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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-088 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HOUSING (Hon Murray McCully) Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintMorning Report – item about industrial accidents in timber mill – interviewer questioned union representative aggressively while appearing cordial with owner’s representative – unfair Complaint News Item – later news item included owner’s view only – unbalanced FindingsPrinciple 4; Principle 5 and Guidelines 5b and 5c – interviewer’s approach to each spokesperson similar – no uphold News item at 7. 30am balanced by item within period of current interest at 8. 00am – no uphold This headnote does not form part of the decision. Summary [1] A recent industrial accident at a timber mill, and the company’s accident record, were dealt with in an item during Morning Report broadcast on National Radio at about 7. 25am on 17 April 2003. The item included interviews with representatives from the union and the company. The discussion was referred to in an item during the news bulletin broadcast at 7. 30am....

SummaryIn an item on Morning Report broadcast on 12 August at 7. 28am, the presenter suggested to an investment advisor, when he was interviewed about the possible sale of the Wellington Airport, that potential buyers would "have to be blind" to think the sale was not a political minefield. Mr Mosen complained to Radio New Zealand Ltd that he, as a blind person, found the comment highly offensive, as it equated blindness with stupidity. He maintained that it was distressing and unhelpful to have ignorant and inaccurate perceptions about blindness reflected by a current affairs presenter. He sought an apology. RNZ defended the use of the phrase which it asserted was used in a colloquial sense and also a metaphorical sense, and maintained that the meaning of the figurative use was perfectly clear....

Summary[This summary does not form part of the decision. ]In its Morning Report programme RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. The Authority declined to determine a complaint about this scheduling change, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards. Declined to Determine: Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] In its Morning Report programme, RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. [2] John Malcolm complained that this change ‘discriminate[d] against those of us in provincial [New Zealand] who need to be abreast of Māori and rural issues’, because rural New Zealanders listen to the radio at a much earlier time of day and will not necessarily be able to listen to the full Morning Report programme....

Download a PDF of Decision No. 1992-010:Odinot and Radio New Zealand Ltd - 1992-010 PDF426. 74 KB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – interview with complainant about a possible ban on pseudoephedrine – followed by interview with a GP – interviewer told GP that complainant had suggested that over-the-counter pharmaceuticals containing pseudoephedrine were not the main source of supply for makers of “P” – similar statement made in News item broadcast after the interview – interviewer’s comment and News item allegedly misrepresented Minister’s comments – allegedly unbalanced and inaccurateFindings Principle 4 (balance) – different views expressed – not upheld Principle 6 (accuracy) – Minister’s comment accepted as implication initially – later broadcast as fact – inaccurate – upheldNo Order This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ] Morning Report covered a story on kauri swamp logs that were allegedly being illegally exported to China. It reported that the company Oravida was one of the ‘kauri wholesalers’ involved. RNZ upheld a complaint from Oravida’s director that the broadcast was unfair as comment was not sought from Oravida. RNZ had removed the audio and written pieces that referred to Oravida and its director from its website, and two days later in a subsequent broadcast briefly reported Oravida’s position that it had never been involved in illegal trading. The Authority upheld the complaint that the action taken by RNZ in upholding the fairness complaint was insufficient and that the broadcast was also inaccurate. The Authority did not make any order noting that a full correction and apology was broadcast after the referral of the matter to this Authority....

Download a PDF of Decision No. 1992-027:Noble and Radio New Zealand Ltd - 1992-027 PDF163. 37 KB...

*Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]Morning Report looked at the Taranaki Regional Council’s ‘landfarming’ policy and contained an interview with a Council representative. The Authority did not uphold the complaint that the broadcast was misleading, unfair and unbalanced. The report was an accurate and fair reflection of what the representative told the reporter in the interview, and it is legitimate and important in our free and democratic society to challenge and criticise public bodies on matters of strong public interest. Not Upheld: Accuracy, Fairness, Controversial IssuesIntroduction[1] An item on Morning Report reported on the Taranaki Regional Council’s (TRC) ‘landfarming’ policy. The reporter interviewed TRC’s Director of Environment Quality, Gary Bedford, and his comments formed the basis of the story....

Summary[This summary does not form part of the decision. ]An item on Morning Report reported that, over the past ten years, reported firearm theft has increased by 35%, and through the comments of three interviewees considered whether the increase of firearm theft is related to issues around their safe storage and registration. The Authority did not uphold a complaint that the item breached standards of balance and fairness. The Authority found the item provided sufficient balance through multiple alternative points of view that enabled listeners to form their own opinion on the topic. The fairness standard cannot be applied to licenced firearm owners as they are not an ‘organisation’ for the purposes of the standard. Not Upheld: Balance, Fairness The broadcast[1] An item on RNZ’s Morning Report reported that:’Almost 3,300 firearms have been stolen over the past five years – a 35% percent increase on the five years before....

