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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 111/94 Dated the 17th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND IMMIGRATION SERVICE Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson R A Barraclough L M Loates...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Karere – item reported on the alleged closure of Whakatane Hospital’s Microbiology Department and the movement of all microbiology services to Tauranga – allegedly inaccurate FindingsStandard 5 (accuracy) – item was inaccurate and misleading in creating the impression that Whakatane Hospital’s Microbiology Department was closing down and all microbiology testing services were being moved to Tauranga – broadcaster did not make reasonable efforts to ensure that item was accurate and did not mislead – upheld No Order This headnote does not form part of the decision. Introduction [1] An item on Te Karere, broadcast on TV One on 4 October 2011, reported on the alleged closure of Whakatane Hospital’s Microbiology Department and the movement of all microbiology services to Tauranga....
Download a PDF of Decision No. 1993-082:Edwards and Television New Zealand Ltd - 1993-082 PDF1. 41 MB...
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....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 70/94 Dated the 22nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JARDINE INSURANCE BROKERS LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...
Download a PDF of Decision No. 1992-055:John Carter MP and Television New Zealand Ltd - 1992-055 PDF359. 68 KB...
An appeal against this decision was allowed in part in the High Court with the Authority instructed to amend its order: AP158/91 PDF (204. 76 KB)Download a PDF of Decision No. 1991-025:Mansell and Television New Zealand Ltd - 1991-025 PDF683. 79 KB...
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. ]During Paakiwaha, host Willie Jackson interviewed the Head of News and Current Affairs at Māori Television about the recent resignation of senior staff, among other things. Mihingarangi Forbes and Annabelle Lee, two of the individuals referred to, complained that the interview was unfair, inaccurate and unbalanced. The Authority upheld aspects of the accuracy complaint, as Mr Jackson claimed Ms Forbes leaked information to media (which was also unfair) and declined an invitation to appear on the programme, which was inaccurate. The Authority also found the item was unfair to Ms Forbes, Ms Lee and another former staff member as the discussion reflected negatively on their professional ability and they were not given a timely and relevant opportunity to respond or give comment....
An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....
Summary[This summary does not form part of the decision. ]Morning Report contained two items about the Government’s proposal for a specific criminal charge for family violence. A number of family violence experts were interviewed, and the introduction to one of the items stated that ‘14 women, six men and 10 children’ are killed by family violence annually. The Authority upheld a complaint that this statistic was inaccurate because the broadcaster’s source was significantly outdated, and it was part of the introduction which framed the discussion. However, the Authority did not uphold the aspect of the accuracy complaint that the items were misleading because they implied that men are overwhelmingly the perpetrators and women almost always victims of family violence....
SummaryAn item on One Network News on 31 March 1998 reported the findings of the Nursing Council following its investigation into a midwife’s management of the delivery of a baby who subsequently died. The item reported six adverse findings which the council had allegedly made on the midwife’s care and treatment. Jean O’Neil, the midwife referred to, complained to Television New Zealand Limited, the broadcaster, that the report was inaccurate and unfair because it failed to acknowledge that some of the charges were not upheld, and it portrayed her as guilty of charges on which she had been exonerated. TVNZ responded that the report was wrong on two matters of fact. It upheld the complaint and offered an on-air apology on One Network News. TVNZ wrote that it deplored the sloppy and careless reporting, and the reporter had been made aware of his failings....
Summary An incident involving a BB pistol was the subject of the lead news item on Nightline on 27 April 1999. It was reported that there had been "another school shoot-up" and that a student had been "caught up in the fury of the armed confrontation". The school’s principal had not been forthcoming when asked about the incident, according to the report. Mr Jackson, Editor of the Northland Age newspaper, complained to TV3 that its coverage of the incident was inaccurate and sensationalist and bore no relationship to the actual event which occurred. In his view, the reporter had elected to embellish the facts, despite having been given an accurate account of what had happened. He also objected to the report’s contention that the school’s principal had not been forthcoming when asked to comment....
