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Decisions
Wakeman and Television New Zealand Ltd - 2004-154
2004-154

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

Decisions
Wilberg and Radio New Zealand Ltd - 2022-071 (1 May 2023)
2022-071

The Authority has upheld an accuracy complaint about RNZ news bulletins broadcast on 19 and 20 April 2022 reporting on the Government’s apparent delay in ending the MIQ system, despite recently released public health advice from November 2021 noting that a changed risk assessment meant MIQ would no longer be justified. The Authority found the items were misleading by omission as they gave a strong impression the advice stated MIQ should be wound up immediately (rather than through a ‘carefully managed transition’ to safely shift to a new system), and the Government had acted contrary to that advice. The Authority did not uphold the complaint under the balance standard. While finely balanced, noting the standard allows balance to be achieved over time, the Authority found RNZ’s later coverage (particularly on 20 April) adequately conveyed the Government’s perspective. Upheld: Accuracy. Not Upheld: Balance Order: Section 13(1)(a) broadcast statement...

Decisions
Girardin and Discovery NZ Ltd - 2023-039 (9 August 2023)
2023-039

The Authority has not upheld a complaint that an item on AM concerning the imminent arrival to Aotearoa New Zealand of Kellie-Jay Keen-Minshull, also known as Posie Parker, breached broadcasting standards. The complainant alleged the broadcast was unfair, inaccurate and denigrated Parker by describing her as ‘anti-trans’, that such a description ‘could well increase the likelihood of violent antisocial protests’ at her events, and that the item was also unbalanced. The Authority found that, given Parker’s views, the description ‘anti-trans activist’ was not unfair given its literal accuracy, and the brief item did not otherwise breach broadcasting standards. Not Upheld: Fairness, Accuracy, Promotion of Illegal or Antisocial Behaviour, Balance, Discrimination and Denigration...

Decisions
The Tobacco Institute of New Zealand Ltd and Television New Zealand Ltd - 2000-036
2000-036

Summary A documentary about cigarette smoking in New Zealand called "Up in Smoke" was broadcast on Assignment on TV One, between 8. 30pm and 9. 30pm on 23 September 1999. The Tobacco Institute of New Zealand Limited ("Tobacco Institute") complained to Television New Zealand Ltd, the broadcaster, that the programme was inaccurate, unfair and unbalanced in numerous ways. The Tobacco Institute also complained that the programme portrayed tobacco company executives and Maori women in a way which was likely to encourage discrimination against them. TVNZ responded that the programme was not unbalanced or unfair to the tobacco industry. In its view, the programme surveyed a broad range of relevant views about smoking, and included a tobacco industry perspective. TVNZ also disagreed that it had breached broadcasting standards relating to discrimination. TVNZ declined to uphold any aspect of the complaint....

Decisions
Marshall and Television New Zealand Ltd - 2021-138 (25 January 2022)
2021-138

A segment of Seven Sharp on 13 October 2021 reported on the COVID-19 vaccine. The complaint was the segment breached the balance, accuracy and fairness standards as the report incorrectly stated the vaccine was safe for people that are pregnant or breastfeeding. The Authority found the relevant statements were materially accurate. In any event, it was reasonable for TVNZ to rely on Dr Nikki Turner as an authoritative source. In dismissing material relied upon by the complainant to challenge the vaccine’s safety, the Authority also cautioned against the risk of contributing to misinformation by drawing conclusions from extracts of information without an understanding of the context. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

Decisions
Appleyard and NZME Radio Ltd - 2023-071 (20 November 2023)
2023-071

The Authority has upheld a complaint that it was inaccurate for the host of The Mike Hosking Breakfast to state, responding to listener feedback asking whether ‘striking teachers do all this on full pay’: ‘Well of course they do! …people who go on strike have always been on full pay. They're supported by the unions. ’ The Authority found: the statement was materially inaccurate in the context of the broadcast; text messages read out later in the programme commenting on the pay situation for teachers on rolling strikes as opposed to full strikes did not serve as a correction to Hosking’s earlier inaccuracy; and the broadcaster did not make reasonable efforts to ensure accuracy. The Authority found publication of the decision was sufficient to notify the breach of the accuracy standard and provide guidance to broadcasters, and no further orders were necessary. Upheld: Accuracy No Order...

