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Decisions
Taylor and Television New Zealand Ltd - 2017-041 (24 July 2017)
2017-041

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....

Decisions
Elliott and Television New Zealand Ltd - 2018-096 (4 February 2019)
2018-096

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an item on 1 News, which reported on a recent win and the increasing success of the Black Ferns rugby team. The complainant alleged the item was inaccurate and misleading as the number of attendees at the game was incorrectly reported. The Authority found that while the number of attendees was stated incorrectly, this was immaterial to the focus of the item which was the Black Ferns’ win and growing success, and unlikely to affect the audience’s understanding of the programme as a whole. Not Upheld: AccuracyThe broadcast[1] A 1 News item reported on a Black Ferns game, specifically their win over the Wallaroos (the Australian women’s national rugby union team) for the Laurie O’Reilly Memorial Trophy....

Decisions
Māori Television Service and Television New Zealand Ltd - 2020-077 (16 November 2020)
2020-077

The Authority has not upheld a complaint from Māori Television Service (MTS) about an item on 1 News concerning the MTS online COVID-19 programme Tapatahi. MTS argued the piece inaccurately reported it had received nearly $300,000 of Government funding for the programme, and that the Government was calling for a review as Tapatahi was presented by MTS’s Chief Executive. The Authority found the item was materially accurate and MTS was given a fair and reasonable opportunity to respond. Not Upheld: Accuracy, Fairness...

Decisions
Gibson and Television New Zealand Ltd - 2019-117 (7 May 2020)
2019-117

In a 1 News report on the ruling of the UK Supreme Court that Prime Minister Boris Johnson’s decision to suspend Parliament for five weeks was unlawful, a statement was made in the introduction of the item that Boris Johnson had ‘lied to the Queen’. TVNZ upheld the complaint that the statement was inaccurate, apologised to the complainant and held discussions with the news team to ensure that systems were put in place to reduce the risk of inaccurate reporting. The Authority did not uphold a complaint that the action taken by TVNZ was insufficient, finding that the action was appropriate and proportionate to the breach identified. Not Upheld: Accuracy (Action Taken)...

Decisions
Hehir and Television New Zealand Ltd - 2021-058 (24 August 2021)
2021-058

The Authority has not upheld a complaint about an item on 1 News including criticism of Easter trading restrictions and of the councils imposing them, in the wake of COVID-19 and its impact on retailers. The complainant alleged the item was unbalanced on the basis it failed to include the views of the councils being criticised, and of others who supported current restrictions, such as unions and churches. The Authority found, in the context of an item discussing criticism of the status quo, and where debate about Easter trading restrictions and coverage of such debate is ongoing, viewers were unlikely to be left misinformed by the broadcast. Not Upheld: Balance...

Decisions
Short and Television New Zealand Ltd - 2022-062 (5 October 2022)
2022-062

The Authority has not upheld a direct privacy complaint regarding a 1 News item reporting on Kamahl Santamaria’s resignation from Breakfast, where it was stated that ‘allegations of inappropriate behaviour have surfaced’ (reported earlier that day by Stuff). The Authority found Santamaria did not have a reasonable expectation of privacy in relation to the information reported, and the item carried high public interest. Not Upheld: Privacy...

Decisions
Hapeta and Television New Zealand Ltd - 2020-172 (22 June 2021)
2020-172

The Authority has not upheld a complaint about an item on 1 News in which Darryl Leigh Thomson was described as a co-writer of the song ‘E Tū’. While the Authority agreed it was not accurate to describe Mr Thomson as having co-written the song, it found TVNZ made reasonable efforts to ensure accuracy. Not Upheld: Accuracy...

Decisions
Wakeman and Television New Zealand Ltd - ID2023-050 (9 August 2023)
ID2023-050

The complainant referred a complaint concerning an item broadcast on 1 News accompanied by submissions in excess of 100 pages, indicating further submissions would be required. The Authority ordered the complainant to resubmit the complaint in a more proportionate form, constituting a single submission not exceeding 2,000 words, within 20 working days of this decision. Order to resubmit complaint in a form not exceeding 2,000 words within 20 working days...

Decisions
Kiddle and Television New Zealand Ltd - 2017-008 (26 April 2017)
2017-008

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the humanitarian crisis in Damascus following disruption of water supplies, caused by fighting between the Syrian army and rebel forces. During the item, the reporter said, ‘The outage came after the government attacked rebels holding the city’s main water source’. The Authority did not uphold a complaint that this item was biased and misleading by allegedly attributing blame for the water outages to President Bashar al-Assad, rather than the rebel forces. In the context of a brief item focused on the humanitarian impact of the conflict, the statement made by the reporter was a reasonable description of what occurred, and the omission of further information or different sources would not have left viewers misled or uninformed about the events covered by the item....

Decisions
Wicks and Television New Zealand Ltd - 2020-126 (13 May 2021)
2020-126

The Authority upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb. It featured an interview with a resident reported as being ‘too scared to be identified’. Close-up footage, including a side-on view of part of her face (unblurred), revealed her demographic, gender, the length and colour of her hair, voice, profile of her nose, clothes, watch, a distinctive ring and the side of her glasses. The Authority found these features enabled identification of the interviewee beyond family and close friends. Their disclosure would be highly offensive to an objective reasonable person in her position, given she participated on the understanding she would not be identified. The Authority was not persuaded the defence of informed consent applied to the breach of the woman’s privacy....

