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Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes item – 84-year-old woman suffered fourth degree burns during cryosurgery in her mouth – caused by malfunctioning equipment – OSH prosecuted the oral surgeon but the case was dismissed – item reported expert evidence that equipment should have been serviced annually, but had not been serviced since 1974 – surgeon granted name suppression – viewer feedback on a subsequent programme described surgeon as a “mongrel” who should have his name published on the internet – allegedly unbalanced, inaccurate, unfair and in breach of law and order – broadcaster upheld balance complaintFindingsStandard 2 (law and order) – breaches of name suppression order outside Authority’s jurisdiction – decline to determine – did not encourage viewers to publish name – not upheld Standard 4 (balance) – action taken by broadcaster was sufficient – not upheld Standard 5 (accuracy) – three matters misleading and inaccurate –…...

ComplaintMorning Report – presenter stated "To Israel […] and the streets of Bethlehem" – inaccurate FindingsPrinciple 6 – implication that Bethlehem in Israel – inaccurate – uphold No Order This headnote does not form part of the decision. Summary [1] On Morning Report broadcast on National Radio on 24 December 2002 at approximately 7. 50am, the presenter stated "To Israel […] and the streets of Bethlehem…". [2] On behalf of the Palestine Human Rights Campaign (PHRC), David Wakim complained to Radio New Zealand Ltd, the broadcaster, that the comment was inaccurate, as Bethlehem was not in Israel. [3] In response, RNZ said that the item was not inaccurate, as there was no assertion on the part of the presenter, or in the item, that Bethlehem was in Israel....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News segment called “The Week in Politics” – reference to Dr Don Brash (Leader of the National Party) travelling in a police convoy from Parliament to the Wellington Stadium – comment by presenter that he “could have walked, the lazy bugger eh! ” – allegedly in breach of good taste and decency and allegedly inaccurate Findings Standard 1 (good taste and decency) – word “bugger” not in breach of good taste and decency – not upheld Standard 5 (accuracy) – comment not statement of fact – accuracy standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A segment called “The Week in Politics” was included in 3 News, broadcast on 23 July 2004, at around 6. 30pm....

ComplaintAssignment – election special – inaccurate statement regarding student loans FindingsStandard 5 – requirement for accuracy is absolute – minor breach – uphold No Order This headnote does not form part of the decision. Summary [1] An Assignment programme broadcast on TV One at 8. 00pm on 10 July 2002 was an election special, which analysed the Auckland electorates in the context of the upcoming General Election. [2] Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the Prime Minister’s comments regarding student loans were inaccurate, and that Ms Harré was treated unfairly on the programme. [3] In declining to uphold the complaint, TVNZ said that the Prime Minister’s comments were "essentially correct" and that Ms Harré was dealt with fairly in the context of the programme....

Download a PDF of Decision No. 1993-163:Minister of Customs (Hon Murray McCully) and Television New Zealand Ltd - 1993-163 PDF325. 12 KB...

Summary [This summary does not form part of the decision. ] A 3 News item covered a high-profile New Zealand equestrian’s reportedly controversial exclusion from Equestrian Sports New Zealand’s high performance squad. It included an interview with the head of ESNZ, and briefly showed a copy of the equestrian magazine Show Circuit on his desk. The Authority declined to uphold a complaint that the broadcast breached standards because it wrongly associated Show Circuit with ESNZ. The inclusion of the shot of the magazine was incidental to the story and did not suggest that Show Circuit supported ESNZ, as alleged. Not Upheld: Accuracy, Fairness, Responsible Programming   Introduction [1] A 3 News item covered a high-profile New Zealand equestrian’s reportedly controversial exclusion from Equestrian Sports New Zealand’s high performance squad....

Summary [This summary does not form part of the decision. ] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unresolved insurance claims participated in the programme. The Authority upheld a complaint that the broadcast breached the controversial issues and accuracy standards because the programme did not include the insurance industry's perspective and was misleading about the industry's willingness to participate in the programme. Upheld: Controversial Issues, Accuracy Order: Section 13(1)(a) – broadcast statement Introduction [1] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unsettled insurance claims participated in the programme....

