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Dempsey and 3 others and Television New Zealand Ltd - 2014-047
2014-047

Te Raumawhitu Kupenga 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. ]At the end of an episode of Seven Sharp, presenter Mike Hosking made comments about the most recent report of the IPCC. The Authority did not uphold four complaints that his comments were misleading and irresponsible. The comments were clearly Mr Hosking’s opinion, and the right to freedom of speech explicitly protects expressions of opinion even if they are unpopular or incorrect. Mr Hosking is well known for this type of monologue where he offers his opinion on any number of issues, sometimes in a provocative manner....

Decisions
End-of-Life Choice Society NZ and MediaWorks TV Ltd - 2020-094 (1 October 2020)
2020-094

The End-of-Life Choice Society NZ (EOLCS) complained about an item on The Project which included an interview with the author of the book, The Final Choice, in the lead-up to the binding End of Life Choice referendum. EOLCS was concerned that the interview portrayed the book as ‘an independent assessment of the issue’, which was biased and inaccurate. The Authority noted its role is limited to applying the relevant broadcasting standards and guidelines and determining whether any harm was caused which outweighed the right to freedom of expression; it is not the Authority’s role to determine whether the author is ‘independent’, or her personal view on the topic....

Decisions
Shepherd and Television New Zealand Ltd - 2020-157 (20 April 2021)
2020-157

The Authority has not upheld a complaint about an item on 1 News, which reported on support for euthanasia in the lead up to the referendum. It was based on data from the Vote Compass tool, which had been used by more than 200,000 people. The complainant argued it was inaccurate to report that most New Zealanders, or 77% of Kiwis, were supportive of euthanasia, when only 77% of an unrepresentative group of 200,000 were supportive. The Authority found the report was linked to findings from the Vote Compass tool, and its use by 200,000 people, in a clear and transparent way. It found it was legitimate and of interest to the public to extrapolate the data as it did, and the broadcast was unlikely to mislead. Not Upheld: Accuracy...

Decisions
Parlane and MediaWorks Radio Ltd - 2018-075 (14 November 2018)
2018-075

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Decisions
Roy and Television New Zealand Ltd - 2009-102
2009-102

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported that an 89-year-old man had been accused of helping to kill 28,000 Jews at a “Polish death camp” during World War II – broadcaster agreed item was inaccurate and instructed staff not to use the reference again – action taken allegedly insufficient FindingsStandard 5 (accuracy) – action taken appropriate and reasonable – not necessary to broadcast a correction – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 14 July 2009, reported that: An 89-year-old’s been accused of helping kill nearly 28,000 Jews in what’s set to be Germany’s last big Nazi war crimes trial. Prosecutors say retired American car worker John Demjanjuk was a guard at a Polish death camp during World War II....

Decisions
Commerce Commission and TVWorks Ltd - 2008-014
2008-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item about the Commerce Commission's prosecution of a man and his company Probitas, who were marketing a fertiliser system – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme failed to provide viewers with a significant perspective which was critical to their understanding of the issues – upheld Standard 5 (accuracy) – no inaccurate statements of fact – not upheld Standard 6 (fairness) – promo – not unfair to expert witness – promo was a fair reflection of interview with the Commission's representative – not upheld Standard 6 (fairness) – programme – did not fairly present the Commission's side of the story – unfair to the Commission – upheld Orders Section 13(1)(a) – broadcast of a statementSection 16(1) – payment of costs to the complainant $2182....

Decisions
Brooks and Television New Zealand Ltd - 2010-035
2010-035

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item looked at the disputed territory of East Jerusalem – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – both sides given adequate opportunity to explain their point of view – broadcaster provided viewers with the significant viewpoints required – not upheld Standard 5 (accuracy) – UNICEF representative’s comments were opinion – Mr Kuttner provided his opinion on evictions and explained why barriers and guards were needed – viewers would not have been misled – not upheld Standard 6 (fairness) – Mr Kuttner given opportunity to provide his point of view on the issues discussed – dealt with fairly by broadcaster – not upheld This headnote does not form part of the decision....

