BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

[This summary does not form part of the decision.] 

The Authority has not upheld an accuracy complaint about a 1News segment on the dangers of crossing sand bars. In the segment, a Coastguard representative said, ‘We recommend crossing the bar at high or low tide, so we can try and take the current out of the equation’. The complaint alleged the recommendation to cross at low tide was ‘wrong’ and ‘dangerous’ and Coastguard were not an authoritative source regarding maritime matters. The Authority considered there were reasonable arguments for a finding the statement was not materially inaccurate in the context of the broadcast. The segment’s overall emphasis was on the dangers and complexity in crossing sand bars, and the statement addressed just one of several risk factors mentioned. In any event, the Authority found it was reasonable for the broadcaster to rely on information provided by the Coastguard representative on this topic.

Not Upheld: Accuracy

The broadcast

[1]  The 24 August 2024 broadcast of 1News included a segment on the dangers of crossing sand bars and Coastguard’s attempt to raise awareness on this issue. The item was introduced:

1News Presenter: Coastguard is pleading with Kiwi skippers to exercise more caution when crossing bars. It comes after two recent drowning tragedies. At the beginning of the month, three people died when a boat capsized on the Riverton bar. And a week ago, there was a fatality at Jack's Bay in Otago. In the past ten years, 31 people have died in bar crossing drownings. Water Safety says crossing a bar is among the most hazardous manoeuvres a skipper can undertake. Coastal bars are dynamic, unpredictable, and can turn perilous at any moment. [1News reporter] went out on the Manukau Harbour with Coastguard volunteers, who are hoping more Kiwi skippers will help them help themselves. 

[2]  The reporter interviewed a boatie who capsized when crossing the Manukau Harbour bar earlier in the year. A Coastguard representative was also interviewed and, when commenting on the capsize, said, ‘He’s [crossed the bar] hundreds of times - really experienced, knows what he was doing, has come to one of our seminars - and it went wrong for him. So, crossing the bar, it can go wrong for anyone.’

[3]  Later in segment, the following remarks were made:

1News reporter (voiceover):            On Thursday, we crossed the [Manukau Harbour] bar at high tide.

Coastguard representative:             We recommend only crossing the bar at high or low tide, so we can try and take the current out of the equation.

1News reporter (voiceover):            Even on a calm day, it took us 15 minutes on 2x 250HP motors to get out… a testament to the massive underwater bar and the huge amount of water and current flowing through the narrow gap.

Coastguard representative:             Combine that with the wind and the swell, if they’re working in opposite directions, and it makes a recipe for disaster.

[4]  At the end of the segment, the 1News reporter spoke about how Coastguard is running a series of bar safety seminars. During this, the banner shown on-screen read ‘Bar crossing drownings’ and ‘Coastguard launch classes across NZ’.

The complaint

[5]  Jim McGlone complained the comment, ‘We recommend only crossing the bar at high or low tide, so we can try and take the current out of the equation’ breached the accuracy standard of the Code of Broadcasting Standards in New Zealand for the following reasons:

• Low tide is ‘definitely not a good time’ to cross a bar given the water is shallower, ‘which is the key problem in navigating bar crossings’. The Coastguard representative’s comment was ‘wrong’ and ‘dangerous’ and should therefore be retracted and publicly corrected.
• The safest time to cross a sand bar is ‘one hour before high tide when the current is moving in the same direction as incoming waves and the water is near its maximum depth’.
• Coastguard are ‘a bunch of enthusiastic amateurs and must not be held up as experts in maritime matters’. Maritime NZ are a ‘more authoritative organisation regarding safety at sea’. 

The broadcaster’s response

[6]  TVNZ did not uphold the complaint for the following reasons:

• Coastguard were a reasonable organisation for 1News to rely on. Coastguard is an expert body that provides training for boaties in crossing sand bars. They are also Aotearoa New Zealand’s primary maritime search and rescue organisation, working closely with the Police and Rescue Co-ordination Centre. 
• ‘Maritime New Zealand says “the best time to cross a bar is at high water. Avoid crossing when the tide is going out. Wait until the conditions are suitable before you cross. Alternatively, choose a less dangerous place if possible.”’
• The Fishing Website has also said, quoting Coastguard, to time bar crossings with a ‘slack tide’ (the height of a low or high tide).
• ‘The Committee understands that the best tide conditions for a bar crossing can be different depending on the harbour bar being crossed.’
• Although the complainant disagreed with Coastguard’s ‘brief advice’ in the segment, the advice ‘was not provided as a definitive or fulsome explanation of the best way to cross a bar’. At the end of the segment, Coastguard’s Bar Awareness seminars were promoted ‘so that viewers who were interested could in the eve their knowledge on this issue’.

