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Complaints under section 8(1)(a) of the Broadcasting Act 1989One News – item about an MP who reactivated Dutch citizenship – possible breach of law – MP’s lawyer presented as constitutional specialist and not as legal representative Standard 5 – inaccurate – upheld by broadcaster – role as lawyer since reported in other programme – action considered insufficient Standard 4 – balance – not considered by broadcaster – referred to AuthorityProcess Application by complainant for Discovery – declined Application by complainant for Interlocutory Decision – declinedFindings Standard 4 – item’s focus on possibility of by-election – balanced – not upheld Action Taken – a correction broadcast at the time of error should have occurred – now a year later, no order appropriate – upheldNo OrderThis headnote does not form part of the decision....

ComplaintEureka – Royal Commission on Genetic Modification – GE Free rally – rally participants interviewed – approach assured participants rejected Commission findings – views misrepresented – unbalanced FindingsPrinciple 5 – interviewees not treated unfairly – no uphold Principle 6 – factual reports and opinion distinguished – no uphold This headnote does not form part of the decision. Summary [1] An interview with one of the Commissioners from the Royal Commission on Genetic Modification, and comments from participants at a GE-Free rally, were included in the edition of Eureka broadcast on National Radio on 9 September 2001 and repeated on 10 September. Eureka is a science magazine programme broadcast weekly. [2] Jon Carapiet complained to Radio New Zealand Ltd, the broadcaster, that the programme’s approach was unbalanced as the item sought to represent those at the rally as ill-informed. Consequently, he said, their views were misrepresented....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday with Chris Laidlaw – host interviewed sociologist about anti-Semitic fringe groups in New Zealand that were seeking to deny or downplay the extent of the Holocaust – interviewee made statements about an individual who he said was a Holocaust denier – allegedly inaccurate FindingsStandard 5 (accuracy) – item was a factual programme - interviewee's statements distinguishable as analysis – exempt from accuracy under guideline 5a – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment called "Ideas" on Sunday with Chris Laidlaw, broadcast on Radio New Zealand National on the morning of 31 May 2009, the host interviewed a sociologist, Dr Scott Hamilton, about anti-Semitic fringe groups in New Zealand that were seeking to deny or downplay the gravity of the Holocaust....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item reported on ex-All Black who now lived in Japan and his ongoing struggle with depression – reporter stated “Alone in Tokyo, population 35 million, chaotic, frenetic, intense. Perhaps the last place in the world you’d expect to find someone trying to stay balanced after coming through the blackest period of his life” – allegedly inaccurate FindingsStandard 5 (accuracy) – term “chaotic” used to convey reporter’s opinion – not a material point of fact – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One on 24 October 2010, reported on an ex-All Black who now lived in Japan and his ongoing struggle with depression. The reporter travelled to Tokyo to interview him about the imminent publication of his book....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – story about “moon man” Ken Ring and his claims he predicted Christchurch earthquakes – John Campbell interviewed Mr Ring – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, children’s interests, responsible programming and violence standards FindingsStandard 6 (fairness) – Mr Ring was treated unfairly – upheld Standard 4 (controversial issues – viewpoints) – Mr Ring’s predictions were a controversial issue of public importance – his views were presented within the period of current interest in other media coverage – not upheld Standard 5 (accuracy) – complainants did not specify which aspects of the programme they considered to be inaccurate, or provide any evidence of inaccuracy – not upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 What’s Really In Our Food? – included a human experiment to test the effects of Omega 3 on attention span in young boys – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – experiment was clearly intended to be light-hearted and entertaining and did not purport to be scientifically rigorous or reliable – conclusions drawn from the experiment were very vague and qualified by words such as “could’ and “may” – viewers would not have been misled – not upheld This headnote does not form part of the decision. Introduction [1] An episode of What’s Really In Our Food? , a weekly television series investigating different food groups, and exploring the potential health benefits and/or risks associated with those foods, contained a human experiment to test the effects of Omega 3 on attention span in young boys....