Decisions
Haggett and Television New Zealand Ltd - 1998-143
1998-143

L M Loates was Acting Chairperson in S R Maling's absence. SummaryThe series The New Zealand Wars examined the reasons for, and the outcome of, the battles between groups of Maori and Pakeha particularly during the period 1850–1870. The programme was presented by Professor James Belich and was based on his book with the same name. The series was broadcast on TV One at 8. 30pm on five consecutive Monday evenings between 8 June and 6 July 1998. Mr Haggett complained to Television New Zealand Ltd, the broadcaster, that the series among other matters presented "beliefs" as fact, and that it was biased and racist in suggesting that the "innocent" Maori was butchered by "an evil white man". Emphasising that the series was the "authored" work of an eminent historian whose views had been captured accurately in the series, TVNZ declined to uphold the complaint....

Decisions
Newfield and Television New Zealand Ltd - 1996-054
1996-054

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-054 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER NEWFIELD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
New Zealand Maritime Safety Authority and TV3 Network Services Ltd - 2004-116
2004-116

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – “Troubled Waters” – boating accident involving fishing expert Wayne Wills aka “Bill Hohepa” – allegedly unbalanced, inaccurate and unfair as item suggested that Maritime Safety Authority had relentlessly and unjustifiably pursued, and continued to pursue, Mr WillsFindings Standard 4 (balance) – reasonable efforts made to present significant points of view – not upheld Standard 5 (accuracy) – item contained one inaccuracy – upheld Standard 6 (fairness) – Mr Wills’ view was not unfair to the MSA – not upheld No OrderThis headnote does not form part of the decision. Broadcast [1] The consequences of a boating incident in 1996 involving the fishing expert Wayne Wills, better known and referred to in the programme as “Bill Hohepa”, in which one person drowned, was dealt with in an item broadcast on TV3 in 60 Minutes on 8 December 2003....

Decisions
MacCallum and Television New Zealand Ltd - 2001-099
2001-099

ComplaintOne News – item on Ngati Ruanui’s acceptance of Treaty of Waitangi claim settlement – conflicts of 1860s–1880s described as Taranaki Land Wars – description unfair and inaccurate – item biased FindingsStandard G1 – not a point of fact – no uphold Standard G6 – not unbalanced, unfair or impartial – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6pm on 12 April 2001 reported that Ngati Ruanui of South Taranaki had voted to accept a $41 million offer from the government to settle a Treaty of Waitangi claim dating back to the 1860s. During the course of the item, the conflicts of the 1860s-1880s were described as the Taranaki Land Wars....

Decisions
Bennachie and TVWorks Ltd - 2008-094
2008-094

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – interview with representative of End Child Prostitution and Trafficking (ECPAT) about the release of a US report on human trafficking – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item offered one individual’s opinion on the report and trafficking and prostitution generally – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – interviewee made comments from ECPAT’s perspective – clearly distinguishable as comment and opinion – not upheld This headnote does not form part of the decision. Broadcast [1] During Sunrise, broadcast on TV3 from 7am to 9am on 6 June 2008, one of the programme’s hosts announced that the US State Department had released its annual report on human trafficking, which “contains some strong words on New Zealand’s legalised prostitution system”....

Decisions
Rupa and Television New Zealand Ltd - 2005-034
2005-034

Complaint under section 8(1)(a) of the Broadcasting Act 1989Renters – item showing dispute between tenant and rental agent – allegedly in breach of privacy, also unbalanced, inaccurate and unfairFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 5 (accuracy) – subsumed under Standard 6 Standard 6 (fairness) – not unfair – not upheld. This headnote does not form part of the decision. Broadcast [1] An item on Renters on TV2 at 8pm on 17 February 2005 showed an altercation between a tenant and a rental agent. The tenant argued with the agent about a sign in the downstairs window which had led to prospective tenants pestering him in the upstairs flat....

Decisions
Bowman and RadioWorks Ltd - 2012-049
2012-049

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – included discussion on a study which showed a link between domestic violence and animal abuse – host made a number of comments that were critical of the women who took part in the study and of women who stayed in violent relationships because of their pets – for example, he said that they were “morons”, “probably deserved to be abused”, and were “born sub-normal” – host made comments that were critical of the White Ribbon campaign – allegedly in breach of good taste and decency, accuracy, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – talkback is a robust and opinionated environment – host’s approach could be considered offensive and provocative but was for effect and to generate a response – overall, programmes were balanced – contextual factors – not upheld Standard 7 (discrimination and denigration) –…...

