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Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the reporter’s statements about the referendum regarding the establishment of a Māori ward were inaccurate. While several of the reporter’s statements could be seen to conflate the issues about representation, the surrounding statements clarified what was being discussed so viewers would not have been misled. In the context of the item, these statements did not reach the threshold for breaching the accuracy standard....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on the stories of two families (A and B) and their experiences with The Welcome Home Foundation (now called the Home Funding Group) (together, HFG). Both families claimed that they lost money through their involvement with HFG, which provided financial support and the ability to hold money ‘on trust’ towards a deposit for a home. The Authority did not uphold a complaint from the director of HFG, Luke Atkins, that the broadcast breached the accuracy, fairness and balance standards. While one aspect of the item was found to be inaccurate by the broadcaster, the Authority found that the action taken in the circumstances was sufficient....

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 1 News reported on the Labour Party’s ‘Ready for Work’ policy, which offered unemployed young people employment on the minimum wage in environmental and community projects for six months. The item reported that, according to Labour, the scheme would cost $60 million per year for 10,000 participants. However, the $60-million sum was actually ‘based on participants taking up the scheme for just four months, not the promised six’. The Authority did not uphold a complaint that the item was based on inaccurate and unsubstantiated conclusions made by the reporter featured in the item, which was misleading and damaged the credibility of the Labour Party....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on Prime Minister Bill English’s experience during Waitangi Day, including a phone call with the President of the United States of America, President Trump. During an introduction to the item, the newsreader referred to President Trump’s ‘anti-Muslim travel ban’. The Authority did not uphold a complaint that the newsreader’s statement was inaccurate and unbalanced. The focus of this item was not the precise terms of Executive Order 13679 or its implications, but rather Bill English’s experiences on his first Waitangi Day as Prime Minister, during which his phone discussion with President Trump took place. In this context, the newsreader’s shorthand description of the Order was acceptable. The Authority pointed out, however, that broadcasters should take care when adopting commonly used shorthand terms, as this may not always be sufficient to meet standards of accuracy....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an influx of refugees and migrants crossing the border from the United States of America (US) into Canada to claim refugee status. The reporter said that this influx was due to uncertainty after the election of Donald Trump as President, and a ‘loophole’ in the law which meant that ‘if a person can make it onto Canadian soil, they’re able to claim asylum’. The Authority found that the term ‘loophole’ was a reasonable description of a gap in the 2004 Canada-US Safe Third Country Agreement, in which refugee claimants seeking entry into Canada by crossing the border illegally would not be turned back to the US (as the first safe country), but rather arrested and allowed to claim refugee status in Canada....

Summary[This summary does not form part of the decision. ]A campaign clip for the National Party (an election programme for the purposes of the Election Programmes Code) was broadcast on TVNZ 1 on 28 August 2017. The clip featured a group dressed in blue running through New Zealand landscapes, who passed another group of four wearing red, green and black shirts with their legs tied together and struggling. The Authority did not uphold a complaint that the election programme breached the Election Programmes Code of Broadcasting Practice and was misleading on the grounds it implied that National was only a single party in Government. The election programme did not imitate any existing programme, format or identifiable personality as envisaged by the misleading programmes standard in the Election Programmes Code....

Summary[This summary does not form part of the decision. ]During a sports news segment on Breakfast, the sports presenter was discussing American golfer Jordan Spieth’s victory at the British Open Championship. At the end of the segment the presenter remarked, ‘Yeah, they don’t have very good humour the British, do they? They probably didn’t get [Mr Spieth’s] speech. ’ A complaint was made that this comment was ‘racist and untrue’. The Authority did not uphold the complaint, finding the comment was not malicious and was unlikely to cause widespread offence, therefore any potential harm caused by the broadcast did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy  Introduction[1] During a sports news segment on Breakfast, the sports presenter discussed American golfer Jordan Spieth’s victory at the British Open Championship....

Summary[This summary does not form part of the decision. ]An episode of Shortland Street featured a character using the phrase (according to the accompanying closed captions), ‘You’ve got no freaking idea…’ The Authority did not uphold a complaint that this phrase breached the good taste and decency standard because in the complainant’s view, the character actually said ‘f***ing’. The Authority noted that if broadcasters wish to broadcast sanitised versions of unacceptable words, then it is their responsibility to make it clear that it is not the offensive word that is being uttered, but rather a word which is distinctly aurally different. Here, where there was some uncertainty about what was said, the Authority did not uphold the complaint....

Summary[This summary does not form part of the decision. ]The Authority upheld a complaint under the accuracy standard about an item on 1 News, which discussed the Auckland Council’s vote on the draft proposal for the Auckland Regional Fuel Tax (the Tax). The Authority found the segment, through the omission of key information about the ongoing consultation and the presenter’s use of the terms ‘green light’ and ‘done deal’, was likely to mislead viewers into thinking the proposal voted on by the Council was final and that there was no further period of public consultation. The importance of keeping audiences informed on issues of public and political significance was emphasised by the Authority....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an episode of Breakfast, in which the phrase ‘he rooted my missus’ was read out on air, breached the good taste and decency standard. The Authority found that while the phrase was coarse and may have offended some viewers, the term ‘rooted’ was unlikely to undermine or violate widely shared community norms. Overall, the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and DecencyThe broadcast[1] During an episode of Breakfast presenter Jack Tame read out some viewer feedback which included the phrase ‘he rooted my missus’. Other presenters on the show were shocked, laughed and said, ‘you can’t read that....

