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Decisions
Wilson Parking New Zealand Ltd and Television New Zealand Ltd - 2020-162 (21 December 2020)
2020-162

The Authority did not uphold a complaint that a Seven Sharp item referring to Wilson Parking breached the accuracy and fairness standards. The item covered a dispute between a carpark customer and Wilson Parking. A Fair Go consumer advocate also provided general advice to people about their rights in relation to parking fines. In the context of providing general information to viewers from a consumer advocacy perspective, the advice did not breach the accuracy standard. The Authority also found the broadcast did not breach the fairness standard. It noted that Wilson Parking had been given an opportunity to comment on the specific customer’s situation and, as a multinational company, could reasonably have been expected to be aware that the programme would use the specific situation to discuss the company’s wider operations. It could have expanded the statement provided to the broadcaster.   Not Upheld: Accuracy, Fairness...

Decisions
Real Nappies Ltd and Television New Zealand Ltd - 2020-148 (31 March 2021)
2020-148

The Authority has not upheld a complaint that an item on Fair Go dealing with the ‘flushability’ of nappy liners breached the accuracy, fairness, privacy and balance standards. The Authority found the programme was not inaccurate or misleading in suggesting the liners were not ‘flushable’. It found the complainant was not treated unfairly as a result of the broadcast of a recorded ‘cold call’ and the complainant’s views were fairly reflected in the programme. It also found there was no breach of privacy standards and the balance standard did not apply as the programme did not deal with a controversial issue of public importance. Not Upheld: Accuracy, Fairness, Privacy, Balance...

Decisions
Bancilhon and Television New Zealand Ltd - 2022-094 (7 December 2022)
2022-094

An item on 1 News reported on the outcome of the US defamation trial between Johnny Depp and Amber Heard. The Authority did not uphold a complaint that the item lacked balance by favouring Heard’s perspective and that certain statements were inaccurate or misleading. It found the balance standard did not apply as the complainant’s concerns did not relate to the omission of perspectives concerning a controversial issue of public importance as required. In any event, reasonable efforts were made to present Depp’s perspective. In relation to the statements that were allegedly inaccurate or misleading, the Authority found they were either materially accurate, or distinguishable as analysis, comment or opinion to which the accuracy standard did not apply. Not Upheld: Balance, Accuracy...

Decisions
Matekohi & Rolleston and Māori Television Service - 2021-069 (27 October 2021)
2021-069

The Authority has not upheld a complaint about a Te Ao Māori News report on a   protest against Te Uru Taumatua (the Tūhoe governing authority). It found the discrimination and denigration standard did not apply as the broadcast was about individuals or an organisation rather than a recognised section of society as contemplated by the standard. It also found the broadcaster made reasonable efforts to present significant points of view in the programme, the alleged inaccuracies were either not inaccurate or not materially misleading and Te Uru Taumatua and Terehia Biddle were treated fairly in the broadcast. Not Upheld: Discrimination and denigration, Balance, Accuracy, Fairness...

Decisions
Drinnan and Radio New Zealand Ltd - 2021-083 (22 September 2021)
2021-083

The Authority has not upheld a complaint alleging an interview with Waikato University senior lecturer in psychology Dr Jaimie Veale was inaccurate and unbalanced. While the item discussed a controversial issue of public importance, the selection of a transgender woman to the New Zealand Olympic team, it was clearly signalled as coming from a particular perspective. It focused on one aspect of the issue, the potentially stigmatising effect of the debate on trans people, and was part of a range of media coverage on the issue. The Authority also found there was nothing inaccurate or misleading in the way Dr Veale was introduced. Not Upheld: Balance, Accuracy...

Decisions
Erickson & Smith and Television New Zealand Ltd - 2022-128 (7 March 2023)
2022-128

The Authority has not upheld two complaints relating to a news item reporting on ANZ increasing mortgage interest rates, which showed a brief exchange between National Party Finance Spokesperson Nicola Willis and Finance Minister Hon Grant Robertson during Question Time in Parliament. The complainants alleged the broadcast breached the accuracy and fairness standards as the broadcaster edited the footage of Robertson’s response to Willis’s question to make him seem unsympathetic and evasive. The Authority found the way in which the broadcast was edited was not likely to give the impression that Robertson did not fully address Willis’s question, and that Robertson was not treated unfairly. Not Upheld: Accuracy, Fairness...

