BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

The weather report screened near the conclusion of One Network News does not

include a forecast for Central Otago. One Network News is broadcast daily between

6.00–7.00pm.

Mr Elston complained to Television New Zealand Ltd, the broadcaster, that the

omission of a forecast for the climatologically unique region of Central Otago was

unfair to the region.

Explaining that the forecast referred to the 25 largest population centres plus three

geographically unusual areas selected after consultation with the New Zealand Met

Service, TVNZ declined to uphold the complaint.

Dissatisfied with TVNZ's decision, Mr Elston referred his complaint to the

Broadcasting Standards Authority under s8(1)(a) of the Broadcasting Act 1989.

For the reasons below, the Authority declines to determine the complaint as it lacks the

jurisdiction to do so

Decision

The members of the Authority have viewed a typical weather forecast, which is

broadcast daily on One Network News, and have read the correspondence (summarised

in the Appendix.) As is its practice, the Authority determines the complaint without

a formal hearing.

Mr Elston of Cromwell complained to TVNZ about the omission of the

"climatologically unique" area of the Central Otago district from the weather forecast

broadcast at the conclusion on One Network News each evening. Pointing out that

readings were taken daily for the New Zealand Met Service on professionally

calibrated instruments in Cromwell, he said that the two nearest towns shown –

Queenstown and Dunedin – often had quite different weather patterns from Central

Otago. Towns elsewhere which were close to each other and had similar weather

patterns, he protested, nevertheless were referred to individually.

After some correspondence with TVNZ, Mr Elston claimed that the omission of

Central Otago was a breach of standard G6 of the Television Code of Broadcasting

Practice. It requires broadcasters:

G6   To show balance, impartiality and fairness in dealing with potential

matters, current affairs and all questions of a controversial nature.

TVNZ advised Mr Elston that it was inclined to the view that his concern fell outside

the ambit of the statutory complaints process. However, in response to the issue

raised, it pointed out that the towns which were mentioned were chosen in

consultation with the Met Service and comprised the 25 largest towns on a population

basis, and a further three for specific geographical reasons. Moreover, it advised, the

daily forecast was continually reviewed and changes were made when circumstances

varied.

When he referred his complaint to the Authority, Mr Elston maintained that the daily

weather forecast, by omitting Central Otago, breached standard G6. In its report to

the Authority, TVNZ continued to question whether the statutory process applied to

the particular complaint, although it also responded to the specific points made by Mr

Elston.

In deciding whether the referral raised a matter of broadcasting standards to which the

Act applies, the Authority has taken into account specifically s.5 of the Act. This

provision accepts that most concerns held by viewers and listeners are capable of

being resolved between the complainant and the broadcaster, and it also provides in

s.5(c):

(c) Complaints based merely on a complainant's preferences are not, in

general, capable of being resolved by a complaints procedure:

Taking this interpretation into account, the Authority reaches the following

conclusion. Whereas the complaints process would be appropriate for a complaint

about the fairness and accuracy of a specific weather forecast, it does not address the

sort of issue raised by the current complaint such as which towns should be included

or omitted.

The Authority accepts that Mr Elston's concern is one of considerable importance to

him and other Central Otago viewers. However, given the nature of the issue raised, it

does not accept that the formal complaints process set out in the Broadcasting Act

1989 is the process through which Mr Elston's concern can be resolved.

For the reasons above, the Authority declines to determine Mr Elston's

complaint on the grounds that it does not have jurisdiction under the

Broadcasting Act 1989 to do so.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
15 May 199

Appendix

Mr Elston's Complaint to Television New Zealand Ltd - 31 January 1997

After some correspondence about the complaints process, Mr Murray Elston of

Cromwell complained to Television New Zealand Ltd that Central Otago was treated

unfairly by the weather report and forecast broadcast each day on One Network News.

In an earlier letter to TVNZ dated 13 January 1997, Mr Elston had expressed his

concern that the "climatologically unique" area of Central Otago was not covered by

the daily weather forecast. Although the area between Queenstown and Dunedin was

ignored, he wrote indignantly, towns which were reasonably close with a similar

climate - such as Rotorua, Taupo and Tokoroa - were referred to separately.

