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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – item about violence encountered by staff working with dementia patients – contained interviews with a nurse working in a dementia ward, a representative from the Nurses Organisation and a spokesperson from the Ministry of Health – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (controversial issues – viewpoints) – broadcaster presented the required significant viewpoints – perspective of care providers not vital to discussion – not upheld Standard 5 (accuracy) – comment complained about was not a statement of fact – not upheld Standard 6 (fairness) – people and organisations taking part and referred to treated fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News ­– item on Big Wednesday Lotto draw – presenter stated that ticket holders had a one in 2. 7 million chance of winning – allegedly inaccurate FindingsStandard 5 (accuracy) – item technically inaccurate – upholding the complaint would place an unjustified limitation on the broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] A One News item, broadcast at 6pm on Wednesday 10 June 2009, reported on a Lotto “Big Wednesday” draw that had jackpotted to twenty million dollars. The presenter introduced the item by saying: In just over an hour, some lucky punter could be twenty million dollars richer in what would be the country’s largest ever Lotto win. Big Wednesday’s jackpotted to include twenty million dollars cash, there’s only a one in 2....

Chair Joanne Morris declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about proposed Private Member’s Bill – said “a National MP’s plan to give more young people a chance of a job looks doomed to fail” – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item did not leave the impression that the bill was a positive thing – focused on the fact that the bill looked set to fail – appropriate range of significant perspectives presented – not upheld Standard 5 (accuracy) – introduction did not state as a fact that the bill would give young people more jobs – only stated that this was “a National MP’s plan” – not inaccurate – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looking at possible reasons for high crime statistics for young Māori – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – item did not purport to cover all perspectives – discussed one part of the wider issue – period of current interest still open – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Māori community or the youths interviewed – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes entitled “Māori Challenge” was broadcast on TV3 at 7. 30pm on 18 April 2005. The item explored a possible link between the high rate of Māori criminal offending and the way in which male aggression may be seen as important to Māori identity, particularly through the haka....

Chair Joanne Morris declared a possible conflict of interest because of knowing one of the complainants and also as a member of the Waitangi Tribunal that was to hear the foreshore and seabed claims, so did not participate in the determination of these complaints....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item reported ongoing dissension at the Berakah Retreat among some members as to action which had been taken about a former member who had abused children – former member had been dismissed from Retreat and parents did not press charges – complainant responsible for oversight of Retreat – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – suggestion that Trust acted largely to protect its own reputation – use of Ku Klux Klan imagery – use of secret recording of meeting and imagery used – accumulation of matters – majority decision that it was unfair – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – omission of full reasons for dismissal of dissident members not misleading given item’s focus – other omissions dealt with as fairness issues – not upheldNo…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the release of the Government’s Budget that day – discussed impact of the budget on a range of New Zealanders including three “high earners” – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – brief references to the incomes of three high earners did not amount to a discussion of a controversial issue – not upheld Standard 5 (accuracy) – statements about the impact of the budget on three high earners were not material points of fact – viewers would have understood that the point being made was that they would have more money each week than lower earners – not misleading or inaccurate – not upheld Standard 6 (fairness) – references to incomes of high earners did not result in them being treated unfairly – not upheld This headnote does not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – police interviewed a man with cerebral palsy, Bradley, who was the victim of an alleged assault and robbery – police detective allegedly told Bradley that the filming was for Police Ten 7 but no further explanation was given – made comments that questioned the veracity of Bradley’s story and showed footage of his high-heeled shoes – allegedly in breach of standards relating to privacy, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – Bradley was not fully informed of the nature of the programme and his participation and there was insufficient public interest to justify the broadcast of the footage (guideline 6c) – Bradley treated unfairly – upheld Standard 3 (privacy) – Bradley was identifiable but no private facts were disclosed and filming was in a public place – Bradley was not particularly vulnerable – not upheld Standard…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – wanted offender described as “possibly Māori but pale skinned” and “possibly Māori, [with a] light complexion” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration standards FindingsStandard 7 (discrimination and denigration) – segment did not encourage the denigration of, or discrimination against, Māori as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] A segment on Police Ten 7 profiled an aggravated robbery of a bar in Christchurch. Viewers were told that it was committed by three men, two armed with guns and one armed with a crowbar. The segment included security footage of the robbery, outlined the facts of the case, and outlined ways that viewers may be able to help police identify the offenders....

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…...

Summary [This summary does not form part of the decision. ]An item on One News reported on overseas studies showing that even low levels of air pollution can be harmful. The Authority did not uphold the complaint that the comment that ‘the European Union’s recommended standard… is even more stringent than the standard here’, and the accompanying graphic, were inaccurate. Taken in the context of the whole item, the statement was sufficiently clarified so viewers would not have been misled. The key message was that air pollution is a serious problem impacting on public health, so New Zealand should consider adopting standards applied in other countries, not currently applied here. Not Upheld: Accuracy Introduction[1] An item on One News reported on overseas studies showing that even low levels of air pollution can be harmful....