Download a PDF of Decision No. 1993-128:Colina and Radio New Zealand Ltd - 1993-128 PDF392. 47 KB...

Leigh Pearson declared a conflict of interest and did not participate in the Authority’s determination of this complaint. Summary [This summary does not form part of the decision. ] Talkback with Sean Plunket contained a discussion about the ‘chemtrails’ theory, in the context of comments made by Colin Craig that the Conservative Party was undecided about the validity of this theory. The Authority did not uphold the complaint that the host inaccurately claimed that chemtrails were not real, and denigrated people who believed in chemtrails by referring to them as ‘nutters’. The programme clearly comprised opinion rather than statements of fact, and people who believe in chemtrails are not a section of the community....

Summary[This summary does not form part of the decision. ]Sunday Morning contained two items on the historical relationship between Israel and apartheid South Africa: Counterpoint contained a discussion of the relationship between Israel and South Africa and of Israel's arms industry; and an interview with an anti-apartheid activist discussed this topic as well as modern-day Israel's treatment of Palestinians. The Authority upheld complaints that the broadcast breached the controversial issues standard, as no alternative perspective was presented either within the broadcast, in any proximate broadcast or in other media. The Authority declined to uphold the remainder of the complaints because: the statements complained of were either expressions of opinion or matters the Authority cannot determine and therefore were not subject to the accuracy standard; the statements did not reach the high threshold necessary to encourage discrimination or denigration; and the programme did not treat any individual or organisation unfairly....

Summary[This summary does not form part of the decision. ]A Prime News item reported on the trial of a former Nazi guard at Auschwitz and referred to the camp as a ‘Polish camp’. The complainant alleged this statement was inaccurate because it was not a ‘Polish camp’, but was rather a Nazi camp located in Poland. The Authority recognised that the labelling of concentration camps as part of the Nazi regime remains a sensitive issue and one of historical importance, which broadcasters should be mindful of when choosing the language to be used. Nevertheless, in the context of the item the Authority did not consider that viewers would have been misled. Not Upheld: Accuracy, FairnessIntroduction[1] An item on Prime News reported on the trial of a former Nazi guard as follows: A former Auschwitz guard has gone on trial in Germany for 170,000 counts of accessory to murder. ....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on John Key’s resignation and the legacy he would leave behind after his term as Prime Minister. The item covered a number of significant events during Mr Key’s time in office, including his involvement in deploying troops to Afghanistan and Iraq, the Trans-Pacific Partnership trade deal, the Christchurch and Kaikoura earthquakes, and the flag referendum (among others). The Authority did not uphold a complaint that this item was misleading and unfair in describing Mr Key’s legacy. The selection of events to include in, and the overall tone of, the item were matters of editorial discretion open to the broadcaster. In the context of a brief summary of highlights from Mr Key’s career, the audience would not have expected an in-depth discussion or analysis of the events discussed....

Summary[This summary does not form part of the decision. ]An episode of the radio documentary series, Insight, titled ‘Will cameras end commercial fish dumping’, discussed the issue of whether the quota management system (QMS) was contributing to illegal fish dumping practices in the commercial fishing industry and whether camera monitoring could be used to improve this issue. The episode featured an interview with Dr Russel Norman, the Executive Director of Greenpeace NZ, who described a camera monitoring trial run by the Ministry for Primary Industries (MPI) and undertaken by Trident Systems (Trident) and an independent research company, Archipelago. Dr Norman said that, during the trial, Archipelago found ‘lots of illegal behaviour, dumping, killing of Hector’s dolphins’, while Trident ‘found nothing’. Dr Norman then suggested that MPI awarded a contract to Trident for filming of a commercial fishery because of these results....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a story on Prime News, reporting on incorrect deductions that were made from a solo mother’s benefit, was inaccurate and resulted in Work and Income New Zealand (WINZ) being treated unfairly. The featured mother was repaid $7,000 from WINZ after discovering that deductions had been made from her benefit in error, as she qualified for an exemption from a policy requiring her to identify the father of her child. The Authority considered that the item was a fair and accurate report on the issue. WINZ was the agency responsible for administering the woman’s benefit and for making the deductions under legislation. It was therefore reasonable for the broadcaster to refer to WINZ and to rely on comment from the Minister for Social Development in response....

