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Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about the 211 Helpline – said Opposition MPs were questioning whether service was too expensive and duplicated the service run by the Citizens Advice Bureau – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue discussed – item did not need to include details about what the 211 service might cost if rolled out nationally – majority considers item should have explained that 211 service was operating more extensive hours than the CAB – majority uphold Standard 5 (accuracy) – subsumed under Standard 4 Standard 6 (fairness) – subsumed under Standard 4No OrderThis headnote does not form part of the decision. Broadcast [1] On TV One at 6pm on 23 May 2006, an item on One News discussed the 211 Helpline, a community helpline run by the Ministry of Social Development (MSD)....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – examined differences in breast cancer treatment in Australia and New Zealand, and the funding of a drug called Herceptin – interviewed an Australian and a New Zealander with similar cancer and compared their prognoses – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – broadcaster failed to present significant viewpoints on the controversial issue within the programme, and within the period of current interest – due to the presentation of the programme and the nature of the issue, the period of current interest limited to a short time after the broadcast – alternative perspectives were not presented – upheld Standard 5 (accuracy) – two statements would have misled viewers – upheld OrderSection 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Kaea – item on 26 May reported that Ngati Porou was preparing to implement Foreshore and Seabed Deed of Agreement – allegedly unbalanced Te Kaea – follow-up item on 10 July stated that three sub-tribes opposed the agreement – included comment from representatives of tribes – allegedly unbalanced and inaccurate Findings26 May item Standard 4 (balance) – item did not discuss a controversial issue of public importance – brief news item on Ngati Porou signing the Deed and what would happen next – indicated that it would be a challenge to gain support of all relevant parties – not necessary to mention groups that did not consider themselves Ngati Porou – not upheld 10 July item Standard 4 (balance) – item did not discuss a controversial issue of public importance – information piece about opposition to foreshore and seabed agreement – not upheld Standard 5 (accuracy) –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on John Key’s visit to Greymouth – allegedly unbalanced Findings Standard 4 (balance) – complainant mistaken about contents of item – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 24 October 2008, was introduced as follows: [Labour is] poised to get back in Government, the head of a coalition of parties, and that’s a vision [leader of the National Party, John Key] describes as "a five-headed monster of the left", and one he hopes voters will flee from. Well, political editor Duncan Garner has travelled with Key to the West Coast today. . . [2] Mr Garner reported that "John Key's comments today do come as a direct result of that poll last night. . . "....

Complaint under section 8(1)(a) of the Broadcasting Act 1989George FM – radio hosts made comments about complaints to council in respect of a road closure for street party – allegedly in breach of privacy and unbalanced, inaccurate and unfairFindingsPrinciple 3 (privacy) – broadcast not offensive – not upheld Principle 4 (balance) – controversial issue of public importance not discussed – not upheld Principle 5 (fairness) – comments were fair comment – not upheld Principle 6 (accuracy) – not a news or current affairs programme – not upheldThis headnote does not form part of the decision. Broadcast [1] On Monday 22 August 2005 at approximately 12. 30pm, the hosts on George FM made comments about a party that the radio station had held. Particular reference was made to a person who had called the council a number of times in an attempt to close the event....

ComplaintHolmes – apology from Mr Holmes for comments he made about UN Secretary-General Kofi Annan on Newstalk ZB – apology said to be unbalanced, inaccurate and breached requirements for law and order Findings Standard 2 – not applicable – decline to determine Standard 4 – personal statement – balance not an issue – decline to determine Standard 5 – no inaccuracy – decline to determineThis headnote does not form part of the decision Summary [1] Paul Holmes, the host of Holmes broadcast on TV One on weekdays at 7. 00pm, made a personal statement on Holmes on 29 September 2003 about some comments he had made on Newstalk ZB. Among some other comments made on Newstalk ZB, he had described the UN Secretary-General, Kofi Annan, as a “cheeky darkie”. His comments had received extensive media coverage....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback host Tim Drover – terminated two calls perfunctorily – one caller described as “old witch” with a “brain the size of a pea” – allegedly unfair, offensive, unbalanced, and denigratory Findings Principle 5 (fairness) – calls terminated to prevent the broadcast of racist views – comments borderline unfair – not upheld Principle 1 (good taste and decency) – not offensive in talkback context – not upheld Principle 4 (balance) – not unbalanced – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – not socially irresponsible to avoid the expression of racist views – not upheldThis headnote does not form part of the decision. Broadcast [1] A caller to Newstalk ZB referred to her visit to Porirua City but the host (Tim Drover) interrupted her....

Complaints under section 8(1)(a) of the Broadcasting Act 1989One News – item about an MP who reactivated Dutch citizenship – possible breach of law – MP’s lawyer presented as constitutional specialist and not as legal representative Standard 5 – inaccurate – upheld by broadcaster – role as lawyer since reported in other programme – action considered insufficient Standard 4 – balance – not considered by broadcaster – referred to AuthorityProcess Application by complainant for Discovery – declined Application by complainant for Interlocutory Decision – declinedFindings Standard 4 – item’s focus on possibility of by-election – balanced – not upheld Action Taken – a correction broadcast at the time of error should have occurred – now a year later, no order appropriate – upheldNo OrderThis headnote does not form part of the decision....

Complaints under section 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – Paul Holmes Breakfast – Hon Tariana Turia called a “confused bag of lard” by host – also accused of being a bully and “all mouth” – allegedly offensive, encouraged denigration, unbalanced and partialFindings Principle 1 and Guideline 1a (good taste and decency) – comments not indecent – questionable taste – context – not upheld Principle 4 (balance) – not applicable to editorial comment – not upheld Principle 6 (accuracy) – editorial comment not required to be impartial – not upheld Principle 7 and Guideline 7a (discrimination) – comments focused on individual, not group – not upheldObservation Broadcast comments raised issue of fairness, and broadcaster acknowledged probable unfairness. However, neither complainant raised the fairness standard either explicitly or implicitly in original complaints. Authority unable to assess a complaint on standard not raised in original complaints....

Joanne Morris, Chair of the Authority, declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about a report which disclosed internal fraud at the Immigration Service – allegedly unbalanced and misleading Findings Standard 4 (balance) – balance of perspectives aired – not upheld Standard 5 (accuracy) – no inaccuracies – not misleading – not upheld Standard 6 (fairness) – not part of original complaint – no jurisdiction to determine This headnote does not form part of the decision. Broadcast [1] The lead item on One News broadcast on TV One at 6. 00pm on 8 April 2004, concerned a report that reviewed the Immigration Service’s processes when dealing with investigations into allegations of internal corruption....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Is Milk Safe? – documentary based on ABC programme “White Mischief” – examined possible differences in health benefits of A1 and A2 milk – allegedly unbalanced as complainant argued that it suggested A2 only was safeFindingsStandard 4 (balance) – significant points of view advanced about both A1 and A2 milk – not upheldThis headnote does not form part of the decision. Broadcast [1] A documentary Is Milk Safe? was broadcast on Dunedin’s Channel 9 at 8. 30pm on 14 June 2004. Using an ABC 4 Corners item “White Mischief”, it examined some of the differences between A1 and A2 milk. Complaint [2] Leslie Simpson complained to Channel 9 that the programme did not address the question of the safety of milk. Rather, it dealt with the differences between A1 and A2 milk....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 One News – item reported that Plunketline telephone service to be replaced by broader Healthline service – Minister of Health questioned on whether her support for Healthline was consistent with election pledge in 1999 to support Plunketline – allegedly unbalanced and interview edited unfairly Findings Standard 4 (balance) – item omitted Minister’s explanation for the change of her political point of view – unbalanced – upheld Standard 6 (fairness) – item omitted Minister’s comment on central issue – unfair – upheldOrder Broadcast of a statement This headnote does not form part of the decision. Broadcast [1] The replacement of Plunketline, a telephone service for caregivers, with a broader Healthline telephone service was dealt with in an item broadcast on One News beginning at 6. 00pm on TV One on 7 July 2004....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – “Fowl Play” – item about the battery farming of hens – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – controversial issue of public importance – item included Egg Producers’ comment received shortly before broadcast – not upheld Standard 5 (accuracy) – no inaccuracies – some aspects complained about were clearly opinion – not upheld Standard 6 (fairness) – while beak trimming comment verged on unfairness, not unfair – no other unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] Concerns about the battery farming of hens were raised in an item entitled “Fowl Play” broadcast on 60 Minutes on TV3 at 7. 30pm on 20 September 2004. Criticisms were advanced by an activist against the battery farming of hens, and by a farmer of free range hens....

Summary Allegations by homeowners that Fletcher Homes Ltd engaged in irregular practices with respect to the valuation and financing of new homes were the subject of a ministerial investigation, according to reports broadcast on One Network News on TV One on 26 and 27 February 1998 between 6. 00-7. 00pm. Through their solicitors, Fletcher Homes Ltd (FHL) and Residential Mortgages Ltd (RML) complained to Television New Zealand Ltd, the broadcaster, that the reports were unfair, inaccurate, unbalanced and lacked objectivity. They also complained that TVNZ failed to respect the principles of law by broadcasting potentially prejudicial evidence prior to trial, thus raising the issue of contempt. In addition, they complained that the editing of the items distorted the facts. They asked for a full correction and apology to be published....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...