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Summary[This summary does not form part of the decision. ]An item on 1 News reported on the trial of Colin Mitchell, who was found guilty of the kidnapping and sexually motivated attack of a young woman. During the item, the reporter stated: ‘DNA evidence from [Mr Mitchell’s] toothbrush matched that found on and inside the pair of gloves left at the quarry; 800,000 million times more likely to have come from Mitchell than anyone else’ [our emphasis]. The Authority declined to determine a complaint that the reporter’s statement was inaccurate because it did not take into account the possibility that Mr Mitchell had an identical twin, or that DNA evidence could have been falsified or planted. The Authority found the complaint was frivolous and trivial....

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....

Summary [This summary does not form part of the decision. ] An item on Story covered the ongoing story of presenter Heather du Plessis-Allan’s mail-order purchase of a firearm for an earlier item, and the subsequent police investigation and search of her house. The Authority did not uphold a complaint alleging that the presenter’s reference to ‘legal loopholes’ within the mail-order firearm purchase system was inaccurate and unfair to the parties concerned because the firearm was procured illegally. The presenter used the term ‘loophole’ rather than ‘legal loophole’ and this was an accurate description of the mail-order system prior to police action. The item further did not unfairly represent the purchase process or otherwise result in unfairness to any individual or organisation referred to....

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the world’s first legally recognised Pastafarian wedding between two members of the Church of the Flying Spaghetti Monster (CFSM). The reporter referred to the CFSM as a ‘spoof religion’, and stated, ‘Pastafarians believe that pirates are supreme beings from which all humans evolved, and it’s an official religion’. The Authority did not uphold a complaint that describing the CFSM as a ‘spoof religion’ was denigrating, disrespectful and discriminatory. It took the view that the broadcaster’s reference to the Church as a ‘spoof religion’ was an opinion which was available to be taken and able to be expressed, and that the high threshold required for discrimination and denigration to be established had not been reached. The Authority also did not uphold a complaint that the reference to pirates as ‘supreme beings’ was inaccurate....

Summary [This summary does not form part of the decision. ]A documentary called Jungle Rain reported on the use of Agent Orange in the Vietnam War, and the long-term effects of this on New Zealand veterans and their families. The Authority did not uphold the complaint that the documentary was alarmist and misleading. The documentary largely comprised the personal opinions and experiences of the interviewees, and contained balancing comment. Not Upheld: Accuracy, BalanceIntroduction[1] A documentary called Jungle Rain reported on the use of herbicides including Agent Orange in the Vietnam War, and the long-term effects of this on New Zealand veterans and their families. The documentary was broadcast on TVNZ Heartland on 13 March 2014....

Download a PDF of Decision No. 1990-016:Hon Richard Prebble MP and Television New Zealand Ltd - 1990-016 PDF2. 82 MB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on Hone Harawira’s travel expenses – stated that he “racked up a $35,000 travel bill. . . that’s almost $4000 more than the Māori Party’s total travel bill” – allegedly inaccurate and unfair to Mr Harawira FindingsStandard 5 (accuracy) – comparison based on Parliamentary Service expenditure only – failed to mention that Māori Party MPs also received funds from Ministerial Services – created misleading impression that Mr Harawira spent more than the entire Māori Party on travel – upheld Standard 6 (fairness) – Hone Harawira is a political figure who should expect robust criticism – not unfair – not upheldNo Order This headnote does not form part of the decision. Broadcast[1] An item on One News, broadcast at 6pm on Thursday 28 April 2011, reported on MP Hone Harawira’s travel expenses....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Kāea – item reported on Anglican Church deacon who was allegedly stood down after making a complaint about a man he alleged was the subject of a sexual abuse inquiry – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not appear to take any steps to corroborate essential facts of the broadcast – unfair to omit other reasons for the deacon’s suspension – given the seriousness of the allegations, the church was not provided with a fair and reasonable opportunity to comment – item was unfair to the church and the Bishop – upheld Standard 5 (accuracy) – it is not the Authority’s role to make a finding on the merits of the alleged sexual abuse and whether this was accurately portrayed in…...