The Authority has not upheld a complaint that two answers provided during Mastermind New Zealand, about historical New Zealand events, were inaccurate and unbalanced. The Authority noted that both questions appeared to have been answered accurately by the contestant. Viewers were unlikely to be left misled or misinformed by the omission of further context around these answers, particularly given the well-known quiz format of the programme. The programme did not discuss a controversial issue of public importance, given historical events were raised only briefly in the form of quiz questions, and the requirements of the balance standard therefore did not apply.   Not Upheld: Accuracy, Balance...

The Authority did not uphold two complaints that comments made by Mike Hosking during his Mike’s Minute segment breached the discrimination and denigration and accuracy standards. Discussing two recent immigration policy decisions by the Government, Mr Hosking commented, ‘discrimination is no bad thing’ and, ‘Where do too many of the radicalised nutters come from? That particular part of the planet [Africa and the Middle East]. . . We don’t want to take the risk of a poor-ish person’s parent arriving – so why a jihadist? ’ The Authority acknowledged the complainants’ concerns that Mr Hosking’s choice of language was inflammatory. However, it found that in the context of the item, which carried public interest, the comments complained about were brief and moderated by the remainder of the item. Mr Hosking was expressing his genuinely held opinion on a legitimate issue, rather than being malicious or nasty....

The Authority has not upheld complaints under the accuracy, balance, and fairness standards regarding an item on 1 News reporting on the global economy. The item referred to the National Party’s tax policy and included comments from both the Leader of the Opposition Christopher Luxon MP and Rt Hon Jacinda Ardern. The complainants considered the report’s editing of comments misled the audience to ‘think that PM Jacinda Ardern thinks financial discipline is not right nor good for New Zealand’. The Authority did not consider a reasonable viewer would be left with this impression. The balance and fairness standards were not breached. Not upheld: Accuracy, Balance, Fairness...

The Authority has declined to determine aspects, and not upheld the remainder of a complaint concerning a talkback call regarding vaccine mandates. The complainant had contacted the station and spoke about her son’s issues re-enrolling at university due to his COVID-19 vaccination status. The complainant alleged the broadcast breached the balance, accuracy and fairness standards as the host did not accept the complainant’s statements concerning the COVID-19 vaccine and related mandates, and prematurely ended the call with the complainant. The Authority declined to determine the complaint under the balance and accuracy standards as the complainant’s concerns have been recently determined in other decisions. The Authority did not uphold the fairness complaint, finding the complainant was not treated unfairly and in any case it was an editorial choice open to the broadcaster to end the call....

The Authority has not upheld a complaint a segment on Paddy Gower Has Issues breached the accuracy, balance and fairness standards of the Code of Broadcasting Standards in New Zealand. The segment included Gower stating he had ‘no issues’ with genetically modified corn, and that the effective ban on GE should be removed. The Authority did not uphold the complaint, finding the statements amounted to Gower’s opinion and that the alleged inaccuracy was not materially misleading and would not have impacted the audience’s understanding of the broadcast as a whole. The Authority also found under balance that the segment was clearly intended to provide a particular perspective (Gower’s) on the topic....

ComplaintFair Go – consultation fee for general practitioner when there is an ACC contribution – practice to reduce fee to patient – opinion given that not to do so may amount to using finance as a barrier to treatment which is unethical – untrue – unfair FindingsStandard G1 – statement incorrect – uphold Standard G4 – not unfair in context – no uphold – no order AppealConsent order – appropriateness of no order(s) being imposed remitted back to the Authority Findings on ReconsiderationNo order appropriate This headnote does not form part of the decision. Summary [1] An item on Fair Go examined the case of a rugby player who went to a medical practitioner because of an injury. It was reported that ACC contributed $26 to the doctor for each consultation, but he had not reduced his fee for the player....