19 July 2001

Decision Nos: 2001-071/084

Explanatory Note


 This Decision is the Authority’s final determination in relation to complaints from R K Watkins against The RadioWorks Ltd about a number of broadcasts on The Rock in September and October 2000.

The Authority is providing this explanatory note because the structure of the Decision, and the process the Authority followed to arrive at the Decision, are departures from its usual practice.

The Decision is in two Parts:    Part I  and  Part II 

In January 2001, the Authority issued Part I of the Decision to the parties. The Authority invited the parties to make submissions on penalty in relation to the complaints it had upheld in Part I.

Subsequently the Authority received an extensive submission from The RadioWorks, which raised a number of substantive points concerning the New Zealand Bill of Rights Act 1990, and the right to freedom of expression enshrined in section 14 of that Act.

Having decided that the broadcaster’s submission was a "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989, the Authority decided to consider afresh the complaints which it had upheld in Part I of the Decision. Part II of the Decision, therefore, is the Authority’s fresh consideration of the complaints, taking into account the substantive points raised in the broadcaster’s submission.

In June 2001, the Authority released Part II of the Decision to the parties. Again it invited the parties to make submissions on penalty, based on its findings in Part II.

Having considered the submissions and determined the appropriate penalty, the Authority now releases Decision Nos: 2001-071/084. The Authority orders The RadioWorks to pay the sum of $8250 in costs to the Crown, that sum being the total of the penalties imposed for each of seven complaints upheld in Part II of the Decision.


Peter Cartwright