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Joanne Morris, Chair of the Authority, declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about a report which disclosed internal fraud at the Immigration Service – allegedly unbalanced and misleading Findings Standard 4 (balance) – balance of perspectives aired – not upheld Standard 5 (accuracy) – no inaccuracies – not misleading – not upheld Standard 6 (fairness) – not part of original complaint – no jurisdiction to determine This headnote does not form part of the decision. Broadcast [1] The lead item on One News broadcast on TV One at 6. 00pm on 8 April 2004, concerned a report that reviewed the Immigration Service’s processes when dealing with investigations into allegations of internal corruption....

The Authority has not upheld a complaint about an item on 1 News focusing on social-media-based misinformation, which included brief footage of an unnamed individual displaying what appeared to be convulsions in a wheelchair, and other social media material featuring influencer Chantelle Baker. The complainant argued the item reflected poorly on these individuals as it implied both were ‘spreaders of misinformation’ and, in the unnamed person’s case, ‘strongly inferred’ their injuries were not vaccine-related. The Authority did not consider the item resulted in either individual being treated unfairly, in the context of the item. The remaining standards either did not apply or were not breached. Not Upheld: Fairness, Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Prime Minister John Key had referred “tea tapes” matter to the police – he commented that “The good thing is we’ve lowered the crime rate by seven percent right across the country so they do have a little bit of spare time” – reporter said that “John Key may face criticism on a couple of fronts, firstly, for saying that police have too much time on their hands” – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – viewers heard Mr Key’s original comment so they would not have been misled – viewers would have understood the item was broadcast in a robust political environment in the lead-up to the election – not upheld Standard 6 (fairness) – politicians are aware of robust political arena and should expect to have their views commented…...

Complaint under sections 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Michael Laws Talkback – Mr Laws interviewed the complainant, Karen Batchelor, a spokesperson for the American Pit Bull Terrier Association – Mr Laws accused Ms Batchelor of misquoting statistics and making untrue statements – Mr Laws made comments such as “you’re just as bad as your dogs” and, “can you wear a muzzle” – allegedly in breach of good taste and decency, accuracy, fairness, discrimination and denigration, and responsible programming standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsStandard 6 (fairness) and Action Taken – Mr Laws took an overly aggressive approach and continuously interrupted the complainant – he made comments that were personally abusive and accused the complainant of lying – overall complainant was treated unfairly – serious breach of fairness standard – action taken by broadcaster was insufficient – upheld Standard 5…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Inspectors – Environmental Health Officer carried out routine spot check at fish and chip shop in Dunedin – made adverse comments about the state of the premises and delivered a food certificate downgrade from a ‘B’ to a ‘D’ – showed footage of business and of the shop owner with his face pixelated – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 3 (privacy) – shop owner had an interest in seclusion in the back part of his shop – camera crew’s actions amounted to an intrusion in the nature of prying because any consent given was not informed and did not extend to the broadcast of the footage three years after filming – intrusion highly offensive – there was a high level of public interest in the footage at the time of filming but not three years later –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that 65 police officers failed their Physical Competency Test because they were unfit – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 5 (accuracy) – reported figure of 65 unfit officers came from police and was not intended to reflect the proportion of officers who failed their PCT – lack of information pertaining to reasons for failure was due to reluctance of police to reveal information – item would not have misled viewers – not upheld Standard 6 (fairness) – use of shot of person eating pizza was legitimate to suggest that diet may be a reason why officers were unfit, and was not unfair – lack of detail due to police reluctance to reveal information – police provided with a fair and reasonable opportunity to comment and response included in the story…...

Download a PDF of Decision No. 1993-030:Female Images and Representation in Sport Taskforce and TV3 Network Services Ltd - 1993-030 PDF652. 8 KB...

Download a PDF of Decision No. 1991-002:Linney and Radio 99 FM - 1991-002 PDF181. 49 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera trial of appliance repairers – presenter stated that a home owner is not allowed to connect a plug to an electrical appliance without approval from an electrical inspector – allegedly inaccurate FindingsStandard 5 (accuracy) – presenter’s statement did not accurately reflect relevant legislation and regulations – broadcaster made reasonable efforts to ensure accuracy – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Target, broadcast on TV3 at 7. 30pm on 7 September 2010, a hidden camera trial was conducted which evaluated three appliance repairers who were called in to fix an electrical cord connected to a fridge....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on water leak in West Auckland – stated that Watercare had failed to respond to complaints about water leak – interviewed representative from Watercare – showed person drinking water which had come from storm-water drain – allegedly in breach of standards relating to accuracy, fairness and children’s interests FindingsStandard 5 (accuracy) – item created impression that complaints made to Watercare and that Watercare failed to respond to complaints – Watercare and council separate organisations – item inaccurate and misleading – however, in light of factual background, broadcaster made reasonable efforts to ensure item accurate and did not mislead – not upheld Standard 6 (fairness) – Watercare invited to appear on Close Up with regard to complaint made 6 November – Watercare given sufficient opportunity to check records given nature of allegations made against it – not upheld…...