Decisions
WR and MediaWorks TV Ltd - 2018-059 (26 October 2018)
2018-059

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about a segment on The Project that discussed whether bystanders should step in if they see parents treating their children in a way they do not agree with. At the beginning of the segment the presenters described an incident in which a father (the complainant) allegedly disciplined his son by denying him afternoon tea. Another parent reported this to Oranga Tamariki, who later found no cause for action and dismissed the complaint. The complainant argued the segment omitted important details about the incident, and was unbalanced and unfair. The Authority acknowledged the significant effect these events have had on the complainant and his family....

Decisions
Gibson and Radio New Zealand Ltd - 2012-113
2012-113

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand News – item reported that pedestrian had been hit by a bus in Wellington – newsreader stated, “St John Ambulance says a woman in her mid-forties was hit by a bus on the corner of Hunter and Featherston streets… A spokesperson says the woman sustained moderate injuries and was transferred to Wellington hospital…” – reference to St John Ambulance allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – reference to St John Ambulance was not material to the focus of the item and would not have misled listeners in any material respect – not upheldStandard 6 (fairness) – Wellington Free Ambulance did not take part and was not referred to in the broadcast so listeners would not have been left with an unfairly negative impression of it as an organisation – in any event the reference to St John Ambulance was…...

Decisions
McMillan and Television New Zealand Ltd - 2013-025
2013-025

Summary [This summary does not form part of the decision. ]An item on Seven Sharp reported the predictions of a climate scientist about the impacts of climate change on New Zealand by the year 2100, and included the opinion of a climate change health expert about the health risks associated with the predicted changes. The complainant argued that the item was misleading and unbalanced because the claims were presented as ‘fact’ and ‘inevitable’ rather than as ‘extreme projections’. The Authority did not uphold the complaint that the item was inaccurate, as it clearly consisted of opinion and predictions, and was not presented as fact....

Decisions
Golden and Radio New Zealand Ltd - ID2017-062 (16 October 2017)
ID2017-062

Summary[This summary does not form part of the decision. ] A segment on RNZ National’s programme This Way Up, titled ‘Why Women Live Longer’, featured an interview with a science journalist about her latest book. In the introduction to the segment, the programme presenter referred to the average life expectancy of men and women in New Zealand born in 2016. Mr Golden complained to the broadcaster under the accuracy standard that the references to life expectancy did not take into account quality of life. The Authority declined to determine the complaint on the basis that it was frivolous and trivial, and concerned matters of personal preference rather than matters of broadcasting standards that can be addressed under the Radio Code. Declined to Determine: Accuracy Introduction[1] A segment on the RNZ National programme This Way Up featured an interview with a science journalist about her latest book....

Decisions
Cloud Ocean Water and MediaWorks TV Ltd - 2018-037 (23 July 2018)
2018-037

Summary[This summary does not form part of the decision. ]An item on Newshub explored concerns of members of the public and the Christchurch City Council regarding potential water contamination from a bore drilled by Cloud Ocean Water and pending judicial review action taken against Environment Canterbury (ECan) over their resource consent processes. The Authority did not uphold a complaint that the broadcast was inaccurate and unfair to Cloud Ocean Water. The Authority found that Cloud Ocean Water’s responses to questions from Newshub prior to the broadcast were fairly reflected in the item, and that viewers were unlikely to be misled regarding the nature of Cloud Ocean Water’s involvement in the resource consent process or the judicial review....

Decisions
Taranaki Regional Council and Radio New Zealand Ltd - 2014-141
2014-141

*Te Raumawhitu Kupenga 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 Rural News discussed Taranaki Regional Council's response to a previous Rural News story about landfarms, and included the statement that TRC 'consents the disposal of oil industry waste on to about a dozen dairy and drystock farms, known as landfarms in the region'. The Authority declined to uphold a complaint that the statement was inaccurate and misleading as it was not material to the item and was clarified in the context of the story as a whole. Not Upheld: Accuracy Introduction[1] An item on Rural News discussed Taranaki Regional Council's response to a previous Rural News story about landfarms....

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