Decisions
Sharifi and Discovery NZ Ltd - 2023-009 (14 June 2023)
2023-009

The Authority has not upheld a complaint a report on a demonstration against the Iranian regime by members of the Iranian community in Auckland breached the accuracy standard. The reporter noted demonstrators were also asking the Government to consider allowing 100 Iranian women to come and study in New Zealand. The complainant, who was present at that demonstration, considered this statement was inaccurate as it did not reflect demonstrators’ views and should have been attributed to the organiser personally. The Authority did not consider the broadcast breached the standard as it was reasonable in the circumstances for the broadcaster to rely on the organiser’s press release, which included the above demand, in reporting on the demonstrators’ demands. Not Upheld: Accuracy...

Decisions
Williamson and Television New Zealand Ltd - 2022-010 (7 March 2022)
2022-010

The Authority has not upheld a complaint about footage on a 1 News item of a person’s negative reaction after receiving a COVID-19 nasal swab. The Authority acknowledged the high public value and education in news reporting about COVID-19 testing and found the footage was unlikely to cause widespread undue offence. The law and order, balance, and accuracy standards did not apply or were not breached. Not Upheld: Good Taste and Decency, Law and Order, Balance, Accuracy...

Decisions
Greek Orthodox Community of Wellington and Suburbs Inc and Radio New Zealand Ltd - 1999-001
1999-001

Summary In an item concerning the plight of ethnic Albanian refugees it was reported, in a broadcast on National Radio on 17 September 1998 at 6. 12pm, that they had been prevented by the Serbian army from returning to Albania and were unwelcome in Macedonia to the south. The secretary for the Greek Orthodox Community of Wellington and Suburbs Inc complained on its behalf to Radio New Zealand Ltd that it was inaccurate, and in direct contravention of a UN resolution, to describe the Former Yugoslav Republic of Macedonia simply as Macedonia. It also complained that RNZ had failed to show balance, impartiality and fairness in its presentation of the item. In its response, RNZ pointed out that controversy still existed over the name of the country and it contended that no inaccurate understanding had been conveyed....

Decisions
Bluck and Television New Zealand Ltd - 2001-008
2001-008

ComplaintTV One – coverage of Olympic Games opening ceremony advertised as being live – untruthful and inaccurate FindingsStandard G1 – implication perhaps misleading – no incorrect facts broadcast – no uphold This headnote does not form part of the decision. Summary The Olympic Games Opening Ceremony was broadcast on TV One on the evening of 14 September 2000. Advertising breaks were included during the programme. Bryan Bluck complained to Television New Zealand Ltd, the broadcaster, that the extensive advertising prior to the opening of the Olympic Games implied that the broadcast would be live. In fact, he said, after the first advertising break, it was a delayed telecast. He emphasised that his complaint was not that the programme contained advertising, but that the promotions had implied it would be a direct broadcast rather than a delayed one....

Decisions
Rajan and Access Community Radio Auckland Inc - 2000-008
2000-008

SummaryDuring the New Zealand Tamil Society’s programme broadcast on Access Community Radio Auckland Inc on 5 September 1999 at 8. 35pm, a text was read out concerning the Nallur Kandaswamy Temple of Sri Lanka. A Theva Rajan complained to Access Community Radio Auckland Inc, the broadcaster, that the text contained four factual errors. He said he had pointed them out to the programme’s presenter and asked for a correction to be broadcast, but that was not done. Access Radio’s response emphasised that the matters complained about were events of historical interest and although the historical findings were in contention among scholars, they were not controversial matters to the general population. The station offered Mr Rajan the opportunity to broadcast a programme of an equivalent length of time. For the reasons given below, the Authority declines to determine the complaint....

Decisions
Yeldon and Television New Zealand Ltd - 2004-029
2004-029

ComplaintDocumentary New Zealand – Mental Breakdown – three people suffering from serious mental illness – released into community – tragic results – documentary said to be unbalanced and inaccurate, and to have denigrated the mentally ill Findings Standard 4 – item’s focus on three cases where the mental health system had failed – balanced in view of narrow focus – not upheld Standard 5 – accurate in view of item’s focus – not upheld Standard 6 and Guideline 6g – no discrimination against or denigration of mentally ill in view of item’s focus – not upheldThis headnote does not form part of the decision Summary [1] Three cases involving people suffering from serious mental illness who were released into the community with tragic results were examined in a documentary broadcast on TV One. The programme Documentary New Zealand – Mental Breakdown was screened at 8....

Decisions
Wasan International Co Ltd and Kang and Television New Zealand Ltd - 2004-145
2004-145

Complaint under section 8(1)(a) of the Broadcasting Act 1989Asia Down Under and One News – One News item replayed significant footage screened on Asia Down Under earlier in the morning – programmes addressed issue of need for regulation of immigration consultants – profiled situation of Korean family, the Yangs, who were seeking permanent residency in New Zealand – outlined Yangs’ dealings with immigration consultancy firm Wasan International Co Ltd and its director Edward Kang – discussed high fees charged and lack of success in their applications to date – Asia Down Under team arrived unannounced at Wasan Ltd’s offices and requested interview with Mr Kang – used comments on wider issue from Immigration Minister Paul Swain – used comments from representative of New Zealand Association for Migration and Investment – Asia Down Under reported police and NZAMI investigations of Wasan Ltd – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance)…...