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported on tensions between the Horowhenua Rowing Club and certain local Māori residents over the future of the club’s use of the building next to Lake Horowhenua. The Authority did not uphold a complaint that the item was inaccurate, unbalanced and unfair. The item carefully conveyed a complex issue, was not factually inaccurate and would not have misled viewers in any material respect. While the conflict surrounding the rowing club’s presence at Lake Horowhenua is a controversial issue of public importance, the item included the viewpoints of both parties and was sufficiently balanced. The item did not treat the nominated individuals unfairly, as they were not criticised and had a reasonable opportunity to give their views....

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the presenter’s editorial comments following the item were unbalanced, inaccurate and unfair. In making its decision, the Authority acknowledged the influential position of the presenters, but found that alternative views were conveyed during the item and in subsequent items during the period of current interest. The presenters’ comments were their opinion and analysis of the issues discussed, rather than statements of fact, so they were not subject to the accuracy standard....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the humanitarian crisis in Damascus following disruption of water supplies, caused by fighting between the Syrian army and rebel forces. During the item, the reporter said, ‘The outage came after the government attacked rebels holding the city’s main water source’. The Authority did not uphold a complaint that this item was biased and misleading by allegedly attributing blame for the water outages to President Bashar al-Assad, rather than the rebel forces. In the context of a brief item focused on the humanitarian impact of the conflict, the statement made by the reporter was a reasonable description of what occurred, and the omission of further information or different sources would not have left viewers misled or uninformed about the events covered by the item....

Summary[This summary does not form part of the decision. ]An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament. The item featured interviews with advocates for and against the legalisation of euthanasia in Aotearoa. The Authority did not uphold a complaint that the item was unbalanced or that the use of certain terms such as ‘euthanasia’ was inaccurate. The Authority recognised the legalisation of euthanasia is an important and ongoing issue of public importance in New Zealand. The Authority found that overall the item was sufficiently balanced and was unlikely to mislead or misinform viewers, so any restriction on the broadcaster’s freedom of expression would be unjustified. Not Upheld: Balance, AccuracyThe broadcast[1] An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament....

The Authority has declined to determine a complaint that a broadcast covering the name change of an investment and advisory group from ‘First NZ Capital’ to ‘Jarden’ was inaccurate finding that the complaint was frivolous, trivial and vexatious. The Authority ordered the complainant to pay a reasonable portion of costs to the broadcaster to compensate for the time and resources spent in dealing with the complaint. Declined to Determine: Accuracy Order: Section 16(2)(a) – $200 costs to the broadcaster...

The Authority has declined to determine a complaint regarding a broadcast discussing Fonterra’s write-down of assets and the Reserve Bank’s announcement of an official cash rate cut. The Authority considered that the complaint was trivial, frivolous and vexatious and raised matters which were not covered in the broadcast and amounted to the complainant’s personal preference rather than issues of broadcasting standards. Declined to Determine: Accuracy...

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 Noise Control and promo – followed noise control officers in Auckland – NCO called to a party – complainant shown in the background and speaking directly to the camera – allegedly in breach of privacy, fairness, accuracy and responsible programming standards Findings Standard 6 (fairness) – guideline 6c – complainant properly informed of the nature of his participation – item did not contain any unfair statements – complainant treated fairly – not upheld Standard 3 (privacy) – complainant identifiable but no private facts disclosed in the broadcast – complainant did not have an interest in solitude or seclusion – not upheld Standard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

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 19893 News – item reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic – interviewee and reporter used the term “nutters” – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 7 (discrimination and denigration) – “nutters” used to refer to person who is dangerous and deranged, and was not intended to comment on people with mental illness – item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community – not upheld Standard 1 (good taste and decency) – contextual factors – viewers would have understood intended meaning of “nutters” – not upheld This headnote does not form part of the decision....