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An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on death of a man who was shot while out hunting – during visual reconstruction person pointed a firearm at the camera – allegedly in breach of law and order standard FindingsStandard 2 (law and order) – footage of a gun pointed at the camera did not, when taken in context, encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] A Close Up item reporting on the sentencing of a man convicted of shooting another man in a hunting accident, included visual reconstructions of people hunting. The reporter referred to previous hunting accidents, and a brief, out-of-focus shot of a gun pointing towards the camera was shown during a visual reconstruction of a hunting trip....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on New Zealand protestor’s decision to travel to Gaza with his son as part of a humanitarian aid flotilla – commented on recent Israeli commando raid on another aid flotilla – allegedly in breach of standards relating to controversial issues, accuracy, fairness and responsible programming FindingsStandard 4 (controversial issues – viewpoints) – item focused on one man – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 8 (responsible programming) – Close Up was an unclassified current affairs programme – item would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – reference to the “Labour Government” – allegedly inaccurate, unfair and in breach of standards relating to programme informationFindingsStandard 6 (accuracy) – “Labour-led” government acceptable shorthand – not upheld – majority considers “Labour” government acceptable shorthand – not upheld Standard 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast an item on Close Up on 21 July 2005 at 7pm. During the course of a political interview, the presenter used the term “Labour Government” to refer to the Government. Complaint [2] Vivienne Shepherd complained to Television New Zealand Ltd, the broadcaster, that the use of the term “Labour Government” was inaccurate, unfair and in breach of standards relating to programme information. She noted that the government was made up of a Labour-Progressive Coalition....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – report on the sale of horse meat for human consumption that had been processed as pet food – included undercover investigation – reporter shown speaking with the owner of pet food factory allegedly supplying horse meat – reporter told to leave the property but continued to ask questions – allegedly in breach of law and order Findings Standard 2 (law and order) – reporter acted in a professional and appropriate manner – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about suburban brothels – showed hidden camera footage taken inside travel agency – reporter was shown asking teller about sending money back to China and “hiding the money” without any trace – teller agreed that she could do this – allegedly unbalanced, inaccurate, unfair and a breach of privacy FindingsStandard 3 (privacy) – companies have no right to privacy – teller had no interest in solitude or seclusion at place of employment – not upheld Standard 4 (balance) – subsumed under Standard 6 Standard 5 (accuracy) – item not misleading or inaccurate – hidden camera footage portrayed actual events – not upheld Standard 6 (fairness) – teller not treated unfairly – An Ying “referred to” but not identifiable, therefore broadcaster not required to give an opportunity to comment – use of hidden camera not unfair – not upheld This headnote does not form…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on the manuka honey industry – investigated claims that some manuka honey producers were misleading consumers by putting false information on their labels – allegedly in breach of controversial issues standard Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast at 7pm on Wednesday 5 August 2009, investigated whether claims made on manuka honey labels could be backed up by tests. The presenter introduced the item by saying: They call it liquid gold. It’s one of our fastest export success stories, but tonight we rip the lid off an industry rife with false claims, with deceit....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about homeopathy sceptics – included comment from sceptics, a homeopathy client, a practitioner and New Zealand Council of Homeopaths – allegedly in breach of controversial issues standard FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – three interviewees offered views in favour of homeopathy – broadcaster made reasonable efforts to present significant points of view – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Wednesday 10 February 2010, featured an experiment conducted by the New Zealand Sceptics Society in which they tried to overdose on homeopathic remedies. They reached the conclusion that the remedies were essentially water containing extremely diluted substances....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on the standard of care in rest homes in New Zealand – producer went undercover as a caregiver for five days in a rest home on Auckland’s North Shore – presenter and undercover producer raised a number of concerns regarding the quality of care being provided in the rest home – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – owners provided with an adequate opportunity to respond to allegations – broadcaster made reasonable efforts to provide significant viewpoints on the controversial issue discussed – not upheld Standard 5 (accuracy) – undercover producer’s opinions and impressions not statements of fact – decline to determine whether undercover producer contracted an MRSA infection from rest home – not upheld Standard 6 (fairness) – legitimate use of covert filming – in the public interest to broadcast the material – item treated…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – update on a 2005 story about a Chinese family – father had been deported and mother was fighting a deportation order – interviewed the couple’s three children – daughter was shown distressed and in tears – allegedly unfair Findings Standard 6 (fairness) – broadcaster failed to use discretion and sensitivity when interviewing child about a distressing situation – child was exploited – unfair – upheld Order Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $1,500 This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 14 November 2006, discussed a long-running court case involving a Chinese couple who had come to New Zealand on a working visa more than a decade ago....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – included estimates of Iraqi civilian and military deaths since 2003 invasion – figures said to be difficult to verify – conservatively put at 49,642 but said most estimates suggested well over 100,000 – allegedly inaccurate FindingsStandard 5 (accuracy) – wide ranging estimate was not inaccurate – not upheld This headnote does not form part of the decision. Broadcast 1] The estimated number of Iraqi deaths since the US-led invasion on 20 March 2003 was given in an item on Close Up, broadcast on TV One on 7 December 2006 beginning at 7. 00pm. After giving the number of American and other coalition soldiers killed, the item reported: When it comes to tallying the number of Iraqi deaths, figures are difficult to verify....

