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Summary[This summary does not form part of the decision. ]An item on Morning Report featured an interview with the manager of teacher practice at the Education Council. The interview discussed the Council’s drug testing of teachers and its ‘zero tolerance’ approach to cannabis use, and referred to a recent finding of misconduct against a New Zealand teacher who refused to undergo a drug test. The Authority did not uphold a complaint that the item ‘pushed’ marijuana use by teachers. The item did not promote the use of illegal drugs or condone the behaviour of the teacher referred to. Rather, it offered a robust examination of the Council’s methods of drug testing teachers and its ‘zero tolerance’ approach to cannabis use. In this context the item did not encourage listeners to use illegal drugs or otherwise undermine law and order....

The Authority has not upheld a complaint about an item on Morning Report, which discussed efforts to increase diversity in local government bodies. The complainant considered the comment ‘pale, male and stale’ made during the broadcast was derogatory towards older white men, and breached the discrimination and denigration standard. The Authority found the comments did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-047 Decision No: 1996-048 Decision No: 1996-049 Dated the 22nd day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LEN MCKENNA of Kaitaia Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary[This summary does not form part of the decision. ]Morning Report featured an interview with assisted dying campaigner Matt Vickers about recent legislative changes to permit physician-assisted dying in California and the desirability of law reform in New Zealand. The Authority did not uphold a complaint that the interview was unbalanced and inaccurate because it allegedly advocated assisted dying and did not include alternative views on the issue. Both the interviewer and interviewee acknowledged different perspectives on assisted dying and listeners could reasonably be expected to be aware of significant viewpoints on the issue. Not Upheld: Controversial Issues, AccuracyIntroduction[1] Morning Report featured an interview with Matt Vickers, an assisted dying campaigner and the husband of the late Lecretia Seales, about recent legislative changes to permit physician-assisted dying in California and the desirability of law reform in New Zealand....

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...

The Authority has not upheld an accuracy complaint about a statement by RNZ’s Morning Report host, ‘Māori have a clearly proven proprietary right over water… the Supreme Court has acknowledged that’, during an interview regarding the National Party’s Local Water Done Well policy. The complaint alleged there was no case in which the Supreme Court had made such a statement. The Authority found the statement was not materially inaccurate or misleading in the context of the broader discussion: most audience members would not have interpreted the statement in a strictly legal sense or appreciated the technical legal distinctions drawn in the complaint. The key point being made by the host was that National would need to ensure Māori interests in water were adequately dealt with – or risk facing further litigation – since its policy removed co-governance as a feature. Not Upheld: Accuracy...

The Authority has not upheld a direct privacy complaint about an interview on Morning Report following the stabbing of an Auckland dairy worker. The interviewee (the local Neighbourhood Support Coordinator) speculated about who the victim could be and gave information about the living arrangements of the family who operated the dairy. The Authority did not find any breach of the privacy standard in relation to the victim’s family, on the basis the information disclosed did not attract a reasonable expectation of privacy. It noted in any event that the identity of the victim was officially confirmed soon after, and reporting on the circumstances surrounding the stabbing carried high public interest. Not Upheld: Privacy...

The Authority has made the following directions in respect of the Waikato District Health Board’s referral: declined to accept the two affidavits submitted as part of the WDHB’s complaint invited the WDHB to provide alternative evidence to support its complaint referral, with reference to the formats outlined at paragraph [8] by 24 January 2022 asked RNZ to identify information it wishes to rely on by 24 January 2022, and the WDHB to provide confirmation as to whether such information is in dispute or can be accepted as correct within a further 10 working days invited any further comment from the parties regarding the management of these issues by 24 January 2022....

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....

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...

The Authority has not upheld a complaint about an item on Morning Report which briefly discussed soil contamination at, and the possible repurposing of, a chemical plant site in Paritutu, New Plymouth. The complainant, an interviewee on the broadcast, argued the item misrepresented likely contamination levels by citing test results from outside of the plant site, and through a comment that the site was cleaner than that at Mapua. The Authority found the statements complained about either were not materially inaccurate, or were clearly distinguishable as opinion, to which the requirement for factual accuracy does not apply. The broadcast was unlikely to mislead listeners. The balance and fairness standards either did not apply or were not breached. Not Upheld: Accuracy, Balance, Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-047 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALAN LUCY of Havelock North Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – item about industrial action by Progressive Enterprises and potential involvement of Maritime Union – host interviewed Maritime Union general secretary – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – statement complained about was peripheral to the controversial issue of public importance under discussion – host not required to challenge every statement made by an interviewee – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld This headnote does not form part of the decision. Broadcast [1] On 8 September 2006 at 7. 51am, an item on Morning Report discussed the lockout imposed by Progressive Enterprises against striking members of the National Distribution Union (NDU). Progressive held approximately 45% of the New Zealand grocery market and operated the Foodtown, Woolworths and Countdown supermarket groups....

ComplaintMorning Report – British newspaper reviews – left wing bias – unbalancedFindingsNo issues of broadcasting standards raised – decline to determine under s. 11(b) of the Broadcasting Act This headnote does not form part of the decision. Summary During Morning Report broadcast daily on weekdays between 6. 00–9. 00am on National Radio, some selected overseas newspapers are reviewed. During the period 4 to 28 July 2000, The Guardian, The Daily Telegraph and The Times were reviewed. Mr G C C Meikle complained to Radio New Zealand Ltd, the broadcaster, that its coverage of the British dailies lacked balance. He noted that considerably more reference had been given to The Guardian than to either The Daily Telegraph or The Times. In his view there was no justification for the bias he believed was demonstrated in favour of The Guardian....

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 did not uphold a complaint that an interview with Hon Paul Goldsmith on Morning Report breached the balance and fairness standards. As the complaint did not specify a particular ‘controversial issue of public importance’ the balance standard did not apply. The Authority highlighted the value of robust political discourse and the vital role of media in encouraging and engaging in such discourse. Considering the nature of the programme and contextual factors, including the significant public interest in the interview and Mr Goldsmith’s experience in dealing with the media, the Authority did not find Mr Dann’s interview approach to be unfair. Not Upheld: Balance, Fairness...

A complaint that segments on Morning Report which discussed the abortion legislative reform process were unbalanced was not upheld. First, the Authority found the complaint amounted to a ‘formal complaint’ for the purposes of the Broadcasting Act 1989. However the Authority found the items did not breach the balance standard as they clearly approached the topic of abortion legislative reform from a particular perspective and that listeners could reasonably be expected to have a level of awareness of significant arguments in the debate. Not Upheld: Balance...

A number of news bulletins on Morning Report reported findings from fact-checking group First Draft about political spending on Facebook advertising in the lead-up to the 2020 General Election and referendums. Two complaints alleged the bulletins inaccurately reported pro-cannabis group Make It Legal NZ had misleading ads removed from Facebook. The Authority did not uphold the complaints, finding although the morning bulletins were misleading and the broadcaster did not make reasonable efforts to ensure the accuracy of those reports, a later news bulletin during Midday Report was sufficient to clarify and correct the misleading impression created earlier. The Authority also found Make It Legal was not treated unfairly, as it is a lobby group that could reasonably expect a level of public scrutiny, and it was given a fair and reasonable opportunity to respond to the morning news items.   Not Upheld: Accuracy, Fairness...