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Decisions
Aranyi & Others and Television New Zealand Ltd - 2015-036
2015-036

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, host Mike Hosking offered his views on the incident of Prime Minister John Key's repeated pulling of a café waitress' ponytail. He described the waitress' motivations for speaking out as 'selfish' and 'a puffed up self-involved pile of political bollocks'. The Authority upheld complaints that this was unfair to the waitress. While public figures can expect criticism and robust scrutiny, in the Authority's view the waitress was not a public figure. The format of the 'final word' segment did not allow for a response from the waitress so she was unable to defend herself in this context. The Authority did not uphold the remainder of the complaints. Upheld: FairnessNot Upheld: Controversial Issues, Accuracy, Discrimination and DenigrationNo OrderIntroduction[1] In April 2015 there was public disclosure of some conduct of the Prime Minister....

Decisions
Simpson and TVWorks Ltd - 2012-019
2012-019

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on aftershocks in Christchurch – was introduced with the statement “it’s just what Christchurch does not want to hear, warnings that a big one, seven on the Richter scale, is probably coming” – included extract of interview with geologist – allegedly in breach of standards relating to accuracy, responsible programming and good taste and decency FindingsStandard 5 (accuracy) – introductory statement inaccurately summarised geologist’s opinion – overstated the prediction of a magnitude seven earthquake by suggesting a high likelihood of occurrence – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 8 (responsible programming) – introductory statement was unnecessarily alarmist – likely to have caused undue distress for Christchurch residents – upheld No Order This headnote does not form part of the decision....

Decisions
Ashworth and Television New Zealand Ltd - 2010-156
2010-156

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented with reference to ACT MP David Garrett, “He is a complete waster....

Decisions
McDonald and Radio New Zealand Ltd - 2010-074
2010-074

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item about a university study which alleged flaws in the data used by the government to increase the ACC levy for motorcyclists – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint frivolous, trivial and vexatious – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] A brief news item, broadcast on Radio New Zealand National at 10am on Wednesday 19 May 2010, reported on a university study which claimed that there were flaws in the data on which the Government had based its recent ACC levy increase for motorcyclists....

Decisions
Barron and SKY Network Television Ltd - 2014-056
2014-056

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....

Decisions
Golden and Radio New Zealand Ltd - 2013-086
2013-086

Summary [This summary does not form part of the decision. ]A panel discussion on Afternoons with Jim Mora suggested that fraud in the ‘Māori sector’ is often treated differently to other fraud. The Authority declined to determine the complaint that the programme breached standards because the panellists should have made reference to the ‘2004 Feltex IPO fraud’ as an example of ‘non-Māori fraud’. The complainant’s concerns were matters of personal preference and editorial discretion, and the Authority’s decisions on previous complaints should have put him notice of the likely outcome of this complaint. Declined to Determine: AccuracyIntroduction[1] During a panel discussion on Afternoons with Jim Mora, one of the topics was the criticism levelled at a Native Affairs investigation into the potential misappropriation of public funds by the Te Kōhanga Reo National Trust Board....

Decisions
Chand and Television New Zealand Ltd - 2019-078 (18 February 2020)
2019-078

The Authority did not uphold a complaint about an item on Fair Go investigating On the Go Eastgate (OTG Eastgate), a business providing vehicle Warrants of Fitness (WoFs). A customer had complained to Fair Go that OTG Eastgate did not inform her about a $10 weekend surcharge prior to carrying out and charging her for her WoF. Fair Go sent an actor with a hidden camera to investigate this and other claims about OTG Eastgate’s services. Danny Chand, the owner of OTG Eastgate, complained that the broadcast breached the fairness, accuracy and programme information standards. The Authority found that Mr Chand and his business were treated fairly as he was given sufficient opportunities to respond to the claims made in the broadcast, and it was reasonable and justified in the public interest for the broadcaster to use a hidden camera to investigate the claims....

Decisions
Malpas & Oliver and Television New Zealand Ltd - 2015-102 (12 May 2016)
2015-102

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ] An item on ONE News reported on concerns around a government-funded survey of health professionals and their views on voluntary euthanasia. It said that the survey was run by researchers who support assisted dying, and that it was alleged that the research was biased and flawed. The Authority did not uphold a complaint alleging that the item was unfair to the researchers involved and to the university through which the research was run, as well as inaccurate and unbalanced. Comment was sought from the university and the researchers, whose position was presented in the university’s response and fairly reported in the item....

Decisions
Watkins & Yardley and Radio New Zealand Ltd - 2022-142 (12 April 2023)
2022-142

The Authority has not upheld two complaints about an interview on Morning Report with Sue Grey, lawyer for the parents of a baby whose urgent heart surgery had been delayed due to the parents’ concerns regarding blood from donors vaccinated against COVID-19. The essence of the complaints was that the host did not listen to Grey, constantly interrupted her, did not allow her to answer the questions, and pushed his personal views. The Authority found the interview did not go beyond the level of robust scrutiny that could reasonably be expected in an interview with Grey on this subject, noting in particular that Grey was making claims contrary to public health advice, and was able to put forward key points in the course of the eight-minute interview. Therefore the broadcast overall did not result in any unfairness to Grey....

