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Minister of Justice (Hon Tony Ryall) and Radio New Zealand Ltd - 1999-195
1999-195

Summary There was controversy over the government’s proposal to enact legislation dealing with crimes of home invasion, according to news reports and an extended news item on Radio New Zealand Ltd’s Morning Report programme broadcast on 23 June 1999 at 7. 00am, 7. 30am, 7. 40am and 9. 00am. The former Justice Minister was said to be willing to admit that the bill had "some flaws". Hon Tony Ryall, Minister of Justice, complained that the reports were inaccurate when they reported that Sir Douglas Graham, the former Minister of Justice, "had admitted the bill was flawed". Mr Ryall advised that he had spoken to Sir Douglas, who confirmed that he had not made the remarks attributed to him. RNZ acknowledged that Sir Douglas had not used the word "flawed". However, it argued, the phrase was used accurately to reflect Sir Douglas’s view that the bill had limitations....

Decisions
Stemson and Radio New Zealand Ltd - 1999-052
1999-052

SummaryA report on Maori Housing was discussed on RNZ’s Morning Report on 12 January 1999. A range of differing views was expressed on the matter. Mr Stemson complained to Radio New Zealand Ltd about the accuracy of comments made by Hon Wyatt Creech (the Deputy Prime Minister) when he spoke about the accommodation supplement. Dealing with the complaint as one which alleged a lack of balance, RNZ said that there was no record of Mr Creech being interviewed. As the complaint seemed concerned with the adequacy of policy, RNZ suggested to Mr Stemson that he express his opinion directly to the Minister or his MP. Dissatisfied with RNZ’s decision, Mr Stemson referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to determine the complaint....

Decisions
Christian Heritage Party and Claasen and The Radio Network Ltd - 1999-157, 1999-158
1999-157–158

Summary An item on the Larry Williams Programme focussed on the resignation from the Alliance Party of Mr Frank Grover MP. The item included interviews with Mr Jim Anderton, the leader of the Alliance Party, and with Mr Grover. It was broadcast on Newstalk ZB on 11 June 1999, commencing at about 6. 15 pm. Both John Bryant, the Executive Director of the Christian Heritage Party, and Adam Claasen of Christchurch complained to The Radio Network Limited, the broadcaster, that the item was untruthful, unfair, deceptive and unbalanced. Mr Grover had agreed to the interview on the basis that Mr Anderton was not "on the call at the same time", they wrote, but by including Mr Anderton in the interview, the host had breached that agreement....

Decisions
Fortune and Television New Zealand Ltd - 2001-209
2001-209

ComplaintThe Private Lives of Giants – documentary – imperial measurements used – breach of taste – breach of law – inaccurate FindingsStandard G1 – no inaccuracies – no uphold Standard G2 – no community standards issues – no uphold Standard G5 – complaint referred to specific statute not legal principles – no uphold This headnote does not form part of the decision. Summary [1] The Private Lives of Giants was the title of the programme broadcast in the "Documentary New Zealand" slot at 8. 30pm on TV One on 23 July 2001. Non-metric measures were used throughout the programme. [2] Mr Fortune complained to Television New Zealand Ltd, the broadcaster, about the use of imperial measures. He considered that the metric system of weights and measures, which had been introduced by law in 1969, was being deliberately flouted....

Decisions
Halliwell and Television New Zealand Ltd - 2009-091
2009-091

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Sunday – items discussed suppressed evidence from the David Bain trial that had been released by the courts – allegedly unbalanced, inaccurate and unfair FindingsOne News Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item reported on the evidence released by the court in a neutral manner – contained comment from Mr Bain’s supporter Mr Karam – reporter explained reasons for the evidence being suppressed – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 Sunday Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item contained comment from those individuals whose evidence had been suppressed – contained comment from Mr Karam – Mr Bain treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard…...

Decisions
Broughton and Rikys and Television New Zealand Ltd - 2009-104
2009-104

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host interviewed Professor of Māori history about 21 hui selecting a ‘Māori’ flag to be flown on Auckland Harbour Bridge on Waitangi Day – both host and interviewee commented that the process was a waste of time and money – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – item discussed controversial issue of public importance – One News item the previous evening presented alternative viewpoints which provided balance – not upheld Standard 7 (discrimination and denigration) – comments reinforced negative stereotypes but did not reach threshold necessary for encouraging denigration – not upheld Standard 5 (accuracy) – comments about Tino Rangatiratanga flag being one of division were clearly the host’s opinion – not upheld Standard 6 (fairness) – fairness to Māori dealt…...