Decisions
Saxe and Television New Zealand Ltd - 2009-165
2009-165

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported one woman’s experience with receiving poor quality healthcare from The Palms Medical Centre in Palmerston North – Health and Disability Commissioner upheld her complaint about the centre – item named and showed footage from a previous item of one of the doctors involved – allegedly in breach of privacy, controversial issues, accuracy and fairness FindingsStandard 6 (fairness) – medical centre was told that Kay Shirkey was being interviewed about her experience at The Palms and that the story would be critical of the centre – Dr Saxe was her primary doctor – reporters asked several times to interview someone at the centre – not unfair – not upheld Standard 3 (privacy) – no private facts revealed about Dr Saxe – not upheld Standard 4 (controversial issues – viewpoints) – story focused on Ms Shirkey’s experience with The Palms – no discussion…...

Decisions
Sunde and Television New Zealand Ltd - 1999-243
1999-243

Summary A soccer game between Croatia and Yugoslavia ended in a riot, according to a news item on One Network News broadcast on TV One on 19 August 1999 between 6. 00–7. 00pm. The footage which accompanied the item showed baton-wielding police, players and spectators fighting on the soccer field. Gordon Sunde complained to Television New Zealand Ltd, the broadcaster, that the item had been fabricated and was totally misleading. The game, he said, had been played without incident. The video clip shown related to a game which had been played between the same two countries in 1991 and had no relationship to the one being reported. He sought an apology and correction. TVNZ responded to the complaint informally and advised that a correction would be prepared for broadcast. It explained that the footage had been used by mistake and apologised to Mr Sunde....

Decisions
Young and CanWest TVWorks Ltd - 2007-058
2007-058

Complaint under section 8(1)(a) of the Broadcasting Act 1989Meaty – footage of Akon’s concert in Trinidad – Akon filmed simulating sexual intercourse on stage with a 14-year-old girl – allegedly in breach of law and order, accuracy, fairness, children’s interests and violence standards Findings Standard 2 (law and order) – item did not promote, condone or glamorise criminal activity – not upheld Standard 5 (accuracy) – accuracy standard did not apply – not upheld Standard 6 (fairness) – no specific individual identified by the complainant – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – item lacked an appropriate warning – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Meaty, broadcast on C4 at 8....

Decisions
Jensen and Radio New Zealand Ltd - 2006-117
2006-117

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – item about industrial action by Progressive Enterprises and potential involvement of Maritime Union – host interviewed Maritime Union general secretary – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – statement complained about was peripheral to the controversial issue of public importance under discussion – host not required to challenge every statement made by an interviewee – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld This headnote does not form part of the decision. Broadcast [1] On 8 September 2006 at 7. 51am, an item on Morning Report discussed the lockout imposed by Progressive Enterprises against striking members of the National Distribution Union (NDU). Progressive held approximately 45% of the New Zealand grocery market and operated the Foodtown, Woolworths and Countdown supermarket groups....

Decisions
Reynolds and Television New Zealand Ltd - 2011-138
2011-138

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Education Advertisement – National Party leader and Prime Minister John Key stated, “National is building a better education system, with school reports in plain English. . . ” – statement allegedly inaccurate and misleading FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air Television Code – advertisement did not state as fact that all school reports would be written in the English language – “plain English” was colloquial way of stating “easy to understand” – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An advertisement for the New Zealand National Party was broadcast on TV One on 2 November 2011 at approximately 9. 30pm....

Decisions
Trussell and Radio New Zealand Ltd - 2012-075
2012-075

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – host interviewed professor about his creative writing course, writers and the writing community in general – professor made comments about New Zealand poets – allegedly in breach in of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – this episode of “Ideas” was not “factual programming” to which the standard applied – in any event professor’s comments amounted to his personal opinion and were therefore exempt from standards of accuracy under guideline 5a – programme was not inaccurate or misleading – not upheld Standard 4 (controversial issues) – comments did not form part of a “factual programme” to which Standard 4 applied – not upheld Standard 6 (fairness) – standard only applies to individuals and organisations – does not apply to people who are deceased, or to a “generation of poets” – not upheld This headnote does not form…...

Decisions
Ashton and Payne and Māori Television - 2012-054
2012-054

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…...

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