Decisions
Golden and Radio New Zealand Ltd - ID2018-097 (18 February 2019)
ID2018-097

Summary[This summary does not form part of the decision. ]The Authority has declined to determine a complaint that an individual on The Panel should not have been on the programme due to ‘corrupt practices’ and therefore the broadcast was inaccurate. The Authority found that the arguments raised in the complaint had no direct correlation to the standard raised. Declined to Determine: Accuracy The broadcast[1] A segment on The Panel featured the host and two panellists, one of whom the complainant submitted should not have been involved in the broadcast. [2] The item was broadcast on 26 September 2018 on RNZ National. The complaint[3] Allan Golden complained one of the panellists should not have been on The Panel due to the ‘highly corrupt’ practices which Mr Golden alleged the person’s organisation was engaged in....

Decisions
Housing New Zealand Corporation and Māori Television Service - 2018-100 (24 June 2019)
2018-100

Māori Television Service (MTS) aired a story on Te Kāea about how hapū Te Parawhau felt they had been shut out of negotiations on the sale of a piece of land, known as Pūriri Park in Northland, to Housing New Zealand (HNZ). The Authority upheld HNZ’s complaint under the balance standard, finding the omission of HNZ’s point of view from the initial broadcast likely prevented audiences from arriving at an informed and reasoned opinion about the sale and HNZ’s involvement. The Authority also upheld HNZ’s complaint under the accuracy and fairness standards, finding that while MTS aired a follow-up broadcast featuring comment from Te Parawhau and HNZ, this broadcast did not remedy the harm caused to HNZ by the initial broadcast of inaccurate information about the land sold....

Decisions
Godinet & Kay and NZME Radio Limited - 2020-101 (16 December 2020)
2020-101

The Authority did not uphold complaints that an item on Kerre McIvor Mornings breached the accuracy standard. The content was likely to be interpreted as commentary and opinion, and not statements of fact to which the accuracy standard applied. In terms of the balance standard, it was clearly presented from the host’s perspective. Given the nature of the programme, listeners were unlikely to have been misled by the omission of other views. The Authority also found that, in its context, the segment was unlikely to cause widespread undue offence or undermine widely shared community standards, did not actively promote serious antisocial or illegal activity and was not unfair to the Government or Prime Minister. Accordingly it did not breach the good taste and decency, law and order or fairness standards.      Not Upheld: Accuracy, Balance, Good taste and decency, Law and order, Fairness...

Decisions
Brill and Television New Zealand Ltd - 2018-028 (18 June 2018)
2018-028

Summary[This summary does not form part of the decision. ]Two items on 1 News reported on extreme weather events in New Zealand, with an item on 8 January 2018 focused on the release of NIWA’s 2017 Annual Report and a 12 January 2018 item reporting on clean-up efforts on the West Coast, following torrential rain and flooding. Brief references were made during these items to the impacts of climate change in New Zealand and particularly on extreme weather events. The Authority did not uphold complaints that these items were inaccurate and unbalanced because climate change was not occurring in New Zealand and the number and intensity of extreme weather events was also not increasing....

Decisions
Hurley and Radio New Zealand Ltd - 2017-099 (9 March 2018)
2017-099

Summary[This summary does not form part of the decision. ]A segment on Nine to Noon featured an interview with Massey Professor Paul Spoonley, titled ‘The changing face of NZ’. The interview discussed increasing diversity in New Zealand and projections for population growth, as suggested by recent data released by Statistics New Zealand. During the interview, presenter Kathryn Ryan commented, ‘it’s also in some ways the argument for immigration, isn’t it, because you’re going to need workers, you’re going to need tax payers, especially as that baby boomer demographic retires, we know there’s some big issues coming up there’. The Authority did not uphold a complaint that this comment breached the accuracy standard, finding the comment was not a statement of fact to which the standard applied, and it would not have materially affected the audience’s understanding of the interview as a whole....

Decisions
Bush and Television New Zealand Ltd - 2010-036
2010-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Decisions
McDonald and Television New Zealand Ltd - 2009-096
2009-096

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....

Decisions
Osmose New Zealand and Television New Zealand Ltd - 2005-140
2005-140

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....

Decisions
Lee, Page and Norris and Television New Zealand Ltd - 2004-153
2004-153

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on art piece commissioned for Venice Biennale at cost of $500,000 in public money – interview with Peter Biggs of Creative New Zealand – allegedly unfair to Mr Biggs and misleading/inaccurate FindingsStandard 4 – not unbalanced – Mr Biggs was able to present his view – not upheld Standard 5 – item did not suggest that braying toilet was the work to be exhibited – not misleading or inaccurate – not upheld Standard 6 – Mr Biggs not treated unfairly – as a seasoned media commentator he was able to get his point across – not upheld Standard 8 – not relevant – declined to determine This headnote does not form part of the decision....

Decisions
Eichbaum and Television New Zealand Ltd - 2003-100
2003-100

ComplaintThe Last Word – a discussion about decriminalisation of prostitution – presenter described promoter of change as a "Pomgolian" – refused to allow him to describe changes elsewhere – unbalanced – inaccurate – unfair – offensive FindingsStandard 1 – context – no uphold Standard 4 – presenter put views strongly as well as acting as facilitator – range of views advanced – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – on balance – interruption not unfair given experiences of interviewee This headnote does not form part of the decision. Summary [1] The sponsor of the Prostitution Reform Bill, Tim Barnett MP, and women’s advocate, Sandra Coney, were interviewed on The Last Word, which was broadcast on TV One at 10. 40pm on 24 June 2003. The presenter, Pam Corkery, stated that she opposed the Bill....

Decisions
Kelly and Television New Zealand Ltd - 2006-101
2006-101

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....

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