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about two young people training for the priesthood at a seminary on Ponsonby Road – reporter used phrases “big boss” and “big guy” when referring to God and said “helluva” – allegedly in breach of good taste and decency and denigratory FindingsStandard 1 (good taste and decency) – context – not upheld Standard 6 and guideline 6g (denigration) – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on, and interviewed, young Māori activist who expressed his views on the Government’s sale of state assets and mining proposals – presentation of item allegedly in breach of good taste and decency, controversial issues, and discrimination and denigration standardsFindingsStandard 7 (discrimination and denigration) – views expressed by Wikatane Popata represented one end of a political spectrum – his views were described as radical and audience would have understood that they were not representative of all Māori or young Māori – item did not encourage the denigration of, or discrimination against, any section of the community – not upheld Standard 4 (controversial issues) – interview did not discuss a controversial issue of public importance – focused on the Popata brothers and their political views – reporter took “devil’s advocate” approach and programme included viewer feedback – not upheld Standard 1…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye – focused on a chemical named paraphenylenediamine – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – standard did not apply – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements – not upheld Standard 6 (fairness) – broadcaster not required to seek comment from the industry body – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on TV One’s Close Up programme, broadcast on 25 May 2007 at 7pm, discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – interview with a woman who had witnessed a fatal stabbing in Auckland – presenter said “that woman told us she was off home now to have a stiff brandy – as you would do. Have two” – allegedly in breach of liquor standardFindings Standard 11 (liquor) – comment did not amount to liquor promotion – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Close Up, broadcast on TV One at 7pm on 28 November 2005, included an interview with a woman who had witnessed a fatal stabbing in Auckland. At the end of the item, the programme’s presenter said: That woman told us she was off home now to have a stiff brandy, as you would do. Have two....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about a 10-year-old child who had taken his mother’s car for a joyride – child interviewed while sitting in the driver’s seat – showed child sitting in the driver’s seat of the car alone and rolling down the driveway at his house – allegedly in breach of law and order and children’s interests Findings Standards 2 (law and order) and 9 (children’s interests) – item did not encourage adult target audience to break the law or otherwise promote, condone or glamorise illegal behaviour – clearly illustrated the boy’s actions were dangerous and illegal – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with woman who was launching a brand of cosmetics made from natural ingredients – contained a number of statements about the chemicals contained in mainstream cosmetics, including that most contained parabens – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – item did not discuss a controversial issue of public importance – presented one woman’s views and experiences – not upheld Standard 5 (accuracy) – interviewee was not presented as an expert – viewers would have understood that her comments were opinion and not statements of fact – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on an incident at Fairfield College in which a group of teenage girls were admitted to hospital after taking drugs – included summary of problems previously experienced at Fairfield College – allegedly in breach of standards relating to controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – in any event, alternative viewpoints were presented and representatives from Fairfield College were invited to appear on the programme – not upheld Standard 5 (accuracy) – item was not inaccurate and did not create a misleading impression about the problems faced at Fairfield College – not upheld Standard 6 (fairness) – Fairfield College was provided with a reasonable opportunity to comment and its response was adequately conveyed in the broadcast – Fairfield College was treated fairly – not upheld This…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – language in interview with chef Gordon Ramsay – allegedly in breach of children’s interests standard Findings Standard 9 (children’s interests) – children unlikely to be watching unsupervised – Gordon Ramsay famous for use of bad language so not unexpected – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Close Up, broadcast on TV One at 7. 30pm on Monday 23 June 2008, the programme’s host interviewed Gordon Ramsay, a well-known and hot-tempered chef. During the interview, the host asked him, “So no swearing at home then? ” Mr Ramsay replied that although he and his family did not swear at home, he could not stop his children hearing swear words at school in the playground, and his eight-year-old son had recently been taught the word “wanker” by his schoolmates....