Summary [This summary does not form part of the decision. ] Seven Sharp reported on the Russian government banning adoptions of its orphans by New Zealand couples, because of New Zealand’s marriage equality legislation. The reporter referred to Vladimir Putin as ‘homophobic’. The Authority did not uphold the complaint that this was inaccurate and misleading. The comment was clearly analysis and commentary by the reporter, rather than a material point of fact, so it was not subject to standards of accuracy. Not Upheld: Accuracy Introduction [1] A Seven Sharp item reported that the Russian government had banned adoptions of Russian children by New Zealand couples, because of New Zealand’s same-sex marriage legislation. The reporter referred to ‘old homophobic Vladimir Putin’. The item was broadcast on TV ONE on 3 July 2014. [2] Terry Wallbank complained that the reporter’s reference to Mr Putin as homophobic was inaccurate, biased and misleading....

Summary[This summary does not form part of the decision. ]An item on ONE News reported that a recent avalanche in the Austrian Alps had killed five skiers. The presenter stated the avalanche was ‘reported to be two kilometres wide and five kilometres high’. A second item on ONE News discussed plans for a new dairy factory in Northland. The reporter said, ‘He’s [farmer interviewed] been in the dairy industry for two years and has record low pay-outs, the latest forecast at around four dollars’. The Authority did not uphold a complaint that the reference to the avalanche being ‘five kilometres high’ and the reference in the dairy item to a ‘Fonterra pay-out of $4 per annum’ were inaccurate and misleading....

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. 1993-132:Timms and Television New Zealand Ltd - 1993-132 PDF573. 13 KB...

Summary [This summary does not form part of the decision. ]The host of current affairs programme Outspoken interviewed two experts about the possibility of a special legal commission in New Zealand to investigate allegations of miscarriages of justice. The Authority declined to determine the complaint that the broadcast breached standards because it did not mention alleged government corruption as one of the contributing factors to such injustice. Mr Golden has repeatedly referred similar complaints, which are based on his personal preferences and are matters of editorial discretion, not broadcasting standards. Declined to Determine: Accuracy, Fairness, Responsible ProgrammingIntroduction[1] During Outspoken, a half-hour current affairs programme, the host interviewed two experts about the possibility of a special legal commission in New Zealand to investigate allegations of miscarriages of justice....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and Tonight – allegations of gang-related bullying at Taradale High School – item reported that petition given to school board by students – reported that petition was against bullying and sought to have students responsible removed – One News referred to troublemaking students as “Black Power bullies” – Tonight referred to them as “Black Power babies” – allegedly in breach of standards relating to balance, accuracy, fairness and children’s interestsFindingsMr Calcinai’s complaintStandard 5 (accuracy) – item implied that Board of Trustees took no action until presented with students’ petition – inaccurate – petition did not request board to remove students referred to as “Black Power babies” – inaccurate – situation described as “bullying” – was in fact two conflicting parties – not made clear in item – inaccurate – upheld Standard 6 (fairness) – unfair to school’s reputation to suggest gang-related…...

ComplaintGive It a Whirl – documentary – stories from rock'n'roll era in New Zealand – included comments about a 1960s music show C'mon – ‘apple incident' recalled and comments said to be inaccurate and unfair Findings Standard 5 – majority – evidence sufficient to conclude that incident did not occur – uphold – minority – anecdote not expected to be entirely accurate – no uphold Standard 6 – evidence sufficient to rule that complainant treated unfairly – uphold No Order This headnote does not form part of the decision Summary [1] Give It a Whirl was a documentary series about the rock'n'roll era in New Zealand. An episode broadcast on TV One at 8. 40pm on 2 June 2003 referred to C'mon – a televised national music show in the 1960s....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

Complaint60 Minutes – Dover Samuels – Police investigation found insufficient evidence to prosecute – inaccurate to state he was "cleared" of the charges FindingsStandard G1 – inaccurate use of the word "cleared’ – does not mean "insufficient evidence" – uphold No Order This headnote does not form part of the decision. Summary A 60 Minutes item, broadcast on 17 December 2000 on TV One at 7. 35pm, looked into allegations made against Dover Samuels MP, which had been forwarded to the Police by the Prime Minister. Near the end of the item, the reporter stated that Mr Samuels had been "cleared" of previous allegations investigated by the Police. Peter Low complained to Television New Zealand Ltd, the broadcaster, that TV One had been inaccurate in using the word "cleared". Mr Low explained that the Police had used the term "insufficient evidence"....