Decisions
The University of Otago and Television New Zealand Ltd - 2019-082 (9 June 2020)
2019-082

The University of Otago (the University) complained that three broadcasts by TVNZ, about sexual assault allegations by former and current students of the University, breached the fairness, balance and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice. The complaint about Sunday was not upheld, but aspects of the complaint about Breakfast and 1 News were upheld. Overall, the Sunday programme was balanced, as it included comment from the University and was clearly signalled as coming from the perspective of the women interviewed. No material inaccuracies were identified, and the University was given a reasonable opportunity to respond. However, the Breakfast and 1 News items focussed more specifically on perceived shortcomings of the University and its decision not to be interviewed, resulting in unfairness to the University. The Authority also found that the Breakfast programme lacked balance....

Decisions
Hilless and Television New Zealand Ltd - 2020-028 (16 December 2020)
2020-028

The Authority has upheld a complaint that an item on Fair Go was unfair to the fencing contractor investigated. The Authority found that the fencing contractor was not treated fairly, due to the way he was set-up to be interviewed (under the guise of calling him to a job) and because he was not given a fair and reasonable opportunity to respond to the allegations made against him in the programme. The Authority also found that the inclusion of information about the contractor’s past which had a criminal element was unfair as it was not relevant to the issues being investigated in this item and contributed to an unfairly negative impression of him. The accuracy complaint was not upheld as the item did not mislead or present inaccurate information, and the balance standard did not apply as the item did not discuss a controversial issue of public importance....

Decisions
Redback Develop Ltd and Māori Television Service - 2013-070
2013-070

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....

Decisions
Loder and Dennis and MediaWorks Radio Ltd - 2018-011 (8 May 2018)
2018-011

Summary[This summary does not form part of the decision. ] During Afternoon Talk with Wendyl Nissen, Ms Nissen interviewed Police Association President, Chris Cahill. Mr Cahill discussed a recent survey which indicated an increase in police being threatened by firearms. Mr Cahill expressed his views on the potential causes of this increase, the links between the increase and the increase of methamphetamine in New Zealand, the arming of police officers, the use of MSSA (military-style, semi-automatic) firearms, and firearm registration. The Authority did not uphold two complaints that the interview breached the balance standard. The Authority found that the broadcast was a light-touch interview, albeit on a serious topic, which created an audience expectation that the interview was approaching the firearms issues from Mr Cahill’s perspective and that it did not purport to be an in-depth balanced examination of the issues raised....

Decisions
Govind and Television New Zealand Ltd - 2015-080 (28 January 2016)
2015-080

Summary[This summary does not form part of the decision. ]An item on ONE News reported that an increasing number of beneficiaries were being banned from Work and Income offices due to heightened security as a result of the fatal shootings at a WINZ office in 2014. The reporter interviewed a beneficiary who said that this was ‘no surprise’ because dealing with WINZ is ‘frustrating’. The Authority did not uphold a complaint that the comments from the beneficiary were irresponsible and encouraged violence. The focus of the item was on security at WINZ offices and the beneficiary was relating his personal experience; the item did not advocate violence....

Decisions
Shen and Television New Zealand Ltd - 2016-097 (19 April 2017)
2016-097

Summary [This summary does not form part of the decision. ]Seven Sharp featured a story about two local residents, labelled ‘herb detectives’, who were determined to track down the man they believed was responsible for stealing their herbs. The reporter and the ‘herb detectives’ visited the local market looking for the alleged thief and spoke to a woman, Shunfang Shen, who was selling herbs. The reporter asked Mrs Shen where her herbs were from, and one of the residents said, ‘It looked very much like my mint. ’ The Authority upheld a complaint from Mrs Shen that the action taken by TVNZ, in upholding her complaint that the item was inaccurate and unfair, was insufficient. The Authority acknowledged that TVNZ attempted to remedy the breach of standards, including by broadcasting a correction several days after the item....

Decisions
Smith and MediaWorks TV Ltd - 2018-062 (26 October 2018)
2018-062

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a Newshub promo that stated ‘over 3 million Kiwis [get their news from Newshub]’ breached the accuracy standard. The complaint was that the promo did not indicate the reference to ‘over 3 million Kiwis’ was a ‘reach’ number (ie a statistical estimate on total audience numbers), and that the omission of information about the source and research methodology used to arrive at the 3-million figure resulted in the promo being misleading. The Authority found the use of the statistic in the promo was unlikely to mislead viewers or significantly affect their understanding of the promo as a whole, taking into account the nature of the promo as a piece of station branding or marketing, rather than a news or current affairs item....