Decisions
Burnby and Television New Zealand Ltd - 2009-157
2009-157

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about large-scale animal neglect on a farm owned by one of New Zealand’s largest dairy producers – included footage of the complainant – allegedly inaccurate, unbalanced and unfair FindingsStandard 5 (accuracy) – viewers would not have been misled into believing the complainant was involved with animal cruelty on the farm – item accurate on material points of fact – majority – not upheld Standard 6 (fairness) – parts of the item borderline, but fair overall – complainant given adequate opportunity to respond – complainant’s behaviour contributed to the way in which she was portrayed – majority – not upheld This headnote does not form part of the decision....

Decisions
Rice and Television New Zealand Ltd - 2008-078
2008-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – item reported that two bodies had been found on top of a rail “carriage” – allegedly inaccurate One News – news item on the death of two men whose bodies were found on top of a rail wagon – during the item, an interviewee referred to rail “carriage” – allegedly inaccurate Findings Standard 5 (accuracy) – use of carriage technically inaccurate – distinction between carriage and wagon has been blurred by common usage over time – upholding the complaint would be an unjustified limit on the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Decisions
Stevens and Television New Zealand Ltd - 2009-124
2009-124

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – two “coming up” promos and opening segment of One News reported that an actor had been “gunned down” by police – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – use of the term "gunned down" not misleading – not upheld Standard 6 (fairness) – police representative was given opportunity to explain why the shooting occurred – police treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A “coming up” promo for One News was broadcast at 5. 41pm on Thursday 27 July 2009. The promo included a brief report which stated: Coming up on tonight’s One News, an actor is gunned down by police in a suburban Auckland street. [2] A second promo for the news was broadcast at 5....

Decisions
Dibble and Wardle and TVWorks Ltd - 2009-135
2009-135

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item featured a woman who claimed to have suffered terrible experiences while in state care in the 1960s – photo shown of the woman as a young child with five other children – allegedly in breach of privacy and accuracy 3 News – item reported on government’s decision to bring forward a review of alleged abuse suffered by people while in state care during the 1960s and 70s – made reference to the 60 Minutes item and the woman who alleged she had been abused – showed the same photo as contained in the 60 Minutes item – allegedly in breach of privacy and accuracy Findings60 Minutes and 3 News Standard 3 (privacy) – children not identifiable beyond close family and friends – did not disclose any private facts – not upheld Standard 5 (accuracy) – viewers would not have been misled…...

Decisions
Wolf and Television New Zealand Ltd - 2006-001
2006-001

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item mentioned Charlotte Dawson a number of times – allegedly unbalanced, inaccurate and unfairFindings Decline to determine complaint under s. 11(a) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch broadcast on TV2 on 8 November 2005 at 10pm contained a segment called “Save our Stars”, in which an actor went around the streets of Auckland collecting donations for various television presenters currently working for Prime Television. Correspondence [2] Graham Wolf complained to Television New Zealand Ltd, the broadcaster, about the number of times Charlotte Dawson, a local celebrity, was mentioned in the programme. He argued that she had been referred to at least 11 times in the last 10 minutes of the episode, and submitted that Standards 4, 5 and 6 had been breached....

Decisions
Viking Homewares Ltd and Television New Zealand Ltd - 2006-021
2006-021

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reported that Green Party was calling for an urgent safety review of non-stick cookware – claimed the US Environmental Protection Agency had found possible links between non-stick cookware, cancer and birth defects – veterinarian stated that non-stick pans could be deadly to household birds – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – item contained misleading and inaccurate statements – would have unnecessarily alarmed viewers – upheld Standard 6 (fairness) – not unfair to any person or organisation taking part in the programme – not upheldOrderSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant of $927. 50 Section 16(4) – payment of costs to the Crown $2,500....

Decisions
Māori Television Service and CanWest RadioWorks Ltd - 2006-086
2006-086

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host stated that the BSA had not upheld a complaint from Māori Television about his comments criticising the channel – stated that Māori Television was “apartheid” and “racist” – allegedly inaccurate and denigratoryFindingsPrinciple 6 (accuracy) – inaccurate to state that BSA had not upheld the complaint when it had not yet considered the complaint – inaccurate to refer to Māori Television as Te Karere – upheldPrinciple 7 (social responsibility) and guideline 7a (denigration) – Māori Television not “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldNo Order This headnote does not form part of the decision. Broadcast[1] On 25 July 2006 at approximately 7....

Decisions
Dodd and Television New Zealand Ltd - 2006-096
2006-096

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about Minister of Foreign Affairs Winston Peters’ visit to Washington DC – questioned Mr Peters’ interruption of American senator during interview – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – media agreement with Mr Peters not controversial issue of public importance – journalists’ perspective not required – not upheld Standard 5 (accuracy) – footage of interview not edited in the way alleged by complainant – not misleading or inaccurate – not upheld Standard 6 (fairness) – footage of interview not edited in the way alleged by complainant – not upheld This headnote does not form part of the decision....

