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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 59/94 Dated the 2nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EXCLUSIVE BRETHREN CHRISTIAN FELLOWSHIP Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

SummaryItems concerning a research finding that a lyprinol extract from green-lipped mussels had been shown to be effective in killing cancer cells were broadcast on TV One on 30 July 1999 on One Network News and Holmes, commencing at 6. 00 pm and 7. 00 pm respectively. It was reported that researchers believed that the compound could inhibit the spread of certain types of cancers, and that they were about to commence clinical trials. The Ministry of Health complained to Television New Zealand Limited, the broadcaster, that the items were inaccurate, unbalanced, lacking in objectivity, and distorted the research and its significance. The tone and "sheer volume of coverage" contributed to this lack of balance, it wrote. The programmes failed to make it clear that Lyprinol was a dietary supplement and therefore a product about which therapeutic claims could not be made....

Complaint3 News Special – interviews with Nicky Hager and Prime Minister about issues raised in Hager’s book "Seeds of Distrust" – complaints that implication in interview that the book was factually correct was unbalanced and partial – some facts inaccurate – different interview styles unfair – Authority made the following findings: Standard 4 – issues were scientific and government accountability – science aspect – balanced – no uphold; government accountability – not balanced – uphold Standard 5 – scientific facts in dispute – unable to determine; approach to interview with Prime Minister in comparison with the interview with Mr Hager neither impartial nor objective – uphold; statement that Prime Minister declined her earlier offer to do another interview not inaccurate – no uphold Standard 6 – preparation of programme fair – no uphold; presentation of programme – unfair as Prime Minister not advised of source of allegations and the accuser was interviewed in…...

An appeal against this decision was dismissed in the High Court: CIV 2003-485-1655 & 1816 PDF18....

ComplaintAssignment – election special – inaccurate statement regarding student loans FindingsStandard 5 – requirement for accuracy is absolute – minor breach – uphold No Order This headnote does not form part of the decision. Summary [1] An Assignment programme broadcast on TV One at 8. 00pm on 10 July 2002 was an election special, which analysed the Auckland electorates in the context of the upcoming General Election. [2] Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the Prime Minister’s comments regarding student loans were inaccurate, and that Ms Harré was treated unfairly on the programme. [3] In declining to uphold the complaint, TVNZ said that the Prime Minister’s comments were "essentially correct" and that Ms Harré was dealt with fairly in the context of the programme....

Summary[This summary does not form part of the decision. ]Campbell Live covered a story about an eader (a pit for raw milk waste) in the town of Eltham in Taranaki that was allegedly making local residents ill. The South Taranaki District Council complained that the item was inaccurate and unfair. The Authority found that this was an important story which carried high public interest and that much of it was accurate and well-reported. Nevertheless, a number of statements conveying the gravity of the problem with the eader did not have a sufficient basis and were overblown, which was misleading and unfair. Accordingly the Authority upheld some aspects of the complaint. Upheld: Accuracy, FairnessNo OrderIntroduction[1] Campbell Live covered a story about an eader (a pit for raw milk waste) in the town of Eltham in Taranaki that was allegedly making local residents ill....

The Authority has upheld a complaint from Kathryn Bayliss about an item on Cockies Hour concerning a discussion between Steve Wyn-Harris and the Chair of the Tukituki Water Security Project after the project was included on the Fast-track Approvals Bill's list of projects released on 6 October 2024. The Authority agreed the description of the 22 hectares of Department of Conservation land needed for the dam project as ‘only stewardship land’, when approximately 93% of it has ‘conservation park status’, was a material inaccuracy which the broadcaster had not made reasonable efforts to avoid. The Authority also found the broadcaster failed to correct the error within a reasonable period after being put on notice. Upheld: Accuracy Orders: Section 13(1)(a) Broadcasting Act 1989 - statement published on air and online...