Decisions
Parlane and Radio New Zealand Ltd - 2019-075 (4 February 2020)
2019-075

The Authority declined to determine a complaint regarding a news item covering the expansion of a sexual violence court pilot. The complainant submitted that the victim advocate interviewed in the item should not have been interviewed and should not have been referred to as a rape survivor. The Authority concluded that, in all the circumstances of the complaint, it should not be determined by the Authority. The Authority found the concerns raised in the complaint are matters of editorial discretion and personal preference rather than broadcasting standards, and are therefore not capable of being determined by the broadcasting standards complaints procedure. Declined to determine: Good Taste and Decency, Programme Information, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
Golden and Radio New Zealand Ltd - 2013-028
2013-028

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – interview with Sir Stephen Tindall – Sir Stephen made very brief reference to Joan Withers as a trustee of one of his projects – allegedly in breach of accuracy, fairness and responsible programming standardsFindingsStandard 5 (accuracy), Standard 6 (fairness), Standard 8 (responsible programming) – Authority has previously declined to determine similar complaints from Mr Golden – complaint is trivial and bordering on vexatious for Mr Golden to continue referring similar complaints following Authority’s previous rulings – Authority declines to determine the complaint in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Decisions
Rivers and Radio New Zealand Ltd - 2023-082 (7 November 2023)
2023-082

The Authority has not upheld a complaint that a broadcast of Mediawatch, which contained commentary on a recently released Media Council decision concerning an article about puberty blockers, breached the balance, accuracy and fairness standards. The Authority found the programme was sufficiently balanced, noting its focus was on the Media Council’s decision (including its implications for journalists) and that it did not purport to be a balanced examination of the safety or reversibility of puberty blockers. It found alleged inaccuracies in the broadcast constituted comment, analysis or opinion to which the accuracy standard does not apply. Taking into account the Media Council’s role as a public-facing organisation, the Authority noted it can reasonably expect its decisions to be subject to public scrutiny, and found the critique of its decision did not result in unfairness. Not Upheld: Balance, Accuracy, Fairness...

Decisions
Hart and Radio New Zealand Ltd - 2024-002 (8 April 2024)
2024-002

The Authority has not upheld a complaint that a statement on RNZ National that the new Government ‘plans to repeal Smokefree legislation to fund tax cuts’ breached the accuracy and balance standards. The Authority found the accuracy standard was not breached noting other content within the broadcast and interviews with National Party members before the programme meant audience members were unlikely to be misled. The balance standard did not apply. Not Upheld: Accuracy, Balance...

Decisions
Foster and Television New Zealand Ltd - 2020-121 (16 March 2021)
2020-121

An item on 1 News (sourced from the BBC) reported on the impact of sea ice decline on polar bears, including a statement by the reporter, ‘At the current rate of warming, the researchers say all but a few polar bear populations will collapse before 2100. ’ The complainant alleged climate change was not threatening polar bears as reported in the item. The Authority found the broadcaster was entitled to rely on internationally reputable sources in the report and had made ‘reasonable efforts’ as required by the accuracy standard. Reporting on the predicted future impact of declining sea ice on polar bear survival as shown in studies did not amount to a discussion of a controversial issue, so the balance standard did not apply. Not Upheld: Accuracy, Balance, Programme Information...

Decisions
Singh & Singh Bassi and Access Community Radio inc - 2019-045 (16 December 2019)
2019-045

The Authority has upheld complaints from two complainants about a segment of Punjabi talkback programme Panthak Vichar, broadcast on Access Community Radio Inc (Planet FM). During the programme, the hosts made a number of allegations against the complainants, regarding their fundraising activities and whether they were trustworthy, and played a recorded phone conversation with Jaspreet Singh on-air. The Authority found that the comments reflected negatively on the complainants, and that Jaspreet Singh would not have known that the phone call would be played on-air. The Authority upheld the complaint under the fairness standard but did not uphold the remaining aspects of the complaint. Upheld: Fairness. Not Upheld: Accuracy, Privacy, Good Taste and Decency, Programme Information, Discrimination and Denigration...

Decisions
Dobson and Discovery NZ Ltd - 2022-140 (7 March 2023)
2022-140

The Authority has declined to determine a complaint alleging AM breached the accuracy and balance standards. The programme included an interview with Opposition Leader Christopher Luxon, where the presenter read Luxon a series of words the public associated with him. The host then asked Luxon’s opinion on the ‘some of the worst’ words the public had associated with Prime Minster Jacinda Ardern. The Authority considers the broadcaster adequately addressed the complaint in the first instance, and declines to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to determine (section 11(a) of the Broadcasting Act 1989 –  trivial): Accuracy, Balance...

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