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The Authority has not upheld a complaint alleging Kerre McIvor’s comments regarding cyclists breached the discrimination and denigration, fairness and balance standards. The comments did not refer to a recognised section of society as required by the discrimination and denigration standard and would not have reached the high threshold required to breach the standard. The individuals referred to in the broadcast were not treated unfairly, and the fairness standard does not apply to cyclists as a group. The balance standard was not breached as listeners were likely to have understood the comments as coming from Ms McIvor’s perspective. Not Upheld: Discrimination and Denigration, Fairness, Balance...

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 ...

The Authority has not upheld a complaint under the accuracy standard about a Newstalk ZB news item reporting Israel’s bombing of a Gaza City school and included an academic’s perspective on the incident. The complainant argued the broadcast was misleading by not mentioning that the school was (according to Israel) a Hamas command post and therefore a ‘legitimate target’, and by including the academic’s comments. The Authority found the academic’s comments were analysis, comment, or opinion to which the standard does not apply. It also found that choosing to not include Israel’s rationale for the bombing was a matter for the broadcaster’s editorial discretion. The broadcast was not materially inaccurate, and did not give a wrong idea or impression of the facts. Not Upheld: Accuracy...

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the good taste and decency standard during an episode of the programme Bhuja was insufficient. The Authority agreed that the programme breached standards, by failing to signal to viewers that a highly aggressive interview was staged, and by broadcasting offensive language. However, the Authority found the action taken by the broadcaster holding the hosts to account with regard to language used, was proportionate to the breach and any further action would unreasonably limit the broadcaster’s right to freedom of expression. The Authority also found that the fairness, discrimination and denigration, violence and accuracy standards did not apply to the material broadcast. Not upheld: Good Taste and Decency (Action Taken), Fairness, Discrimination and Denigration, Violence, Accuracy...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Coast radio station – broadcast of song entitled “Puha and Pākehā” – allegedly encouraged denigration of PākehāFindings Principle 7 and Guideline 7a (denigration) – clearly humorous – not denigratory of Pākehā – not upheld This headnote does not form part of the decision. Broadcast [1] At around 5. 15pm on 5 October 2004, Coast radio station in Auckland broadcast a song entitled “Puha and Pākehā”, recorded by Rod Derrett in the 1960s. [2] The song was a light-hearted tale of Pākehā in early New Zealand being eaten by Māori, and included the following lyrics: I don’t give a hangi for the Treaty of Waitangi, You can’t get fat on that – give me some Puha and Pākehā....

The Authority has declined to determine aspects, and not upheld the remainder of a complaint concerning a talkback call regarding vaccine mandates. The complainant had contacted the station and spoke about her son’s issues re-enrolling at university due to his COVID-19 vaccination status. The complainant alleged the broadcast breached the balance, accuracy and fairness standards as the host did not accept the complainant’s statements concerning the COVID-19 vaccine and related mandates, and prematurely ended the call with the complainant. The Authority declined to determine the complaint under the balance and accuracy standards as the complainant’s concerns have been recently determined in other decisions. The Authority did not uphold the fairness complaint, finding the complainant was not treated unfairly and in any case it was an editorial choice open to the broadcaster to end the call....

The Authority has upheld a complaint that comments made by Kate Hawkesby on Early Edition with Kate Hawkesby, about the newly introduced Equity Adjustor Score in the Auckland region, were misleading. The Equity Adjustor Score is a system which uses five categories to place patients on the non-urgent surgical waitlist, including clinical priority, time spent waiting, location, deprivation level and ethnicity. Hawkesby made statements to the effect that the Score meant Māori and Pacific Peoples were being ‘moved to the top of surgery waitlists’. The Authority found the comments to be materially misleading in relation to the nature and impact of the Score, as they gave the impression that ethnicity was the only, or the key factor, involved in the assessment, and that Māori and Pacific patients would be given immediate precedence on the surgical waitlist as a result, when this was not the case....

The Authority has not upheld a complaint a segment of Overnight Talk breached several standards. In the programme, a caller to the show queried the validity of the host’s statement that 1400 Israelis had died in the 7 October 2023 attack by Hamas, and asked what evidence the host had of the attack. The host’s response included suggesting the caller should not be ‘an idiot’, saying he was not going to waste his time, terminating the call and advising the caller that they could see ‘uncensored footage’ of the attack on the ‘deepest, darkest parts of the internet’ if they needed evidence....

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...

The Authority has not upheld a complaint that a brief, light-hearted discussion on ZM’s Bree & Clint programme about listeners’ suggestions to use methamphetamine to stay awake breached broadcasting standards. The complainant alleged the discussion made methamphetamine appear ‘cute’, it was offensive for the hosts to discuss it on air, promoted the drug to the audience and was unfair. The Authority found the discussion was within audience expectations of the programme and station and was not likely to promote use of the drug. Though the conversation was light-hearted, the hosts specifically acknowledged the drug could ‘ruin [their] lives’. The fairness standard did not apply. Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour, Fairness...