Summary [This summary does not form part of the decision. ]An item on Native Affairs, entitled ‘Bones of Contention’, reported on the discovery of ‘kōiwi’ (human remains) at a development site in Devonport, and apparent tensions between iwi and the owner and developer of the site, Redback Develop Ltd. The Authority did not uphold the complaint from Redback that the item contained inaccurate information about the development and the discovery of kōiwi. Nor did the Authority uphold the complaint that the content of the panel discussion was misleading. The broadcaster treated Redback fairly and made reasonable efforts to put forward Redback’s position, by inviting onto the programme the individual who it had been referred to as the appropriate person to comment....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Claim Game – profiled story behind insurance claim involving car accident in which driver died – included re-enactment of crash and footage of car – allegedly in breach of standards relating to good taste and decency, privacy and accuracy Findings Standard 3 (privacy) – privacy standard does not apply to deceased individuals – complainant and her family members not identified – no private facts disclosed about complainant or her family members – item focused on retrieval of car for insurance purposes and not the driver so disclosure of information would not be considered highly offensive to objective reasonable person – not upheld Standard 5 (accuracy) – computer graphic not a material point of fact – graphic clearly speculative – not upheld Standard 1 (good taste and decency) – investigator’s comments directed at car retrieval and how expensive it was – not directed at driver…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item used the word “gay” in the context of reporting on influx of homosexual couples from Australia getting married in New Zealand as civil unions are not legally recognised in Australia – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness) – “gay” is a commonly accepted and widely used term for homosexuals – complaint frivolous and trivial – decline to determine in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News– item on the arrest of five protesters demonstrating against a 1080 poison drop on a farm – Department of Conservation logo was displayed behind the presenter as he introduced the item – allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – use of DOC log was careless, but would not have influenced viewers’ understanding of the issue reported on – not misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Tuesday 15 June 2010, discussed the arrest of five protesters demonstrating against a 1080 poison drop on a farm on the West Coast. [2] At the start of the item, a graphic showing the Department of Conservation (DOC) logo with 1080 pellets underneath it was displayed behind the presenter as he introduced the item....

Complaint under section 8(1)(b) of the Broadcasting Act 1989KFC Drive-by show – random prank phone call – host called the same number twice – sang a song and then suggested the man was rude for hanging up – allegedly in breach of law and order, social responsibility and fairness standards Findings Principle 2 (law and order) – no evidence that the host condoned criminal behaviour or encouraged criminal activity – not upheld Principle 5 (fairness) – unable to determine in the absence of a recording – decline to determine Principle 7 (social responsibility) – subsumed under Principle 2 This headnote does not form part of the decision. Broadcast [1] On the KFC Drive-by show between 3pm and 7pm on 27 April 2007, the host dialled a random telephone number from the phone book belonging to the “Johnson family”....

Summary[This summary does not form part of the decision. ]On an episode of Seven Sharp, the hosts discussed the Trans-Pacific Partnership (TPP) and interviewed a law professor. The professor explained the contrast between the dispute resolution mechanisms of the TPP and those of the World Trade Organisation (WTO). After the interview, one host asked the other, ‘So these foreign countries could potentially hold the government for ransom down the track? Surely it goes both ways; surely we’ll have some control’. The other host replied, ‘Of course it does. Who did we take to the WTO? We’ve taken a number of countries to the WTO. . . ’ The Authority did not uphold a complaint that this was misleading in that it suggested that TPP disputes would go through a similar process as the WTO, when in fact this was not the case for investor-state disputes....

Summary[This summary does not form part of the decision. ]The Pukeroa Oruawhata Trust has a regular broadcasting programme on Te Arawa FM, which is paid for by the Trust and enables the Trust to ‘share its views on issues affecting the Trust with its beneficiaries’. The programme featured an interview with the Trust’s deputy chairman, in which he made a number of negative comments about Te Komiti Nui o Ngāti Whakaue, Ngāti Whakaue Tribal Lands Incorporation and its former chairman. The Authority upheld a complaint that the programme was unbalanced, as it contained a discussion of issues that were controversial and of public importance to Te Arawa’s audience, but did not present any significant countering viewpoints to those expressed by the interviewee. The Authority also upheld the complaint that the former chairman of NWTLI, the complainant, was treated unfairly....

Summary [This summary does not form part of the decision. ]Native Affairs reported on 'jailed Northland farmer, Allan Titford, and his fight with Te Roroa', and his supporters. The Authority did not uphold Kerry Bolton's complaint that the action taken by Māori TV, having upheld his complaint that it was inaccurate to accuse him of being a 'Titford supporter', was insufficient. This was a matter of interpretation and opinion that could not be conclusively assessed as accurate or inaccurate. The Authority also declined to uphold an additional complaint that the report was misleading and unfair. The report was based on the opinions of the interviewees and was legitimately presented from a Māori perspective. It was not necessary to present alternative views on Mr Titford's guilt or innocence, and no participant was treated unfairly....