Download a PDF of Decision No. 1991-014:Housing Corporation of New Zealand Ltd and Television New Zealand Ltd - 1991-014 PDF528. 83 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/94 Dated the 18th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by VOTERS' VOICE BINDING REFERENDUM INC. of Papakura Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Summary Overcrowding in state owned housing was the focus of an item on Holmes broadcast on 27 August 1998 between 7. 00–7. 30pm. The issue had become topical when, the previous day, the Chief Executive of Housing New Zealand had suggested that for some families it was a matter of choice that they lived in overcrowded conditions. Michael Cashin, Chairman of Housing New Zealand, complained to Television New Zealand Ltd that the broadcast was unfair and unbalanced because it misrepresented the status of the family shown. In his view it was unfair and inaccurate that the programme portrayed the family as having not being offered any other options and being left to endure overcrowded accommodation. He maintained that TVNZ should have sought a privacy waiver so that Housing New Zealand could respond by discussing the true circumstances of the family shown....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Pacific – talkback segment discussing Ahmed Zaoui – host said “I don’t care if we shoot him and send him out in a dog food can” – several other statements relating to Mr Zaoui’s activities – allegedly in breach of good taste and decency and inaccurateFindings Principle 1 (good taste and decency) – context – not upheldPrinciple 6 (accuracy) – decline to determine accuracy of one statement – two statements inaccurate – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] A talkback segment on Radio Pacific in the early evening on 11 November 2004 discussed the Algerian refugee Ahmed Zaoui. The host expressed strong views that Mr Zaoui should leave New Zealand, and said “I don’t care if we shoot him and send him out in a dog food can”....

SummaryThe action of the police in Christchurch in shooting and wounding a person with a shotgun was covered in an item on 3 News at 6. 00pm, and again on Nightline at 10. 30pm, on 27 August 1998. During the item, a reporter attempted to interview a flatmate of the gunman. However, the reporter said, the flatmate indicated that he had been paid to talk exclusively to another news organisation. When the flatmate was heard to tell the reporter that he had received "a few thousand dollars" to talk only to the other news organisation, a shot of a vehicle marked "One Network News" was shown. Television New Zealand Ltd, which produces One Network News, complained to TV3 Network Services Ltd, the makers of 3 News and Nightline, that the items were inaccurate and unfair. Further, it complained that although TV3 news had been advised by 9....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Inside New Zealand documentary: “What’s Really in our Food” – discussed the effects and risks, and questioned the widespread use, of additives in New Zealand food – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme fairly presented significant viewpoints – not upheld Standard 5 (accuracy) – two statements inaccurate – upheld Standard 6 (fairness) – not unfair to persons or organisations taking part or referred to in the programme – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] An Inside New Zealand documentary entitled “What’s Really in our Food” was broadcast on TV3 at 8. 30pm on 13 September 2007. The programme discussed the effects and risks, and questioned the widespread use, of additives in New Zealand food....

An appeal against this decision was allowed in the High Court and the complaint was referred back to the Authority for reconsideration: CIV 2010-485-225 PDF136. 55 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday with Chris Laidlaw – host interviewed sociologist about anti-Semitic fringe groups in New Zealand that were seeking to deny or downplay the extent of the Holocaust – interviewee made statements about an individual who he said was a Holocaust denier – allegedly inaccurateFindingsStandard 5 (accuracy) – item was a factual programme – interviewee made statements of fact that were material to topic under discussion – accusations extremely serious – broadcaster did not make reasonable efforts to assess the veracity of the accusations – upheld by majorityNo OrderThis headnote does not form part of the decision....

The Authority has found aspects of Talanoa Sa’o breached the accuracy standard. While parts of the programme were opinion, comment or analysis to which the standard does not apply, it did contain incorrect statements of fact, false assertions, and omissions of information which would materially mislead viewers (particularly through implication). The programme created the incorrect impression that social housing will only be provided to people who are vaccinated against COVID-19; that hydroxychloroquine is an effective COVID-19 treatment and the Government has deliberately prevented New Zealanders from accessing it; and that a baby was born after an attempted abortion and left to die as a result of recently amended abortion laws. The broadcaster did not provide evidence of reasonable efforts to ensure the accuracy of the programme. Upheld: Accuracy Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $500 costs to the Crown...

ComplaintSunday – item about a dog attack on complainant’s daughter – interviewed two men who were the dog’s owners and who had pleaded guilty – questions raised about aspects of police case – unfair – unbalanced – inaccurate – dog owners' actions condoned FindingsStandard 2 and Guideline 2b – dog owners’ actions not condoned – no uphold Standard 4 and Guideline 4b – reasonable opportunities given to complainant to participate – no uphold Standard 5 and Guidelines 5d and 5e – two factual inaccuracies – park given incorrect name – upheld by TVNZ – colour of dog shown on police flyer not acknowledged as possibly incorrect – uphold – no other inaccuracies Standard 6 and Guidelines 6b, 6c and 6e – complainant advised TVNZ forcefully that he did not want to participate – late information included in item which created ambivalence but not put to complainant – not unfair in view of complainant’s stance…...

Download a PDF of Decision No. 1993-060:Kirby and TV3 Network Services Ltd - 1993-060 PDF490. 32 KB...