Decisions
Grieve & Ryburn and Television New Zealand Ltd - 2023-104 (5 March 2024)
2023-104

The Authority has not upheld two complaints that it was inaccurate and/or unbalanced for an item on 1News to describe land in central Auckland as being ‘gifted’ by Ngāti Whātua to the Crown in 1840. The Authority found it was not materially inaccurate to describe the land in this way in the context of an item focused on Ngāti Whātua’s call to change Auckland Anniversary Day. Further, any harm caused by not including a detailed explanation of the land transfer did not outweigh the broadcaster’s right to freedom of expression. The balance standard did not apply. Not Upheld: Accuracy, Balance...

Decisions
Frost and Television New Zealand Ltd - 2021-147 (7 March 2022)
2021-147

An item on 1 News covering COVID-19 vaccination mandate protests disrupting Prime Minister Jacinda Ardern’s engagements showed a protester claiming the Pfizer vaccination was ‘experimental until 2023’. The complainant argued the item lacked balance as it did not clarify that the views expressed by the protester were their own, or include any counter views from an expert. The Authority found the balance standard did not apply as the broadcast did not amount to a relevant ‘discussion’ of the issue which the complainant alleged was unbalanced (the safety of the Pfizer vaccine). Not Upheld: Balance...

Decisions
MacKenzie and Television New Zealand Ltd - 2022-011 (7 March 2022)
2022-011

The Authority has declined to determine a complaint alleging it was unbalanced to include coverage of some New Year Honours award recipients and not others. As this complaint relates to a matter of editorial discretion and personal preference, it is not capable of being determined by this complaints procedure and had little connection to the standard raised. The Authority considered that, in all the circumstances of the complaint, it should not be determined by the Authority. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance...

Decisions
West and Television New Zealand Ltd - 2018-043 (24 August 2018)
2018-043

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....

Decisions
Berry and Television New Zealand Ltd - 2022-068 (5 October 2022)
2022-068

The Authority has not upheld a complaint about an item on 1 News which reported on Prime Minister Jacinda Ardern’s visit to the United States Congress, where she spoke with lawmakers including Senator Mitt Romney. The complaint alleged the use of the terms ‘Mormon’ and ‘god-fearing and gun-toting’ in the context of comments about Romney breached the discrimination and denigration standard. The Authority found the comments did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...

Decisions
Schon and Television New Zealand Ltd - 2022-080 (26 October 2022)
2022-080

The Authority has not upheld a complaint that an item on 1 News concerning increased racism experienced by public figures in relation to co-governance issues breached the balance, accuracy and discrimination and denigration standards. The complainant alleged the association of opponents of co-governance with racist abuse was an attempt to paint all opponents as racist and stop debate. The Authority found the broadcast was accurate and the expert featured could reasonably be relied upon, and the balance standard was not applicable. While the complainant was concerned the broadcasts denigrated opponents of co-governance, this group is not a recognised section of society for the purposes of the standard. Not upheld: Accuracy, Balance, Discrimination and Denigration...

Decisions
Wong & Soper and Television New Zealand Ltd - 2020-177 (22 June 2021)
2020-177

The Authority has not upheld two complaints about an item on 1 News that reported on protests in Washington DC in opposition to the results of the United States Presidential election. The complaints were the item’s description of the Proud Boys as a ‘white supremacist’ group was inaccurate because its leader, Enrique Tarrio, is African-Cuban and it is an ‘American chauvinist’ rather than a white supremacist group. Mr Soper also complained the item’s descriptions of Joe Biden as President-Elect, before his confirmation by the Electoral College, and of voter fraud claims as unproven, were unbalanced and inaccurate because Mr Biden’s election had not been confirmed and there was substantial evidence of voter fraud. The Authority found use of the term ‘white supremacist’ was distinguishable as analysis and opinion, to which the requirement for factual accuracy does not apply....

Decisions
Malone and Television New Zealand Ltd - 2019-099 ( 7 April 2020)
2019-099

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...

Decisions
FV and Television New Zealand Ltd - 2018-004 (18 April 2018)
2018-004

Summary[This summary does not form part of the decision. ]An item on 1 News, broadcast on Christmas Eve in 2017, reported on fatal road crashes that had occurred during the holiday road toll period, including a crash involving the complainant’s husband. The item featured footage of the crashed vehicle, emergency services working, and a shot (from a considerable distance) of people as they watched. The Authority did not uphold the complaint, finding that the standard could not apply to the complainant’s deceased husband, and in addition, he and the complainant’s whanau were not identifiable in the footage, which is required under the privacy standard....

Decisions
PK and Television New Zealand Ltd - 2020-149 (16 March 2021)
2020-149

The Authority has not upheld a complaint that a 1 News item reference to a New Conservative Party policy of ‘repealing gay marriage’ was inaccurate. The Authority found the statement was not inaccurate or misleading, in light of the party’s advertised marriage policy. Not Upheld: Accuracy...

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