The standard

[7]  The purpose of the accuracy standard¹ is to protect the public from being significantly misinformed.² It states broadcasters should make reasonable efforts to ensure news, current affairs or factual content is accurate in relation to all material points of fact and does not mislead. Where a material error of fact has occurred, broadcasters should correct it within a reasonable period after they have been put on notice.

Our analysis

[8]  We have watched the broadcast and read the correspondence listed in the Appendix.

[9]  As a starting point, we considered the right to freedom of expression. It is our role to weigh up the right to freedom of expression against any harm potentially caused by the broadcast. We may only intervene when the limitation on the right to freedom of expression is demonstrably justified in a free and democratic society.³

Does the accuracy standard apply?

[10]  The requirement for factual accuracy does not apply to statements which are clearly distinguishable as analysis, comment or opinion (rather than statements of fact).⁴ The first question is therefore whether the statement, ‘We recommend crossing only the bar at high or low tide, so we can try and take the current out of the equation’ is comment, analysis or opinion.

[11]  In assessing whether it was a statement of fact or was analysis, comment or opinion, the following factors may be relevant:⁵

• the language used
• the type of programme
• the role or reputation of the person speaking
• the subject matter
• whether the statement is attributed to someone
• whether evidence or proof is provided.

[12]  Despite the Coastguard representative using the qualifier ‘we recommend’, we consider the statement was likely to be received by viewers as a statement of fact. The rationale behind the statement was outlined: ‘so we can try and take the current out of the equation’. The segment was part of a news, current affairs, or factual programme, and was highlighting the danger and complexity in crossing sand bars. Further, the interviewee was representing Coastguard which, as discussed at [21], is a reputable organisation for water safety information.

[13]  The accuracy standard therefore applies.

Was the statement materially inaccurate or misleading?

[14]  The next question is whether the comment was materially inaccurate or misleading. Technical or other points that are unlikely to significantly affect the audience’s understanding of the programme as a whole are not considered ‘material’.⁶

[15]  The statement appears inconsistent with other Coastguard advice on bar crossings. Coastguard has said:

• ‘Remember the best time to cross a bar is at high water. Avoid crossing when the tide is going out’.⁷
• ‘The optimal time to cross is during high tide and in calm weather… Remember to avoid crossing when the tide is going out’.⁸
• ‘If you need to head out, consider waiting for better conditions, like high tide when the water over the bar is higher and the tidal flow is lower’.⁹
• ‘Never cross a bar at low tide’.¹⁰
• It’s always best to cross a bar at the highest possible tide, avoiding crossing the bar at low tide always’.¹¹

[16]  Many organisations agree it is unsafe to cross a bar during low tide.¹² However, advice does vary. Some say it is most unsafe to cross a bar when the tide is going out, rather than at low tide.¹³ Others say the best time to cross is during slack tide (peak high or low tide) or to avoid crossing at ebb tide (mid-tide).¹⁴

[17]  It appears there is no one-size-fits-all rule for crossing a bar. Coastguard, Maritime NZ, and other organisations agree the safest conditions for a bar crossing, including the best tidal conditions, are contingent on the bar in question and advise local knowledge is sought before crossing a bar.¹⁵

[18]  In any event, it is not for the Authority to rule on the accuracy of a statement about the safest conditions for crossing any sand bar. To do so would overstep our role and area of expertise. However, we consider there are reasonable arguments the statement was not materially misleading or inaccurate in the context of the broadcast.

[19]  The item was not simply an educative piece on how to cross sand bars. It sought to highlight the risk and complexity involved in crossing sand bars. The broadcast emphasised a bar crossing is ‘among the most hazardous manoeuvres a skipper can make’ and coastal bars are ‘dynamic, unpredictable, and can turn perilous at any moment’. The Coastguard’s Bar Awareness Roadshow was also promoted, which was said to be taking place ‘to push down on [the] risk’ involved in crossing sand bars.

[20]  The statement cannot be viewed in isolation. Surrounding comments contextualised the statement by outlining that various factors are relevant in determining a safe bar crossing.¹⁶ The Coastguard representative listed four considerations: tide, current, wind, and swell. Therefore, in the context of the broadcast, viewers can be expected to have understood the relevant statement focused on just one of many relevant risk factors (the tide).

Did the broadcaster make reasonable efforts to ensure accuracy?