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 did not uphold a complaint that a segment on Morning Report about the release of the Department of Corrections’ strategy ‘Hōkai Rangi’, aimed at reducing the proportion of Māori in prisons, breached the balance standard. The broadcast included a pre-recorded interview with Corrections Minister, Hon Kelvin Davis, followed by a discussion between host Susie Ferguson and guests Sir Kim Workman and Julia Whaipooti about the issues for Māori in the corrections system and whether the strategy would help to address these. The following morning, the National Party’s Corrections spokesperson David Bennett was interviewed on Morning Report about why the National Party was critical of the strategy. The complaint was that the interview with Sir Kim and Ms Whaipooti was unbalanced and one-sided....

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....

The Authority has not upheld a complaint that an interview with Simon Bridges, National Party leader and Leader of the Opposition, was in breach of the accuracy, balance and fairness standards. The complainant submitted that the interviewer’s description of a tweet from National MP Chris Penk regarding the Abortion Legislation Bill as ‘fake news’, ‘misinformation’, and ‘wrong’ was inaccurate. The Authority found that this description amounted to comment and analysis, to which the accuracy standard does not apply. The Authority also found that the interview was balanced, as it was reasonable for the interviewer to take a position opposing that of Mr Bridges, and Mr Bridges was given ample opportunities to present his perspective on issues discussed....

Summary [This summary does not form part of the decision. ] An item on Morning Report reported on a New Zealand Defence Force exercise in Hawkes Bay which involved visiting local schools. The Authority did not uphold the complaint that the item was unbalanced and in the nature of ‘propaganda’. This was a brief news report about the army exercise and the school visits, and the fact it reflected positively on the NZDF did not automatically trigger the requirement to present alternative viewpoints. Not Upheld: Controversial Issues Introduction [1] An item on Morning Report reported on a New Zealand Defence Force (NZDF) exercise and was introduced as follows: War has broken out in Hawkes Bay, but the bullets being fired are blanks. Several hundred defence force personnel are conducting war games in different parts of the region as part of an intentional training exercise....

The Authority did not uphold a complaint that two interviews on Morning Report with contributors to the recent report ‘He Waka Roimata: Transforming our Criminal Justice System’, published by the Te Uepū Hāpai i te Ora: Safe and Effective Justice Advisory Group, breached the balance and accuracy standards. The Authority found that the clear perspective and focus of the interviews, combined with the public interest and ongoing nature of the issue discussed, resulted in a balanced broadcast that would assist listeners in arriving at informed and reasoned opinions. The Authority also found that statements made by a host and an interviewee regarding the ‘three strikes’ law were not statements of fact to which the accuracy standard applied. Finally, the Authority found the interviews were unlikely to mislead viewers through these statements or by omission of certain information. Not Upheld: Balance, Accuracy...

Summary[This summary does not form part of the decision. ]A complaint about an interview between Kim Hill and Rt Hon Winston Peters regarding the relationship between New Zealand First and the Labour Party was not upheld. The complainant submitted the interview was unbalanced because Kim Hill’s interviewing of Mr Peters was ‘biased, rude and condescending’. The Authority found that, while Ms Hill asked Mr Peters challenging and critical questions, Mr Peters had a reasonable opportunity to put forward his competing point of view. Given the level of public interest in the interview, Mr Peter’s position and his experience with the media, the Authority also found Ms Hill’s interview style did not result in Mr Peters being treated unfairly....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – presenter allegedly implied that all of Jerusalem was located in Israel – allegedly inaccurateFindings Principle 6 (accuracy) – item did not imply that Jerusalem belonged to Israel – not upheldThis headnote does not form part of the decision. Broadcast [1] On Morning Report broadcast on National Radio on 15 March 2004 at approximately 7. 15am, a news item was introduced as follows: And now to Israel where at least nine people have been killed in a double suicide bombing at one of the country’s busiest ports earlier today. Two Palestinian militant groups have claimed joint responsibility for the attack. The Independent’s correspondent in Jerusalem, Eric Silva, joins us now. Complaint [2] On behalf of the Palestine Human Rights Campaign, David Wakim complained to Radio New Zealand Ltd, the broadcaster, that the introduction was inaccurate....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in determination of this complaint. Summary [This summary does not form part of the decision. ] An item on Morning Report featured an interview with a Social Policy Advisor at the Citizens Advice Bureau (CAB), who discussed CAB’s experience assisting the public with income support applications to Work & Income New Zealand (WINZ). The Authority did not uphold a complaint from the Ministry of Social Development (MSD) that this interview was unbalanced, unfair and inaccurate. The Authority found that because of the nature of the item – which comprised a brief interview with one individual, who approached a widely reported issue from a clearly identified perspective – audiences would not have expected to hear MSD’s response to the comments made....