Mr Elston also maintained that Cromwell, rather than Alexandra, reflected the entire

area more accurately, and he enclosed some weather statistics to justify that

contention.

He repeated these points in his letter of 31 January, adding that the Cromwell readings

were taken daily for the Met Service on instruments calibrated by the National

Institute of Water and Atmospheric Research (NIWA).

TVNZ's Response to the Formal Complaint - 11 March 1997

After explaining in an earlier letter dated 7 March that the response to the formal

complaint would take longer than the statutory 20 working days while information

was obtained from the NZ Met Service, TVNZ began its letter in response:

At the outset we record again that we are inclined to the view that this matter

falls outside the ambit of the statutory complaints procedure set down in the

Broadcasting Act. Nevertheless we have done our best to consider your

complaint in the context of standard G6 of the Codes of Broadcasting Practice.

Pointing out that the list of centres shown could vary if circumstances changed, TVNZ

then made the following points:

1. It would be cumbersome and confusing to give data about every town. The

towns recorded had been chosen in consultation with the New Zealand Met

Service.

2. At present, the forecast carried data from the 25 largest towns on a population

basis and from a further three for specific geographical reasons.

3. Although the temperature from Central Otago was not given daily, it was

mentioned when it was either the warmest or coolest in the country.

4. The "Fly By" aspect screened nightly provided information for the region, as

did the situation maps.

5. A number of regions, in addition to Central Otago, were able to claim unique

climatic conditions.

By way of conclusion, TVNZ stated that it was unable to extend the forecast to

include a number of towns, some with a larger population than Cromwell. It did not

accept that the forecast contravened standard G6.

Mr Elston's Complaint to the Broadcasting Standards Authority - 28 March

1997

Dissatisfied with TVNZ's response, Mr Elston referred his complaint to the

Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989. He

attached a map which showed the area covered by the Central Otago District.

In response to the points made by TVNZ, he wrote:

2. While he agreed in population numbers, Mr Elston said that Central Otago was

arguably the largest climatologically unique area excluded from the daily weather

forecast.

3. His complaint only referred to the "daily graphic" presentation of the district

weather.

4. The "Fly By" only gave a general impression.

5. The other areas which TVNZ noted were not mentioned - Wairoa,

Whangaparaoa Peninsula, Coromandel, and Woodville - were not comparable to

Central Otago given either their size or proximity to a place which was

mentioned.

Declining to accept the reasons advanced by TVNZ, Mr Elston argued that data for

Central Otago should be included, noting, in finishing, that on 27 March 1977, the

temperature in Queenstown, Dunedin and Cromwell were respectively 15, 19 and

25 degrees C.

TVNZ's Response to the Authority - 16 April 1997

Pointing out that it had dealt with Mr Elston's complaint, TVNZ nevertheless

repeated its contention that the choice of centres dealt with during the weather

forecast was not a matter to which the statutory complaints process applied.

With regard to the complaint, TVNZ again explained that the selection of centres, and

the forecasts, were done with the assistance and guidance of the NZ Met Service. It

acknowledged Mr Elston's point that Cromwell could differ from Queenstown, but

said that similar variations could be claimed by towns close to each other in other

parts of New Zealand.

TVNZ objected to Mr Elston's assertion that Whangaparaoa - an area not mentioned

during the forecast - had a small population, and was therefore not comparable with

the omission of Central Otago. The population recorded in the 1996 census for

Whangaparaoa, it reported, was 67,261 residents, while Cromwell recorded 15,345.

In conclusion, TVNZ again noted that the weather forecast was constantly under

review.

Mr Elston's Final Comment - 26 April 1997

Emphasising that the complaint related to the Central Otago district and not just to

Cromwell, and that the standard G6 requirements were applicable, Mr Elston

expressed his confidence in the Authority reaching a decision which would remedy the

omission of Central Otago from TVNZ's weather reporting.