The Authority has declined to determine an accuracy complaint about a news bulletin referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination. Declined to determine (section 11(a) of the Broadcasting Act 1989 – trivial): Accuracy...

During the programme Tim Roxborogh & Tim Beveridge Afternoons, the hosts discussed Russia’s recent invasion of Ukraine. In response to Roxborogh’s question of ‘how do you stop Putin? ’ Beveridge answered that the only thing would be ‘…a bullet to the back of Putin’s head. He has to be taken out by someone. ’ The complainant alleged that these comments breached the good taste and decency, violence, law and order, and fairness standards as they incited violence. The Authority did not uphold the complaint, finding the comments did not reach a threshold justifying regulatory intervention. In particular, the Authority noted the comments did not amount to a threat or call to action, were not likely to incite action against President Putin, and were made in the context of a discussion about President Putin’s invasion of Ukraine, which has led to significant loss of life and the displacement of Ukrainians....

The majority of the Authority did not uphold a complaint that a comment made by Mike Hosking during a ‘Mike’s Minute’ segment of Mike Hosking Breakfast about the government’s surplus breached the accuracy standard. The majority found that, considering a number of contextual factors, the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts to which the accuracy standard does not apply. The minority view was that Mr Hosking’s comment was an inaccurate statement of fact on which he then based his opinion and that the broadcaster did not make reasonable efforts to ensure the accuracy of the statement on which the following comments were based. Not Upheld by Majority: Accuracy...

Summary[This summary does not form part of the decision. ]During a talkback segment on Sportstalk, the host Mark Watson criticised northern hemisphere sports media and the British and Irish Lions rugby team. The host made provocative statements about the Lions team who were at that time touring New Zealand, saying, among other things, ‘hopefully you get smashed’. The host then engaged in a heated discussion with a talkback caller about northern hemisphere rugby and rugby media. The Authority did not uphold a complaint that the host’s comments undermined broadcasting standards. The comments made, while critical and provocative, did not exceed audience expectations within the robust and opinionated environment of talkback radio, and particularly on Radio Sport. The Authority noted that the free and frank expression of opinions is an important aspect of the right to freedom of expression, and is valued in our society....

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’....

The Authority has not upheld a complaint that a segment of Fletch, Vaughan and Hayley discussing Ministry of Education guidelines for relationships and sexuality education breached the children’s interests standard. As part of the segment, the hosts indicated they wanted to talk about ‘the wild things that you were taught at sex ed. ’ The complainant considered the segment, which featured discussion of genitalia and how to use condoms, was inappropriate to air in the morning when parents were taking their children to school. The Authority found the segment was within audience expectations for the programme and the radio station, ZM, and the nature of the upcoming discussion was sufficiently signposted to allow parents or caregivers to exercise discretion over their children’s listening....

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM radio in Timaru – announcer said that the owner of a rival radio station in Timaru had supported the launch of the new station and that his revenue would be cut in half – allegedly in breach of good taste and decency, privacy, fairness and social responsibility FindingsPrinciple 1 (good taste and decency) – words used not in poor taste or indecent – not upheld Principle 3 (privacy) – complainant publicly listed as director and owner of Port FM Ltd – not upheld Principle 5 (fairness) – comments clearly light-hearted and very mild – not upheld Principle 7 (social responsibility) – no suggestion that broadcaster failed to act in socially responsible manner – not upheldThis headnote does not form part of the decision....

During the programme Sunday Mornings with The Resident Builder on Newstalk ZB, the host described how he used to make an implement to shoot fireworks as a young boy, ‘à la a good old fashioned sort of flintlock. ’ The complainant alleged these comments could have encouraged children listening to imitate the host’s actions and put themselves or others in danger, in breach of the children’s interests standard. The Authority did not uphold the complaint, finding the comments were not likely to adversely affect children, taking into account the programme’s target audience and the nature of the comments.   Not Upheld: Children’s Interests...

The Authority has not upheld a complaint that a segment of Fletch, Vaughan and Hayley, discussing the statistic that 20% of New Zealanders admitted to ‘snooping’ on their partners’ devices, breached the discrimination and denigration standard. Following a story about a listener catching her partner cheating using his ‘find my iPhone’, the hosts made brief comments that ‘the gays should run a course’. The complainant considered the segment denigrated people who identify as gay and perpetuated a negative stereotype that gay people are sneaky. In the context, the Authority found the comments were unlikely to encourage different treatment of gay people to their detriment or devalue the reputation of gay people. Not Upheld: Discrimination and Denigration...