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Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989A Rotten Shame – investigated systematic failures in the building industry that led to the leaky homes crisis – reporter door-stepped building inspector who had inspected a house eleven years earlier which had since been demolished – portion of the interview included in the programme – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsAction taken: Standard 6 (fairness) – presenter’s approach in trying to obtain comment from Mr George by door-stepping him was unfair – broadcaster’s action in upholding the complaint and apologising to the complainant in its decision was inadequate – upheld Standard 6 (fairness) – other aspects of the programme were not unfair to the complainant – item focused on systematic failures which led to the leaky homes crisis rather than on the…...

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…...

Complaint under section 8(1B)(b)(i)) of the Broadcasting Act 1989Nine to Noon – contained a discussion about the 'three strikes' legislation – involved only participants who opposed the legislation – allegedly unbalanced, inaccurate, unfair and irresponsible – broadcaster upheld part of the accuracy complaint but declined to uphold remaining aspects of the complaintFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheldStandard 5 (accuracy) – two aspects of the item were misleading in the absence of balancing or challenging comment – broadcaster did not make reasonable efforts to ensure item did not mislead – upheld No Order This headnote does not form part of the decision....

The Authority has not upheld a complaint that an item covering the Electricity Authority’s new trading rule breached the accuracy and fairness standards. The item was materially accurate, given its focus was the introduction of a new trading rule, motivated in part to address an undesirable trading situation (associated with Meridian Energy’s actions). It was not unfair to Meridian, as the programme was not inaccurate in how it presented Meridian’s contribution to the ‘revamped’ rule. Not Upheld: Accuracy, Fairness...

Following an interview with Hon Dr Ayesha Verrall, Mike Hosking, on the Mike Hosking Breakfast show, replayed the interview and commented on the length of a pause during the interview. In doing so, Hosking questioned whether it was a ‘pause or a gabble’ and included sound effects of trucks passing and a turkey gobbling to ‘measure’ the pause. The complainants allege this second segment breached five standards including the good taste and decency, and fairness standards as it belittled the Associate Health Minister. The Authority did not uphold the complaints. It found the broadcast was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards and was not unfair to the Associate Health Minister. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Balance, Accuracy...

The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the fairness standard during an episode of Heather du Plessis-Allan Drive was insufficient. The complaint related to an interview with a 16-year-old climate activist about the Schools Strike for Climate movement, and the group’s key demands. During the interview, the interviewee admitted she had recently travelled to Fiji, despite one of the group’s demands being a ban on ‘unnecessary air travel’. This resulted in the host hysterically laughing at, and teasing the interviewee for over a minute. The broadcaster conceded in light of the interviewee’s age and potential vulnerability, the segment breached the fairness standard. The Authority determined it too would have found a breach of the fairness standard, but in the circumstances considered the action taken by the broadcaster was sufficient to address the breach....

The Authority has not upheld a complaint an item on 1 News was denigrating or unfair by including footage of a displaced West Auckland resident, following the Auckland Anniversary floods, taking a donut from a box. The complaint stated the footage represented a racial stereotype, degrading the woman. The Authority found the broadcast did not breach the discrimination and denigration standard as it concerned the woman as an individual rather than a recognised section of the community, and was not unfair as she was not portrayed unfairly negatively. In any case, inclusion of the footage was an editorial choice that was open to the broadcaster. Not Upheld: Discrimination and Denigration, Fairness...

ComplaintAssignment – inaccurate, unbalanced, failed to respect principles of lawFindingsStandard G1 – no uphold Standard G4 – not unfairly treated in preparation of programme; possible inferences did not constitute unfairness in terms of broadcasting standards – no uphold Standard G5 – no upholdStandard G6 – overall not unfair, unbalanced or partial; a new perspective offered on a historical matter – no uphold This headnote does not form part of the decision. Summary An Assignment programme, broadcast on TV One on 30 March 2000 beginning at 8. 30pm, re-examined allegations that Dr William Sutch had engaged in espionage. According to the programme, despite his having been tried and acquitted, fresh evidence existed to show that there was doubt about the justice of the acquittal....

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....

ComplaintMorning Report – item about benefits of replacing sugar with artificial sugar – public health researcher referred to sugar and butter as “natural poisons” – implied butter more harmful than margarine – stated New Zealanders’ shift to margarine had had substantial effect on heart disease rates – item allegedly unbalanced and inaccurate – butter not a poison – studies link margarine with increased risk of death/disability Findings Principle 4 – item not about butter – no requirement for balance – Principle 4 not applicable Principle 6 – not Authority’s role to decide whether butter is more or less harmful than margarine – decline to determine; “natural poison” the expression of opinion – not upheldThis headnote does not form part of the decision Summary [1] Senior public health researcher Professor Rod Jackson was interviewed on Morning Report on National Radio on 24 October 2003 in relation to his call for hospitals and schools to replace…...

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Summer Report – panel discussion about healthy eating and exercise – reference to healthy food pyramid – advice given that not all fats were bad – unsaturated fat preferred to saturated fats – item alleged to be inaccurate, unfair and unbalancedFindings Principle 4 (balance – the safety of trans-fats not a controversial issue dealt with in the broadcast – not upheld Principle 5 (fairness) – trans-fats peripheral – not upheld Principle 6 (accuracy) – trans-fats not the topic of discussion – not upheldObservation Authority may decline to determine further complaints from Ms James when complaint only about peripheral matter dealt with in broadcastThis headnote does not form part of the decision. Broadcast [1] A panel discussion about healthy eating and exercise was broadcast as part of Summer Report on National Radio between 8. 00 to10. 00am on Thursday 8 January 2004....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about pyjamas purchased from The Warehouse that had ignited and burned a five-year-old boy while he was standing next to a gas heater – allegedly unbalanced, unfair and inaccurate – broadcaster upheld one aspect of accuracy – balance, fairness and dissatisfaction with action taken referred to AuthorityFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – action taken by broadcaster on aspect it upheld was sufficient – no other inaccuracies – not upheld Standard 6 (fairness) – unfair to The Warehouse in the preparation and presentation of the programme – upheld Orders Broadcast of a statement Payment of legal costs of $3,000This headnote does not form part of the decision....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989 1. Holmes – 18 and 19 November 2003 – complainant director of Network Visas NZ Ltd – in dispute with 13 Romanian students – complainant’s home shown on item as location where business operated from – not company’s registered office – complainant given inadequate opportunity to respond – a number of factual inaccuracies – allegedly unbalanced, inaccurate and unfair 2. Holmes – 18 November 2003 – complainant’s home shown on item as location where business operated from – after broadcast, complainant visited by landlord – complainant’s wife who operates beauty business from the address felt intimidated – alleged breach of privacy 3....

Summary The Department of Conservation’s (DOC) management programme which involved the shooting of thar (mountain goats), was addressed during the John Banks Breakfast Show, broadcast on Radio Pacific between 6. 00–9. 00am on 10 August 1999. The host of the programme expressed his strong displeasure at DOC’s actions. He referred to DOC staff using phrases such as "filthy low life", and "filthy perverts", and expressed a wish that their helicopter would suffer a power failure. The Department of Conservation complained to Radio Pacific Ltd that the language used in the broadcast failed to maintain standards of decency and good taste, and that the host did not refer to the thar management process which it had developed. Declining to uphold the complaint, Radio Pacific argued that the strong language used was appropriate on a station which valued the power of free speech....

ComplaintOne News – Rodney Hide MP – "scam buster" – spoke at seminar in Fiji – affidavit that his presence gave investors confidence to invest – investment was a scam – inaccurate – unbalanced – unfair FindingsS. 4(1)(d) and Standard 4 – reasonable opportunities given – no uphold Standard 5 – not unfair – no uphold Standard 6 – inaccuracies (1) different use of the term "family"; (2) not a "self-proclaimed scam buster"; (3) affidavit not dated that day – uphold on these three points – no other inaccuracies No Order This headnote does not form part of the decision. Summary [1] An affidavit, which recorded that Rodney Hide MP’s presence as a speaker at an investment seminar in Fiji had given a man and his family the confidence to invest, was reported in an item broadcast on One News on 15 May 2002....

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....

Summary[This summary does not form part of the decision. ]During the Leighton Smith Show, presenter Leighton Smith, in relation to a headline regarding Pope Francis’ warning to then President-elect Donald Trump, ‘do not back away from UN climate pact’, said, ‘I don’t want to offend, certainly not insult, any Catholics listening, but how did you end up with this tosser? ’ The Authority did not uphold a complaint that this comment was derogatory, crude and demeaning. Mr Smith was entitled to express his opinion on the Pope’s stance on climate change and while his comment was considered offensive by the complainant, in the context of a talkback radio show, the Authority did not consider it undermined current norms of good taste and decency....

Summary [This summary does not form part of the decision. ]During Jay-Jay, Dom & Randell, the hosts discussed their conversation with a guest the previous day who was described as a successful voice coach, and who gave tips about putting on a ‘sexy voice’. One of the hosts prank called two phone sex chat lines and spoke to the operators to see whether they used a ‘sexy voice’. One of the operators he spoke with was the complainant, who discussed practical aspects of the service, including how calls were conducted and paid for. A distinctive sound could be heard in the background of the call. The Authority upheld a complaint from the operator that this broadcast breached her privacy and was unfair....

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the Government’s upcoming review of KiwiRail’s operational and funding models. The item featured interviews with Transport Minister, Simon Bridges, NZ First leader, Winston Peters, and Prime Minister Bill English. The reporter commented that KiwiRail had been a ‘black hole’ for tax payers and ‘a giant problem for this Government’. The Authority did not uphold a complaint that the item was unbalanced and unfair to KiwiRail. Given the nature of the item, which was a straightforward news report about the Government’s proposed review, viewers would not have expected to be provided with information about the historic benefits of rail or the history of KiwiRail. The Authority also found that, although the reporter’s use of language could be considered critical, the item did not result in KiwiRail being treated unfairly....