Summary[This summary does not form part of the decision. ]A RNZ News bulletin reported on the NZ Police Association’s view that a recent spate of Police shootings was the result of ‘too many firearms getting into the wrong hands’. During the bulletin, the presenter said: ‘The Association’s President… says more than 20,000 firearms, including semi-automatic military weapons, are stolen or sold to offenders each year. ’ The Authority upheld a complaint that the presenter’s reference to more than 20,000 firearms being stolen or sold to offenders was inaccurate. According to the Police Association, the President should have been quoted as saying ‘over 50,000 firearms enter the country each year, a number of which are stolen or sold to offenders’....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 43/94 Decision No: 44/94 Dated the 23rd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SHIRLEY EARLLY of Auckland Broadcaster RADIO PACIFIC LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...
The Authority has upheld a complaint that a 1 News item reporting on then Leader of the Opposition and National Party leader Hon Simon Bridges travelling from Tauranga to Wellington during COVID-19 Level 4 lockdown breached the accuracy standard. The Authority found that the item, which was focussed on MPs breaking lockdown rules, was misleading in putting Mr Bridges in that category. The Authority acknowledged that, during the time of the broadcast, there was confusion surrounding the scope of the rules, particularly as to what constituted an essential service. However, the broadcaster had access to information suggesting Mr Bridges was engaged in an ‘essential service’ and, given the level of harm potentially caused by portraying a senior Member of Parliament as breaking lockdown rules, had not made reasonable efforts to ensure that this particular item did not mislead the public. Upheld: Accuracy No Order...
Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about young Sri Lankan woman who had been deported – release of woman’s lawyer’s letter when lawyer was criticised by Minister of Immigration – allegedly unbalanced, inaccurate, unfair to lawyer and failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order) – no principles of law involved – not upheld Standard 4 (balance) – lawyer not given opportunity to respond to Minister’s criticism – upheld Standard 5 (accuracy) – misleading as to source of letter – upheld Standard 6 (fairness) – unfair to lawyer – upheldOrder Broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] Recent developments in the case of a young Sri Lankan woman who had been deported were covered in an item broadcast on 3 News on TV3 beginning at 6....
ComplaintLate Edition – Breakfast – alleged rat infestation in Helensville – no evidence of rats – community views not sought – item unfair and unbalanced FindingsStandard G14 – item failed to uphold standards of accuracy, impartiality and objectivity – uphold OrderCosts of $500 to Crown This headnote does not form part of the decision. Summary An item broadcast on TV One on Late Edition on 6 June 2001, and on Breakfast on 7 June 2001, dealt with an alleged infestation of rats in and around Helensville. Hans Van Duyn complained to Television New Zealand Ltd, the broadcaster, that the item was unfair and lacked balance. He said the only person interviewed was a former Helensville Mayor, Mr Eric Glavish, who had his own "reasons or agenda to make unsubstantiated allegations"....
ComplaintGive It a Whirl – documentary – stories from rock'n'roll era in New Zealand – included comments about a 1960s music show C'mon – ‘apple incident' recalled and comments said to be inaccurate and unfair Findings Standard 5 – majority – evidence sufficient to conclude that incident did not occur – uphold – minority – anecdote not expected to be entirely accurate – no uphold Standard 6 – evidence sufficient to rule that complainant treated unfairly – uphold No Order This headnote does not form part of the decision Summary [1] Give It a Whirl was a documentary series about the rock'n'roll era in New Zealand. An episode broadcast on TV One at 8. 40pm on 2 June 2003 referred to C'mon – a televised national music show in the 1960s....
The Authority upheld a complaint from ANZ Bank New Zealand Ltd (‘ANZ’) that an item on Seven Sharp was inaccurate and misleading. The item concerned a customer who had had a dispute with the bank and in December 2018 entered an ANZ branch and pretended he had a bomb. The Authority agreed that the item breached the accuracy standard as it created a misleading impression that the customer was paid a settlement as a result of his actions at the bank, when in fact the dispute had been settled and he had received a settlement payment months earlier. The Authority considered the question of whether the item undermined law and order to be borderline. The broadcaster took a light-hearted human interest approach to a serious story, and the item risked encouraging and promoting illegal activity....
The Authority has upheld one aspect of a complaint that an interview with Sir Andrew Dillon, the CEO of the UK’s National Institute for Health and Care Excellence (NICE) breached the accuracy standard. The Authority found that listeners were invited by the item to draw negative comparisons between the role and functions of NICE and of PHARMAC in the New Zealand context, which was misleading through the omission of relevant contextual information about the two agencies. The Authority did not uphold the complaint under the balance standard, as inviting a comparison of the two agencies did not amount to a discussion of a controversial issue to which the balance standard applied....