[21]  In any event, the standard requires ‘reasonable efforts to ensure accuracy’ and we are satisfied it was reasonable for the broadcaster to rely on information provided by the Coastguard representative on this topic.¹⁷

[22]  The complainant alleged, ‘Coastguard must not be held up as experts in maritime matters’. Coastguard is Aotearoa New Zealand’s primary maritime search and rescue organisation, working closely with government-led search and rescue services such as the Police and the Rescue Co-ordination Centre (RCCNZ). They have an Education and Community Engagement team that provide boating courses throughout Aotearoa, including the Bar Safety seminars mentioned in the broadcast.¹⁸ Coastguard is therefore a reputable maritime organisation the broadcaster was entitled to rely on.¹⁹

[23]  The broadcaster was also entitled to rely on the specific Coastguard representative. He is the organisation’s Bar Safety Programme Lead and has, on numerous occasions, spoken to the media about sand bars on Coastguard’s behalf.²⁰ Additionally, the representative provided the reasoning behind his recommendation – to ‘try and take the current out of the equation’ – so there was no obvious reason to question the accuracy of the programme content before it was broadcast.²¹

[24]  Accordingly, we do not uphold this complaint.

For the above reasons the Authority does not uphold the complaint.
Signed for and on behalf of the Authority

Susie Staley
Chair
4 December 2024    

Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1  Jim McGlone’s formal complaint – 24 August 2024

2  TVNZ’s decision on the complaint – 18 September 2024

3  McGlone’s referral to the Authority – 23 September 2024

4  TVNZ’s confirmation of no further comment – 11 October 2024

¹ Standard 6, Code of Broadcasting Standards in New Zealand 
² Commentary, Standard 6, Code of Broadcasting Standards in New Zealand, page 16
³ Introduction, Code of Broadcasting Standards in New Zealand, page 4
⁴ Guideline 6.1
⁵ Commentary, Standard 6, Code of Broadcasting Standards in New Zealand, page 16
⁶ Guideline 6.2
⁷ Coastguard “Bar Awareness Seminars” (1 April 2022) <boatingeducation.org>
⁸ Coastguard “Crossing a Bar” (30 October 2024) <boatingeducation.org.nz>
⁹ Coastguard “Bar Awareness” (22 September 2016) <coastguard.nz>
¹⁰ Safer Boating NZ “New Zealand Bar Crossing – How to cross a bar safely in a trailer powerboat” (15 July 2014) <youtube.com>
¹¹ Coastguard “Steps for a Safe Bar Crossing” (12 January 2022) <vimeo.com>
¹² Otago Daily Times “Dangers of crossing sand bars highlighted” (20 August 2024) <odt.co.nz>; Bay of Plenty Regional Council “Bar crossing” (5 August 2014) <boprc.govt.nz>; Otago Regional Council “OCR Harbourmaster – Safer Boating: Always Prepare to Cross a Bar” (9 June 2023) <youtube.com>; Waikato Regional Council “Bar crossings” (15 June 2023) <waikatoregion.govt.nz>
¹³ Maritime NZ “Crossing the bar” (12 August 2016) <maritimenz.govt.nz>; Pacific Powerboat “Crossing a Bar” (20 July 2019) <powerboatmagazine.co.nz>
¹⁴ Maritime New Zealand “Crossing the Bar Sticker” <maritimenz.govt.nz>; The Fishing Website “Crossing a bar – important points” (31 October 2013) <fishing.net.nz>
¹⁵ Coastguard “Bar Crossing Awareness: Must-Know Safety Tips” (22 December 2023) <youtube.com>; Coastguard “Bar Awareness” (22 September 2016) <coastguard.nz>; Maritime NZ “Crossing the bar” (12 August 2016) <maritimenz.govt.nz>; Boating NZ “Staying Safe Crossing A Bar” (22 November 2018) <boatingnz.co.nz>; The Fishing Website “Crossing a bar – important points” (31 October 2013) <fishing.net.nz>; Pacific Powerboat “Crossing a Bar” (20 July 2019) <powerboatmagazine.co.nz>
¹⁶ Flanagan and Discovery NZ Ltd, Decision No. 2024-020 at [12]
¹⁷ Guideline 6.3; See Neal and Discovery NZ Ltd & Sky Network Television Ltd, Decision No. 2024-016/017 for a similar finding.
¹⁸ Coastguard “About Us” <coastguard.nz>
¹⁹ Guideline 6.3
²⁰ Maritime New Zealand ‘Know the risks when crossing sand bars’; RNZ ‘Four boating deaths a tragic reminder of risks of crossing sand bars – Coastguard’; RNZ ‘Volunteers’ quick response saved lives, Coastguard says’; 531pi ‘Bar Awareness Roadshow’.
²¹ Guideline 6.3