Decisions
Lowes and Television New Zealand Ltd - 2006-104
2006-104

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Bank Young Farmer Contest – included among a series of questions to the contestants was “The Queen of England’s husband is the Duke of…? ” – answer “Edinburgh” – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint similar to past complaints – in view of comments in earlier decisions, on this occasion decline to determine as trivial This headnote does not form part of the decision. Broadcast [1] The National Bank Young Farmer Contest, screened at 9. 40pm on TV One on 8 July 2006, included a number of “quick fire” quiz questions put to the contestants. One question asked “The Queen of England’s husband is the Duke of…? ” The answer was given as “Edinburgh”. Complaint [2] Archie Lowes complained to Television New Zealand Ltd, the broadcaster, that the answer, the Duke of Edinburgh, was inaccurate....

Decisions
Arthur and Television New Zealand Ltd - 2006-115
2006-115

Complaint under sections 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989One News – item about the Teachers Council registering people with convictions – referred to the case of a high school teacher who had been “convicted of supplying P to four students” – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) and privacy principle 2 – insufficient time had passed for public fact to become private – not upheld Standard 5 (accuracy) – while item was ambiguous as to whether Mr Arthur supplied P to his own students, it was inaccurate to state that he supplied P to students – upheld Standard 6 (fairness) – unfair to state that Mr Arthur supplied P to students – upheld No Order This headnote does not form part of the decision....

Decisions
Accident Compensation Corporation and Television New Zealand Ltd - 2006-126
2006-126

Complaint under section 8(1)(a) of the Broadcasting Act 1989Dragon’s Den – contestant said that ACC paid $68 million per year for people to hang out washing for people who were unable to do it themselves – allegedly inaccurate FindingsStandard 5 (accuracy) – not a factual programme to which the accuracy standard applies – not upheld This headnote does not form part of the decision. Broadcast [1] Dragon’s Den was a series in which would-be entrepreneurs pitched their business ideas to five successful business people in the hopes that they might invest. In the episode broadcast on TV One at 8. 30pm on 19 October 2006, one of the contestants said: The ACC spends $68 million a year on helping people hang out their washing alone – I know, it’s a staggering amount. . ....

Decisions
McDonald and Television New Zealand Ltd - 2005-011
2005-011

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reporting on an iceberg close to colliding with an ice-shelf in Antarctica – size of the iceberg incorrectly reported as 2000 cubic metres, rather than kilometres – broadcaster upheld breach of Standard 5 but declined to broadcast a correction – complainant dissatisfied with action takenFindings Standard 5 (accuracy) – minor error – other descriptions in the item clarified magnitude of iceberg – action taken by broadcaster sufficient – future similar referrals by complainant potentially vexatious. This headnote does not form part of the decision. Broadcast [1] An item broadcast on One News at 6pm on 14 January 2005 reported that a huge iceberg was close to colliding with the ice-shelf on the coast of Antarctica. The item reported that the iceberg contained 2000 cubic metres of water....

Decisions
Dr X and Prime Television New Zealand Ltd - 2005-052
2005-052

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes item – 84-year-old woman suffered fourth degree burns during cryosurgery in her mouth – caused by malfunctioning equipment – OSH prosecuted the oral surgeon but the case was dismissed – item reported expert evidence that equipment should have been serviced annually, but had not been serviced since 1974 – surgeon granted name suppression – viewer feedback on a subsequent programme described surgeon as a “mongrel” who should have his name published on the internet – allegedly unbalanced, inaccurate, unfair and in breach of law and order – broadcaster upheld balance complaintFindingsStandard 2 (law and order) – breaches of name suppression order outside Authority’s jurisdiction – decline to determine – did not encourage viewers to publish name – not upheld Standard 4 (balance) – action taken by broadcaster was sufficient – not upheld Standard 5 (accuracy) – three matters misleading and inaccurate –…...

Decisions
Dewar and Television New Zealand Ltd - 2005-085
2005-085

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about improving the safety of the site of the 1986 Chernobyl nuclear disaster – reported thousands had died during and after the event – allegedly inaccurateFindingsStandard 5 (accuracy) – although a human and environmental catastrophe, UN and WHO sources suggest deaths of less than 100 – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Fresh concerns about improving the safety of the 1986 Chernobyl nuclear disaster site in the Ukraine were covered in an item on One News broadcast on TV One at 6. 00pm on 13 May 2005. It was reported that “thousands of people died during and after the disaster”. Complaint [2] Allan Dewar complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate....