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Summary A documentary about cigarette smoking in New Zealand called "Up in Smoke" was broadcast on Assignment on TV One, between 8. 30pm and 9. 30pm on 23 September 1999. The Tobacco Institute of New Zealand Limited ("Tobacco Institute") complained to Television New Zealand Ltd, the broadcaster, that the programme was inaccurate, unfair and unbalanced in numerous ways. The Tobacco Institute also complained that the programme portrayed tobacco company executives and Maori women in a way which was likely to encourage discrimination against them. TVNZ responded that the programme was not unbalanced or unfair to the tobacco industry. In its view, the programme surveyed a broad range of relevant views about smoking, and included a tobacco industry perspective. TVNZ also disagreed that it had breached broadcasting standards relating to discrimination. TVNZ declined to uphold any aspect of the complaint....

The Authority has not upheld a complaint about an interview on RNZ’s Sunday Morning programme with the author of the book, The Final Choice, in the lead-up to the binding referendum on the End of Life Choice Act. The End-of-Life Choice Society complained that the interview was unbalanced and inaccurate, as it presented the book as ‘the truth’, and did not question the author’s independence or her alleged religious affiliations. The Authority noted its role is limited to applying the relevant broadcasting standards and guidelines, and determining whether any harm was caused which outweighed the right to freedom of expression; it is not the Authority’s role to determine whether the author is ‘independent’, or to determine her personal view on the topic....

The Authority has not upheld a complaint about comments made by Jack Tame during his morning show including the statement ‘Māori don’t just deserve special treatment, but are contractually guaranteed a form of special treatment under the Treaty’. The Authority found, in context, the comment amounted to analysis to which the accuracy standard does not apply. The comment was not the focus of the discussion, and an opinion-based segment such as this is not required to provide alternate perspectives under the balance standard. The remaining standards did not apply. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...

The Authority has not upheld a complaint about a Te Ao Māori News report on a   protest against Te Uru Taumatua (the Tūhoe governing authority). It found the discrimination and denigration standard did not apply as the broadcast was about individuals or an organisation rather than a recognised section of society as contemplated by the standard. It also found the broadcaster made reasonable efforts to present significant points of view in the programme, the alleged inaccuracies were either not inaccurate or not materially misleading and Te Uru Taumatua and Terehia Biddle were treated fairly in the broadcast. Not Upheld: Discrimination and denigration, Balance, Accuracy, Fairness...

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – newsreader interviewed a representative of the 'Occupy Wellington' protest movement – allegedly in breach of standards relating to accuracy, fairness, discrimination and denigration FindingsStandard 6 (fairness) – newsreader’s approach challenging but not unfair – interviewee adequately expressed his viewpoint and defended the position of the protestors – interviewee not treated unfairly – not upheld Standard 5 (accuracy) – newsreader’s comments did not amount to points of fact – interviewee’s perspective included so viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – comments did not carry the necessary invective to encourage discrimination or denigration against the protestors as a section of the community – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Media 7 – included interview with investigative journalist and foreign correspondent – made comments that were critical of a reporter and her story which was broadcast on Australian current affairs show Dateline – allegedly in breach of standards relating to fairness and accuracy FindingsStandard 6 (fairness) – Media 7 is a programme with very high value in terms of freedom of expression – the ability to analyse, review and critique media is essential to the functioning of a healthy democracy – the Dateline item was ambiguous in terms of its presentation of eye witnesses – the important principle of freedom of speech that public officials are open to criticism in their professional capacity applies equally to journalists, particularly as they are familiar with how media operate – criticisms overall were aimed at Ms Hakim in her professional, as opposed to personal, capacity –…...

Summary[This summary does not form part of the decision. ]The AM Show contained a number of items about Labour Party candidate Willie Jackson’s position on the recently released Labour Party candidate List (the List), and featured interviews with Labour Party leader Andrew Little and Willie Jackson. It was reported several times that Mr Jackson was disappointed with his position of 21 on the List, as Mr Little had ‘promised’ Mr Jackson a top-10 position. The Authority did not uphold a complaint that this was inaccurate and unfair. The segments amounted to robust political expression, which is of particular importance in the lead-up to a general election, and carried high value in terms of the right to freedom of expression. Viewers were likely to have understood the comments as political speculation, rather than definitive statements of fact, which is common in the context of political reporting....

Summary[This summary does not form part of the decision. ] During Afternoon Talk with Wendyl Nissen, Ms Nissen interviewed Police Association President, Chris Cahill. Mr Cahill discussed a recent survey which indicated an increase in police being threatened by firearms. Mr Cahill expressed his views on the potential causes of this increase, the links between the increase and the increase of methamphetamine in New Zealand, the arming of police officers, the use of MSSA (military-style, semi-automatic) firearms, and firearm registration. The Authority did not uphold two complaints that the interview breached the balance standard. The Authority found that the broadcast was a light-touch interview, albeit on a serious topic, which created an audience expectation that the interview was approaching the firearms issues from Mr Cahill’s perspective and that it did not purport to be an in-depth balanced examination of the issues raised....

Summary [This summary does not form part of the decision. ]An item on Checkpoint reported on the Lombard Finance case, focusing on a former investor and her reaction to the revised sentences handed out to the Lombard directors. The item included a quote which was incorrectly attributed to the directors. The Authority did not uphold the complaint that the misattributed quote was misleading. The quote was from the High Court judge who had summarised what he considered to be the directors’ position, so listeners’ impression of the directors from the item would not have been materially different. Not Upheld: AccuracyIntroduction[1] An item on Checkpoint discussed the Lombard Finance case with a former investor, in relation to the sentences of home detention reinstated by the Supreme Court for Lombard’s directors (having overturned the Court of Appeal’s sentences of imprisonment)....

Summary[This summary does not form part of the decision. ]An item on Seven Sharp discussed whether celebrity endorsement of any particular flag would sway public voting in the New Zealand flag referendum. The Authority did not uphold a complaint that the broadcast of the personal views of certain celebrities who supported changing the flag resulted in an unbalanced and partial programme. While the item featured several celebrities in support of the alternative flag, it also mentioned some who supported the current flag. In the context of the item this was a sufficient acknowledgement of significant viewpoints on the issue. Furthermore, viewers could reasonably be expected to be aware of the different perspectives on the flag referendum issue. Not Upheld: Controversial Issues, AccuracyIntroduction[1] A Seven Sharp item discussed whether celebrity endorsement of any particular flag would sway public voting in the New Zealand flag referendum....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – interview with Sir Stephen Tindall – Sir Stephen made very brief reference to Joan Withers as a trustee of one of his projects – allegedly in breach of accuracy, fairness and responsible programming standardsFindingsStandard 5 (accuracy), Standard 6 (fairness), Standard 8 (responsible programming) – Authority has previously declined to determine similar complaints from Mr Golden – complaint is trivial and bordering on vexatious for Mr Golden to continue referring similar complaints following Authority’s previous rulings – Authority declines to determine the complaint in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Download a PDF of Decision No. 1991-044:Wellington Palestine Group and Television New Zealand Ltd - 1991-044 PDF609. 76 KB...

The Authority has not upheld a complaint under the balance, accuracy, and fairness standards about a Q + A interview with David Seymour on the Principles of the Treaty of Waitangi Bill (Bill). The complainant alleged TVNZ’s reporting on the Bill, in this broadcast and in general, was biased; interviewer Jack Tame inaccurately claimed the Treaty of Waitangi/Te Tiriti o Waitangi is a partnership and erroneously cited the ‘Fleming version’ of the Treaty; and it was unfair to ‘only present one side of an argument’. The Authority found the balance standard does not apply to concerns of bias, and the audience was likely to be aware of significant perspectives on the Bill from this broadcast and other media coverage. It also found it was not misleading to suggest the Treaty/Te Tiriti is a partnership or cite the official English text of the Treaty. The fairness standard did not apply....

The Authority has not upheld a complaint that two interviews on Morning Report, which explored the propriety of funding for a campaign to encourage Māori to register on the Māori electoral roll, breached the balance and accuracy standards. The complainant said the interviews with Merepeka Raukawa-Tait, Chair of the Whānau Ora Commissioning Agency (WOCA) which funded the campaign, and with Hon Shane Jones, who was asked to comment on the issue, displayed ‘anti-Māori bias’. Noting the broadcast incorrectly stated WOCA was a government agency, the complainant also said listeners would be left with an impression there was corruption taking place based on a false assumption. The Authority found the balance standard was not breached as significant perspectives about the advertising campaign were presented in the broadcast and in other media within the period of current interest....

The Authority has not upheld a complaint that a broadcast of Mediawatch, which contained commentary on a recently released Media Council decision concerning an article about puberty blockers, breached the balance, accuracy and fairness standards. The Authority found the programme was sufficiently balanced, noting its focus was on the Media Council’s decision (including its implications for journalists) and that it did not purport to be a balanced examination of the safety or reversibility of puberty blockers. It found alleged inaccuracies in the broadcast constituted comment, analysis or opinion to which the accuracy standard does not apply. Taking into account the Media Council’s role as a public-facing organisation, the Authority noted it can reasonably expect its decisions to be subject to public scrutiny, and found the critique of its decision did not result in unfairness. Not Upheld: Balance, Accuracy, Fairness...

The Authority has not upheld a complaint that a Newshub Live at 6pm item suggesting Labour’s Affordable Water Reform policy encompassed controls over all freshwater breached the accuracy standard. The Authority found the relevant references to freshwater were inaccurate. However, in the context of a story about Mayor Wayne Brown’s concerns for Auckland ratepayers and call to action for National, such detail regarding Labour’s policy was not material to the audience’s overall understanding of the item. Not Upheld: Accuracy...

The Authority has not upheld a complaint that RNZ breached the accuracy and balance standards of the Code of Broadcasting Standards in New Zealand for including a statement in a news bulletin that Israel was ‘carpet bombing the Palestinian territory’. The Authority noted that it is not its role to determine the definitive meaning of the term ‘carpet bombing’; nor to determine whether Israel has carried out ‘carpet bombing’. The Authority’s role is to decide whether reasonable efforts have been made to ensure accuracy. Noting ‘carpet bombing’ carries multiple meanings and the story was focused on the impacts of the bombing (not military strategy), the Authority did not find any material inaccuracy likely to impact the audience’s understanding of the broadcast as a whole. The balance standard did not apply. Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint concerning an item on 1News reporting on cuts to the public sector. The complainant considered the broadcast’s claim that public sector spending cuts were to help pay for the government’s tax cuts was inaccurate, unbalanced and was unfair to Minister of Finance Nicola Willis, as it fully attributed public sector funding reductions to paying for tax cuts. The Authority found no breach of the accuracy standard, noting the broadcast did not fully attribute public sector funding reductions to paying for tax cuts. It further found in a news story about the impact of the cuts, the broadcaster was not required to include reference to other reasons for better management of government funds, as well as other financial measures that would also help pay for tax cuts, as the complainant had submitted....

The Authority has not upheld a complaint that an episode of Country House Hunters New Zealand breached the accuracy standard. In the episode, the host showed a couple around three houses in Greytown, each of which had ‘for sale’ signs on their fences indicating they were for sale through a particular real estate agency. The complainant considered it was misleading that the broadcaster did not disclose two of the houses were actually ‘off-market’ sales, and citing values for these houses would have given viewers an inflated impression of the market value of the houses, and the Greytown property market generally....