2 September 2024)
2024-026

The Authority has upheld a complaint that action taken by NZME in response to a breach of the promotion of illegal or antisocial behaviour standard during a segment of Fletch, Vaughan and Hayley on ZM was insufficient. The Authority agreed that the item, which discussed searching for the cheapest alcohol with the highest alcohol by volume (ABV), amounted to alcohol promotion that was socially irresponsible. While the broadcaster upheld the complaint, removed the relevant segment from their online podcast and counselled the content directors and hosts of ZM on their obligations around alcohol promotion, the Authority found this was insufficient to remedy the harm caused by the broadcast – noting, in particular, there had not yet been any public acknowledgement of the breach for the audience. Upheld: Promotion of Illegal or Antisocial Behaviour (Action Taken) Order: Section 13(1)(a) – broadcast statement ...

Decisions
Singh and NZME Radio Ltd - 2024-089 (12 February 2025)
2024-089

The Authority has not upheld a complaint about comments made by the presenter of Heather du Plessis-Allan Drive regarding a suggestion by a representative of The New Zealand Initiative that New Zealand’s car seat regulations should be relaxed to increase birth rates (with reference to a United States study, ‘Car Seats as Contraception’). The presenter said, ‘And here’s the really challenging thing. Car seat regulations, they reckon might save about 60 children from dying in car crashes in a year across the [United] States, but they stop 8,000 families from having babies. So, you save 60, but you don’t have another 8,000. Maybe you’re better off having the 8,000 and losing the 60 – hey, I said it was going to challenge you. ’ The complaint was that the presenter’s tone and comment was ‘appalling’ and suggested ‘losing 60 kids was not a bad deal’....

Decisions
Chan and NZME Radio Ltd - 2024-044 (24 July 2024)
2024-044

The Authority has not upheld a complaint about a comment made on Newstalk ZB referring to the delays that would result while ‘people are in there determining whether they’re transgender or not’ if the census was to be combined with voting. The complainant argued the comment was condescending and derisive of transgender people and that reference to the question on gender identity was irrelevant to the point the host was making. While recognising the comments may be offensive to some people, in the context they did not meet the high threshold required to constitute a breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
Smith and The Radio Network - 2011-089
2011-089

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Breakfast Show – host joked “Who wants to stick their finger up Dean’s arse? ” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – humour used to convey important message about men’s health to target audience – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During The Breakfast Show, broadcast on Radio Hauraki between 6am and 9am on Tuesday 14 June 2011, one of the hosts Dean stated, “Alright, so the call is going to go out this morning for a doctor for Men’s Health Week”, and his co-host Nick joked, “Who wants to stick their finger up Dean’s arse?...

Decisions
Tawfik and New Zealand Media and Entertainment - 2015-067
2015-067

Summary [This summary does not form part of the decision. ]During his talkback show, host Leighton Smith in a conversation with a caller about the impact of cultural and religious beliefs on others, asked, ‘How do you think the Muslims will fit into that? ’ He then repeated the question as, ‘How do you think the beheaders will fit into that? ’ The Authority did not uphold a complaint that this promoted anti-Islamic sentiment and was extremely offensive. While the comment was objectionable, it was relatively brief and not repeated, and did not reach the high threshold necessary to constitute hate speech or encourage discrimination or denigration. Mr Smith was also apparently questioned about the comment by the programme producer and he attempted to explain what he meant....

Decisions
Johnson and NZME Radio Ltd - 2022-143 (7 March 2023)
2022-143

The Authority has not upheld a complaint concerning comments by the host of Newstalk ZB’s Overnight Talk responding to a listener’s question about what you should/should not include on your CV. The complainant considered the host’s references to ‘neo-Nazi dress-up parties’ and being a fan of the Ku Klux Klan as examples of ‘things you wouldn’t want to put on your CV’ were offensive and ‘almost glorifying’ of Nazis. The Authority did not consider the comments glorified Nazis, and found in the context the comments did not seriously threaten community standards of taste and decency and would not have disproportionately offended the audience. Not Upheld: Offensive and Disturbing Content...

Decisions
Clarke and NZME Radio Ltd - 2021-120 (1 December 2021)
2021-120

The Authority has not upheld a complaint about comments by Kate Hawkesby regarding Director-General of Health Dr Ashley Bloomfield. Hawkesby made several comments about Dr Bloomfield, alleging he has underperformed in the response to the COVID-19 pandemic. The Authority found the fairness standard was not breached as the comments were distinguishable as the opinion of the presenter and they did not result in Dr Bloomfield being treated unfairly. Given Dr Bloomfield’s high-profile position, he can reasonably expect to be the subject of robust commentary. Not Upheld: Fairness  ...

Decisions
East and NZME Radio Ltd - 2023-088 (14 September 2023)
2023-088

The Authority has not upheld a complaint concerning an election programme for the National Party. The complainant considered the programme misled the public by giving ‘the impression’ the National Party’s policies would support public services, which was in ‘direct contradiction to their proposed policies’. The Authority considered listeners would have understood the programme as a typical advertisement for the Party, encouraging the public to vote for National. By their nature, such programmes are not factual and are often hyperbolic vehicles for advocacy. Further, it is not the Authority’s role to analyse the likely implications of any Party’s policies (which are not quantified promises, guarantees, or statements of fact), and listeners are able to form their own views about any given policy with reference to the broad range of available media coverage and other publicly available information. Not Upheld: Election Programme Advocacy – Distinguishing Factual Information from Opinion or Advocacy...