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Summary [This summary does not form part of the decision. ]A special investigation on Native Affairs reported the concerns of some members of Kōhanga Reo about the governance and management of Te Kōhanga Reo National Trust. The report focused on allegations that the trust board had too much power and not enough accountability, and its alleged mismanagement of public funds. The Authority did not uphold the complaint from the trust board that the story was inaccurate, unfair and unbalanced. The story had very high public interest and was a legitimate investigation of the financial activities of the trust and its subsidiary, Te Pātaka Ōhanga. The story was largely framed as being from the perspective of the interviewees, and the trust was given a fair and reasonable opportunity to respond to the claims made....

Summary[This summary does not form part of the decision. ]A Prime News item reported on the trial of a former Nazi guard at Auschwitz and referred to the camp as a ‘Polish camp’. The complainant alleged this statement was inaccurate because it was not a ‘Polish camp’, but was rather a Nazi camp located in Poland. The Authority recognised that the labelling of concentration camps as part of the Nazi regime remains a sensitive issue and one of historical importance, which broadcasters should be mindful of when choosing the language to be used. Nevertheless, in the context of the item the Authority did not consider that viewers would have been misled. Not Upheld: Accuracy, FairnessIntroduction[1] An item on Prime News reported on the trial of a former Nazi guard as follows: A former Auschwitz guard has gone on trial in Germany for 170,000 counts of accessory to murder. ....

Summary[This summary does not form part of the decision. ]An episode of The Nation discussed whether colonial figures were still worthy of commemoration, particularly when their actions were re-evaluated against 21st century values. An edited version of the report also appeared on Newshub. Both items featured excerpts from an interview with historian, Dr Jock Phillips, who provided comments on a South Auckland memorial to Colonel Marmaduke Nixon. Dr Phillips described Colonel Nixon’s involvement in events that occurred at Rangiaowhia in 1864 as ‘an appalling act of genocide’ and ‘a terrible atrocity’. The Authority did not uphold a complaint that the items lacked balance and were inaccurate. The items did not purport to provide a comprehensive examination of what occurred at Rangiaowhia....

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 item lacked balance and was misleading by failing to accurately present the perspective of the New Plymouth public who were opposed to Mr Judd’s proposed reforms. While it was framed primarily as a profile piece on Mr Judd, the item’s discussion of the proposed Māori ward triggered the requirement for balance....

An appeal against this decision was dismissed in the High Court: CIV-2017-485-71. 12 MBSummary[This summary does not form part of the decision. ]An item on Paul Henry about Independence Day celebrations in the USA featured an interview with the USA’s Ambassador to New Zealand. Prior to the interview, Paul Henry referred to the USA claiming ‘its independence from England’. He later quoted Margaret Thatcher, referring to her as the ‘Prime Minister of England’. The Authority did not uphold a complaint that Mr Henry’s statements were inaccurate and discriminatory in that he should have referred to Great Britain or the United Kingdom, rather than England. The item was focused primarily on Independence Day celebrations and the statements would not have affected viewers’ understanding of the item as a whole....

Summary[This summary does not form part of the decision. ]A Breakfast bulletin reported that Auckland's Okahu Bay would be closed to the public for one day due to a private event held by local iwi Ngāti Whātua Orākei. The Authority did not uphold the complaint that the item was inaccurate, unfair and encouraged discrimination by omitting the views of Ngāti Whātua and implying their actions were 'wrong'. It would have been preferable to include comment from Ngāti Whātua in the initial broadcast, and by failing to fully explain why Okahu Bay was closed, viewers could have been left with an ill-informed, negative view of Ngāti Whātua. However comment was included in later TVNZ broadcasts the same day which mitigated any potential unfairness. Nothing in the item encouraged the denigration of, or discrimination against, Ngāti Whātua and/or Māori....

Summary[This summary does not form part of the decision. ]Two items on 3 News reported on two cases of Talley's Group paying compensation to employees for work accidents at its freezing works. The items featured interviews with both workers and referred to their Employment Relations Authority (ERA) cases. The Authority did not uphold a complaint that the items were inaccurate and unfair to AFFCO Holdings Ltd, the subsidiary of Talley's Group which owns the freezing works. The broadcaster was entitled to report key parts of the ERA judgments, and AFFCO was given a fair opportunity to comment. Not Upheld: Accuracy, Fairness Introduction[1] Two items on 3 News reported on Talley's Group paying compensation to employees for work accidents at its freezing works....