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Complaint under s. 8(1)(a) of the Broadcasting Act 1989Nine to Noon – commentator (Hana O’Regan) compared the impact of views of the leader of the National Party (Dr Brash) to those of Hitler – allegedly offensive, irresponsible, unbalanced, unfair and inaccurateFindings: Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – another perspective on extensively debated controversial issue – not upheld Principle 5 (fairness) – focus of comparison on process, not policy – not upheld Principle 6 (accuracy) – limited factual comparison accurate – not upheldThis headnote does not form part of the decision. Broadcast [1] Commentator Hana O’Regan was interviewed by the presenter (Linda Clark) on National Radio’s Nine to Noon between 9. 54 and 10. 00am on 11 February 2004....

The Authority declined to determine a complaint about an interview with National Party MP and Leader of the Opposition Christopher Luxon. The complaint alleged the interview was disrespectful and biased, with the interviewer interrupting and expressing their own political views. The Authority has consistently not upheld complaints of a similar nature, and this complaint did not raise any specific issues which would distinguish it from the previous findings on the same issue. Decline to determine: Good Taste and Decency, Fairness, Balance (section 11(b) of the Broadcasting Act 1989)...

SummaryDuring an interview on Nine to Noon on Radio New Zealand’s National Programme on 4 September 1998, the word "fuck" was used on several occasions by both the host of the programme and the interviewee when they quoted a poem which had been translated and backtranslated into both French and German. Mr Crouch of Marton complained to RNZ Ltd and received no reply to his complaint. He therefore referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989. When the matter was referred to Radio New Zealand Ltd for response, it advised that it had considered the complaint under standard R2 of the Radio Code of Broadcasting Practice, which requires broadcasters to observe standards of good taste and decency....

Summary [This summary does not form part of the decision. ]A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The Authority did not uphold the complaint that this was inaccurate, because he was actually standing trial over allegations of ‘filing a false electoral return’. The label ‘electoral fraud’ was used as shorthand to characterise the accusations against Mr Banks, and was also adopted by numerous other news media. The story and the nature of the allegations were widely publicised so viewers would not have been misled. Not Upheld: AccuracyIntroduction[1] A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The programme was broadcast on Radio New Zealand National on 17 October 2013....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – discussion between commentators about New Zealand’s change in government – one commentator recalled overhearing a conversation at Auckland Airport in which a man told some tourists that the former Prime Minister was a lesbian – allegedly in breach of good taste and decency, accuracy and discrimination and denigration Findings Standard 1 (good taste and decency) – comments were intended to be humorous and ironic – contextual factors – not upheld Standard 5 (accuracy) – programme not a news, current affairs or factual programme to which the accuracy standard applied – not upheld Standard 7 (discrimination and denigration) – comments related to an individual, not to a section of the community – not upheld This headnote does not form part of the decision....

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....

The Authority has not upheld a complaint alleging a Nine to Noon interview discussing the Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill breached the balance and fairness standards. The item included interviews with current and former Children’s Commissioners, who were both generally opposed to the proposed legislation. As the item was clearly signalled as coming from a particular perspective, and the existence of other perspectives was indicated within the broadcast, the Authority found there was no need to include other perspectives within the item itself. In the circumstances it was unlikely listeners would have been left uninformed or unaware there were other perspectives on the issue. The fairness standard did not apply. Not Upheld: Balance, Fairness...

The Authority has declined to determine a complaint alleging an item on Nine to Noon breached the offensive and disturbing content standard, due to a presenter using the expression ‘effing annoying’ when describing a character in a book review. In light of the Authority’s guidance on complaints that are unlikely to succeed and previous decisions on low-level offensive language, the Authority considered it appropriate to decline to determine this complaint.   Declined to Determine (section 11(b) in all the circumstances the complaint should not be determined): Offensive and Disturbing Content...

Complaints under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interview about legislation change to introduce paying the minimum wage to disabled people – allegedly unbalanced, inaccurate and unfair Findings Principle 4 (balance) – presenter adopted aggressive manner with two interviewees – prevented interviewees from presenting significant viewpoints to listeners – listeners deprived of important information on controversial issue under discussion – unbalanced – upheld Principle 5 (fairness) – one aspect of fairness complaint subsumed into consideration of Principle 4 – programme not unfair to Minister for Disability Issues – not upheld Principle 6 (accuracy) – no inaccuracies – not upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Nine to Noon – joint interview with organiser of anti-racism march in Christchurch and leader of National Front – complainant alleged that interview on National Radio gave National Front credibility and legitimacy – item allegedly unbalanced and unfair as National Front not legitimate commentator on immigration issuesFindings Principle 4 (balance) – programme presented both sides of debate – not upheld Principle 5 (fairness) – programme not unfair to identifiable person – not upheld This headnote does not form part of the decision. Broadcast [1] During Nine to Noon on 10 May 2004 the presenter (Linda Clark) conducted a joint interview with the organiser of an anti-racism march in Christchurch, Mr Lincoln Tan, and the organiser of a National Front counter-march, Mr Kyle Chapman....

Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured an interview with the CEO of the New Zealand Superannuation Fund. The Authority declined jurisdiction to accept and consider a complaint that this interview did not address issues of corruption within the Fund, finding the complaint raised matters of editorial discretion and personal preference rather than broadcasting standards, and the broadcaster was therefore correct to not accept it as a valid formal complaint. Declined JurisdictionIntroduction[1] An item on Nine to Noon featured an interview with the Chief Executive of the New Zealand Superannuation Fund (the Fund). [2] Allan Golden complained to Radio New Zealand that the segment ‘praised the earnings performance’ of the Fund with no justification....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Nine to Noon – item was part five of a 15-part reading of the novel “The Captive Wife” – the reading contained language of a sexual nature – allegedly in breach of good taste and decency  Findings Standard 1 (good taste and decency) – contextual factors – not upheld (This headnote does not form part of the decision. ) Broadcast [1]  On Friday 10 August 2007 at 10. 45am, Nine to Noon, broadcast on Radio New Zealand National, featured a reading from the novel “The Captive Wife” by Fiona Kidman. The novel was based on the lives of Jacky and Betty Guard, and events which took place in 19th century New Zealand. The reading was approximately 13 minutes long and was part five of a 15-part series....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – broadcast of anonymous interviewee’s allegations that the Hon David Benson-Pope was guilty of bullying students at Bayfield High School – allegedly unbalanced, inaccurate and unfairFindingsPrinciple 5 (fairness) – broadcasting allegations by anonymous interviewee unfair – RNZ did not verify interviewee’s credibility to a high standard before granting anonymity – did not undertake sufficient independent investigations into interviewee’s story – upheld Principle 4 (balance) – controversial issue whether Mr Benson-Pope bullied students during his time as a teacher – RNZ made reasonable efforts to present significant perspectives within period of current interest – not upheld Principle 6 (accuracy) – one aspect subsumed under Principle 5 – decline to determine whether allegations were accurate – describing a caning as a “beating” not inaccurate – not upheldOrdersSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant $5,000…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interview with member of United Kingdom National Commission into Islam – presenter referred to young Muslims being recruited by terrorist groups – allegedly inaccurate and denigratory of Muslims Findings Principle 6 (Accuracy) – item accurate – not upheld Principle 7 (Fairness – denigration) – item not denigratory of Muslims – comment by presenter did not refer to Muslims generally – comment was accurate – words used were in context of serious comment about United Kingdom police policy towards Muslims – not upheld This headnote does not form part of the decision. Broadcast [1] In Nine to Noon, broadcast on National Radio on the morning of 9 June 2004, presenter Linda Clark interviewed Robin Richardson, a member of the United Kingdom’s National Commission into Islam....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview with Sir Eion Edgar – allegedly in breach of law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandards 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness) and 8 (responsible programming) – complainant’s concerns did not raise any issues of broadcasting standards – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During Nine to Noon, broadcast on Radio New Zealand National on Monday 22 February 2010, the host interviewed Sir Eion Edgar as he had recently been named Senior New Zealander of the Year....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – dispute about whether the presenter used the word “lie” or “line” – the former allegedly offensiveFindingsPhrase used was “that is a desperate line” – not in breach of broadcasting standards – not upheldThis headnote does not form part of the decision. Broadcast [1] On National Radio on 9 September 2005 on the Nine to Noon programme, National Party deputy leader Gerry Brownlee said, referring to Radio New Zealand, “this is Radio Labour at its best”. [2] In response to this comment, the presenter said either “that is a desperate line” or “that is a desperate lie”. Complaint [3] Michael Gibson said that he had heard the presenter respond “that’s a lie”. He considered the presenter’s comment was damaging and offensive. He stated that it breached “at least one” of the broadcasting standards....

An appeal against this decision was dismissed in the High Court: CIV 2004-485-2035 PDF1. 53 MBComplaint under s....

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....