Decisions
Lane and NZME Radio Ltd - 2024-033 (26 June 2024)
2024-033

The Authority has not upheld a complaint about a comment made on Mike Hosking Breakfast referring to the use of te reo Māori names for government departments as the ‘Māorification of this country’. The complainant argued that the comment implied it was a bad thing to be Māori. While recognising the comments may be offensive to some people, in the context they did not meet the high threshold required to constitute a breach of the standards. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration...

Decisions
Kern and NZME Radio Ltd - 2022-115 (30 January 2023)
2022-115

The Authority has not upheld a complaint about a segment during Days with Lorna Subrtizky on Coast FM discussing Sylvester Stallone’s recent divorce. As part of the segment, the host joked, ‘When he was interviewed about it, Sly Stallone had this to say…’ and played a clip of Stallone garbling unintelligibly, with only the word ‘Rocky’ able to be made out. The complainant considered this to be a cruel and insensitive joke which made fun of Stallone’s (and by implication, others’) disability affecting his speech, in breach of the discrimination and denigration standard. The Authority found the joke was directed only at Stallone as an individual, and did not extend to a section of the community as required under the standard. In any event, the broadcast would not have reached the threshold required for finding a breach.   Not Upheld: Discrimination and Denigration...

Decisions
Foreman and The Radio Network Ltd - 2009-158
2009-158

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Sport Farming Show – host referred to man as a “pommy git” – allegedly in breach of good taste and decency, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – word “pommy” unlikely to offend, insult or intimidate – expression “pommy git” not derogatory – not upheld This headnote does not form part of the decision. Broadcast [1] During a brief interview on the Radio Sport Farming Show, broadcast at 6. 50am on Saturday 31 October 2009, the host asked the interviewee: Don, should the New Zealand farmers be fearing a bloke, a pommy git by the name of Lord Steyn? [2] The interviewee explained that Lord Johan Steyn had been advocating vegetarianism and the discontinuance of farming livestock as methods to battle greenhouse gas emissions....

Decisions
Watson and NZME Radio Ltd - 2016-085 (15 December 2016)
2016-085

Summary[This summary does not form part of the decision. ]During Kerre McIvor & Mark Dye Afternoons, the hosts had a conversation about tipping in the United States. They discussed a story told by a talkback caller, who said that a church published a Bible pamphlet to be used instead of a monetary tip. One host, who appeared to be reading from the pamphlet, said, ‘Some things are better than money, like your eternal salvation that was bought and paid for by Jesus,’ to which the other host responded by making a vomiting sound. The Authority did not uphold a complaint that the vomiting sound made by the host was offensive to Christians and all those who hold religious beliefs. The Authority acknowledged that the host’s reaction would have caused offence to some listeners....

Decisions
Findlay and NZME Radio Ltd - 2020-038 (28 September 2020)
2020-038

The Authority has not upheld a complaint that a station identity promo for Newstalk ZB news, which listed the names of the station’s flagship presenters followed by the tagline, ‘all the names you can trust’, breached the accuracy standard. The Authority found the accuracy standard did not apply, as this was clearly a piece of station branding or marketing (rather than a news, current affairs or factual programme) and the tagline was clearly promotional, rather than making a statement of fact. Not Upheld: Accuracy...

Decisions
Collie and NZME Radio Ltd - 2021-008 (15 July 2021)
2021-008

During Mike Hosking Breakfast on Newstalk ZB, Mike Yardley (standing in for Mr Hosking) briefly mentioned the flouting of COVID-19 rules by two named Sky News UK journalists and stated: ‘veteran journalist Adam Boulton is also involved in this’. The Authority did not uphold a complaint the broadcast breached the accuracy standard by misleading listeners to believe Mr Boulton was one of those who flouted the rules. The Authority acknowledged that, without further clarification, the broadcast may have created that impression. However in all the circumstances the potential harm in a New Zealand broadcasting context was not at a level justifying regulatory intervention. Not Upheld: Accuracy...

Decisions
Communities Against Alcohol Harm and NZME Radio Ltd - 2025-058 (19 November 2025)
2025-058

The Authority has not upheld a complaint about comments, during an interview on The Huddle, distinguishing alcohol from tobacco in relation to the need for cancer warning labels. The Authority found the comments amounted to opinion to which the accuracy standard does not apply and, in the context, the audience was unlikely to be misled. The Authority identified no harm sufficient to justify its intervention. Not Upheld: Accuracy...

Decisions
Newlove and NZME Radio Ltd - 2019-052 (10 October 2019)
2019-052

The Authority has not upheld a complaint that a radio host’s description of a rugby match between the Blues and the Crusaders as ‘a battle of good versus evil’ breached broadcasting standards. The Authority found that the comment was used to describe a competitive sporting rivalry between the Blues and the Crusaders and in context it was not likely to cause undue distress or harm. The Authority determined that the comment was not unfair to the Crusaders as it was a general comment about the nature of the match, and that there was no identified section of the community for the purposes of the discrimination and denigration standard. The Authority also emphasised the importance of freedom of expression and the value of hearing the authentic New Zealand voice. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration...

Decisions
Grant and NZME Radio Ltd - 2024-061 (24 October 2024)
2024-061

The Authority has not upheld a complaint about a ‘crude’ and ‘insulting’ remark made on Heather du Plessis-Allan Drive. The host asked whether Dr Ashley Bloomfield’s ‘sphincter just [tightened]’ to indicate her belief that Dr Bloomfield might be concerned about the results of the Royal Commission of Inquiry into COVID-19 Lessons Learned. The Authority found the host’s comment was unlikely to disproportionately offend or disturb the audience. The threshold for finding a breach of the fairness standard is higher in relation to public figures, and the remark did not meet this threshold. The remaining standards did not apply. Not Upheld: Offensive and Disturbing Content, Fairness, Discrimination and Denigration, Balance...

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