Search Rapua

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Michael Jackson's Mind looked at history of Michael Jackson's unconventional behaviour – behaviour analysed by psychiatrists and psychologists – comments sought from range of other people – programme used extracts from previous documentary Living with Michael Jackson – allegedly unbalanced and unfairFindings Standard 4 (balance) – not controversial issue of public importance – balance not required – not upheld Standard 6 (fairness) – Authority unable to determine whether extracts of Martin Bashir documentary used in context – decline to determine – other comments by psychiatrist not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] On 30 May 2005, at 9. 30pm, TV2 broadcast a documentary entitled Michael Jackson's Mind....

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....

This decision was successfully appealed in the High Court: CIV 2008-485-24 PDF82. 96 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989The Complaint During a Close Up item about the "naming and shaming" of drunk drivers by a Wellington newspaper, a woman was approached outside court after being convicted of her second drink driving offence. Although the woman declined to be interviewed for fear of losing her job, she was shown running down the street to get away from the reporter, and her age, marital status and salary were reported. Her face was initially pixelated but she was "unmasked" and named later in the item. David and Heather Green objected to the woman's treatment. They said the item had imposed an extra penalty over and above that imposed in the courtroom, and was unfair....

Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....

Summary Monica Lewinsky was interviewed by Kim Hill on National Radio on 15 March 1999 just after 9. 00am, following the release of the book which dealt with her relationship with President Clinton. Simon Boyce of Paraparaumu complained to Radio New Zealand Ltd, the broadcaster, that one of the interviewer’s questions was unfortunate and inappropriate. He maintained that the interviewer had a history of asking her guests sexually explicit and intimate questions which were clearly embarrassing. In his view, this interview breached standards R2 and R5 of the Radio Code of Broadcasting Practice. RNZ responded that in the context of an interview with Ms Lewinsky, the language used had not breached the requirement to observe standards of good taste and decency....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that a homicide investigation was underway after the death of Rotorua high school principal Hawea Vercoe – presenter stated that Mr Vercoe had died after being punched to the ground during a fight – included details of a recent conviction – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – reporters entitled to rely on information provided by police – broadcaster made reasonable efforts to ensure that the report was accurate – not upheld Standard 6 (fairness) – standard does not apply to deceased persons – family did not take part and were not referred to – 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 Sunday 22 November 2009, reported on the death of high school principal Hawea Vercoe....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on landslip affecting several homes in Bucklands Beach – stated that one house had been bought just five weeks prior to landslip through Trinity Real Estate, which was in liquidation, and that a LIM report was not obtained – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Trinity Real Estate – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed former SIS agent about its operation in the 1970s involving Dr William Sutch and representatives of the Soviet Embassy – former agent said that Dr Sutch had been a spy for 30 years – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – programme did not deal with a controversial issue of public importance – standard does not apply – not upheld Standard 5 (accuracy) – statements clearly expressions of former agent’s opinion – not facts – not upheld Standard 6 (fairness) – no unfairness to members of Dr Sutch’s family – not upheld This headnote does not form part of the decision. Broadcast [1] Kit Bennetts, a former SIS agent who had obtained High Court approval to publish a book covering aspects of his work, was interviewed on Sunday, broadcast on TV One at 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – reference to “Labour” and “Labour-led” government – allegedly inaccurate and unfairFindingsPrinciple 6 (accuracy) – “Labour-led government” acceptable shorthand – not upheld – majority considers “Labour government” acceptable shorthand – not upheld Principle 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] At various times between Tuesday 26 April and Friday 29 April 2005, on Morning Report, National Radio presenters and reporters used the following expressions: “the Labour-led government” – 26 April “the Labour government” – on 26 April (twice), 28 and 29 April “In 1999 when Labour took power” – 28 April Complaint [2] Vivienne Shepherd complained that the broadcasts breached standards of accuracy, fairness and programme information....

ComplaintEureka – Royal Commission on Genetic Modification – GE Free rally – rally participants interviewed – approach assured participants rejected Commission findings – views misrepresented – unbalanced FindingsPrinciple 5 – interviewees not treated unfairly – no uphold Principle 6 – factual reports and opinion distinguished – no uphold This headnote does not form part of the decision. Summary [1] An interview with one of the Commissioners from the Royal Commission on Genetic Modification, and comments from participants at a GE-Free rally, were included in the edition of Eureka broadcast on National Radio on 9 September 2001 and repeated on 10 September. Eureka is a science magazine programme broadcast weekly. [2] Jon Carapiet complained to Radio New Zealand Ltd, the broadcaster, that the programme’s approach was unbalanced as the item sought to represent those at the rally as ill-informed. Consequently, he said, their views were misrepresented....