The University of Otago (the University) complained that three broadcasts by TVNZ, about sexual assault allegations by former and current students of the University, breached the fairness, balance and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice. The complaint about Sunday was not upheld, but aspects of the complaint about Breakfast and 1 News were upheld. Overall, the Sunday programme was balanced, as it included comment from the University and was clearly signalled as coming from the perspective of the women interviewed. No material inaccuracies were identified, and the University was given a reasonable opportunity to respond. However, the Breakfast and 1 News items focussed more specifically on perceived shortcomings of the University and its decision not to be interviewed, resulting in unfairness to the University. The Authority also found that the Breakfast programme lacked balance....

The Authority did not uphold a complaint under the good taste and decency standard about the use of coarse language in the American action comedy film Beverly Hills Cop. Taking into account relevant contextual factors, including the AO classification, time of broadcast at 8. 30pm during adult viewing time, clear warning for frequent use of coarse language, and audience expectations of the film and TVNZ DUKE, the Authority was satisfied the broadcaster gave viewers sufficient information to regulate their own, and their children’s, viewing. In the context, the broadcast did not threaten community standards of good taste and decency and the broadcaster adequately enabled child viewers to be protected from potentially unsuitable content. Not Upheld: Good Taste and Decency, Children’s Interests...

The Authority has upheld a complaint that an item on Sunday, featuring a family who complained to the Health and Disability Commissioner (HDC) about allegedly inadequate maternity healthcare following the death of their baby, breached the fairness and privacy standards. The Authority found it was unfair to name the complainant, HV, as the consultant obstetrician on the case prior to the HDC completing its investigation or making any findings. Singling out HV in this way had the effect of predetermining an adverse conclusion about their responsibility (whether or not that was the broadcaster’s intention), and the complainant was not informed about the proposed broadcast or given an opportunity to respond or mitigate any reputational impact. On privacy, the Authority found the fact HV was subject to an HDC complaint was information about which the complainant had a reasonable expectation of privacy....

 The Authority has upheld a complaint that a promo for The Shallows shown during Finding Dory breached the children’s interests standard. The Authority found that the promo, which featured sinister and scary shark related content, was inappropriate for a child audience which would likely have been disturbed or alarmed by it. The Authority noted the importance of scheduling and editing promos for AO programmes appropriately, taking into account the classification of the host programme, and also the time of broadcast, target and likely audience of the host programme, and audience expectations. In considering the contextual factors, the Authority also found that the promo did not meet the G classification of the host programme. The Authority made no orders, and determined that the publication of the decision was sufficient to publicly notify and remedy the breach and would provide appropriate guidance to the broadcaster and to broadcasters generally....

The Authority did not uphold a complaint that the use of the term ‘synthetic cannabis’ in a 1 News segment that reported on these products and their likely link to a number of deaths breached the accuracy or programme information standards. The Authority cited a recent decision where it found that while these products do not contain actual cannabis, the term ‘synthetic cannabis’ is commonly used to describe them and is unlikely to mislead viewers. Therefore, the Authority did not consider it likely viewers would be significantly misinformed by its use in this broadcast. The Authority also did not identify any breaches of the programme information standard. Not Upheld: Accuracy, Programme Information...

Download a PDF of Decision No. 1992-088:Health Action and Television New Zealand Ltd - 1992-088 PDF349. 47 KB...

Download a PDF of Decision No. 1991-026:Heritage Mining NL and Gold Resources Ltd and Television New Zealand Ltd - 1991-026 PDF1. 27 MB...

Summary [This summary does not form part of the decision. ] A Close Up item focused on a New Zealand doctor who was offering an experimental stem cell treatment to people with Multiple Sclerosis. Hidden camera footage was obtained by a patient, and parts of it were broadcast in the story. The Authority upheld the complaint from the doctor that he was treated unfairly and his privacy was breached. The doctor was not given a fair opportunity to comment for the programme, his privacy was invaded through the use of a hidden camera, and, as the raw footage from the consultation was unavailable, the broadcaster could not demonstrate that the level of public interest in the footage outweighed the breach of privacy....

*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. ]A Seven Sharp item discussed the release of Nicky Hager’s book Dirty Politics and included an interview with Mr Hager. The Authority did not uphold the complaint that the Seven Sharp host was biased and treated Mr Hager unfairly. The host’s comments were clearly his opinion, and Mr Hager was given a fair and reasonable opportunity to put forward his position. Not Upheld: Controversial Issues, Accuracy, FairnessIntroduction[1] An item on Seven Sharp was introduced by the hosts, Mike Hosking and Toni Street, as follows: Hosking: So, question: are we shocked at what Nicky Hager has in his book, Dirty Politics? In a word, I think no. it is not the big exposé Hager claims it is; there is no smoking gun....