ComplaintNational Radio – news item – warning about miracle healing claims advertised by evangelist Weston Carryer – unfair FindingsPrinciple 5 – news item – based on exercise of statutory power – not unfair to Weston Carryer – no uphold This headnote does not form part of the decision. Summary [1] A warning about the services advertised by faith healers was reported in a news item on National Radio at 6. 00am on 17 September 2002. The item was based on a statement made by Health and Disability Commissioner, Ron Paterson, who referred to the miracle healing claims advertised by evangelist, Weston Carryer. [2] Reg Mundy complained to Radio New Zealand Ltd, the broadcaster, that the item was unfair to Mr Carryer as the Commissioner had made the statement without conducting an investigation or obtaining any evidence to validate the statement....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on a police search that ended up with two officers being shot and a police dog being killed – contained interviews with a neighbour living next to the property where the incident occurred and the Commissioner of Police – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – interview with Police Commissioner was straightforward and respectful – Mr Broad and the police treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 7 (discrimination and denigration) – presenter’s behaviour and comments did not encourage the denigration of members of the New Zealand police force –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Live News and The Breeze News – news bulletins reported on incident in which a British woman was bitten by a lion cub at Paradise Valley Springs – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – statements accurate, or amounted to analysis comment or opinion under guideline 5a – news items not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant was given a fair opportunity to comment on the incident – complainant and Paradise Valley Springs treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A number of news bulletins, broadcast on Radio Live News and The Breeze News on the morning of Monday 13 December 2010, reported on an incident in which a British woman was bitten by a lion cub at Paradise Valley Springs in Rotorua....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Farming Show – host told anecdote about his experience at The Waterfront Bar & Bistro in Queenstown – claimed he was refused service after having a “couple of beers” and commented that it was “poor form” on the part of the bar – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – host’s comments were inappropriate – host abused his position by allegedly threatening the bar staff with bad publicity and then following through by airing a personal grievance to enact revenge on a named business – business had no opportunity to defend itself – The Waterfront Bar & Bistro treated unfairly – upheld No Order This headnote does not form part of the decision....

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. ] 3 News summarised the findings in the latest report released by the United Nations Intergovernmental Panel on Climate Change (IPCC). The Authority did not uphold the complaint that the United Nations report was propaganda, and should not have been referred to. This was a straightforward news report on the latest findings released by the IPCC. Not Upheld: Controversial Issues, Accuracy, Fairness, Responsible Programming Introduction [1] A 3 News item summarised the findings of the latest report released by the United Nations Intergovernmental Panel on Climate Change (IPCC). The item was broadcast on TV3 on 14 April 2014....

Summary [This summary does not form part of the decision. ] A 3 News item covered a high-profile New Zealand equestrian’s reportedly controversial exclusion from Equestrian Sports New Zealand’s high performance squad. It included an interview with the head of ESNZ, and briefly showed a copy of the equestrian magazine Show Circuit on his desk. The Authority declined to uphold a complaint that the broadcast breached standards because it wrongly associated Show Circuit with ESNZ. The inclusion of the shot of the magazine was incidental to the story and did not suggest that Show Circuit supported ESNZ, as alleged. Not Upheld: Accuracy, Fairness, Responsible Programming   Introduction [1] A 3 News item covered a high-profile New Zealand equestrian’s reportedly controversial exclusion from Equestrian Sports New Zealand’s high performance squad....

Summary[This summary does not form part of the decision. ] Roger Morris complained that an alleged discussion on Worldwatch about the 'Ukraine coup d'etat' failed to mention a number of key facts, primarily about the United States' involvement in the conflict. The Authority declined to determine the complaint as the broadcast identified by the complainant in his complaint did not feature any content about Ukraine. Declined to Determine: Controversial Issues, Accuracy, Fairness, Responsible ProgrammingIntroduction[1] Roger Morris complained that an alleged discussion on Worldwatch about the 'Ukraine coup d'etat' failed to mention a number of key facts, primarily about the United States' involvement in the conflict. He considered that the omission of these facts was in breach of the controversial issues, accuracy, fairness and responsible programming standards of the Radio Code of Broadcasting Practice....

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....