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Decisions
Emirates Team New Zealand and The Radio Network Ltd - 2014-089
2014-089

Summary [This summary does not form part of the decision. ]A Radio Sport host commented to the programme producer, ‘I wonder when Team New Zealand are going to tell us all that one of their chief designers quit a couple of weeks ago. ’ The Authority did not uphold the complaint that this was inaccurate because no designer had resigned. Listeners would have interpreted the comments as speculation or gossip, rather than confirmed fact. Not Upheld: AccuracyIntroduction[1] During The Devlin Radio Show on Radio Sport, the host commented to the programme producer, ‘I wonder when Team New Zealand are going to tell us all that one of their chief designers quit a couple of weeks ago. ’ The programme was broadcast on 30 June 2014....

Decisions
Golden and Radio New Zealand Ltd - 2013-086
2013-086

Summary [This summary does not form part of the decision. ]A panel discussion on Afternoons with Jim Mora suggested that fraud in the ‘Māori sector’ is often treated differently to other fraud. The Authority declined to determine the complaint that the programme breached standards because the panellists should have made reference to the ‘2004 Feltex IPO fraud’ as an example of ‘non-Māori fraud’. The complainant’s concerns were matters of personal preference and editorial discretion, and the Authority’s decisions on previous complaints should have put him notice of the likely outcome of this complaint. Declined to Determine: AccuracyIntroduction[1] During a panel discussion on Afternoons with Jim Mora, one of the topics was the criticism levelled at a Native Affairs investigation into the potential misappropriation of public funds by the Te Kōhanga Reo National Trust Board....

Decisions
South Waikato District Council and MediaWorks TV Ltd - 2018-022 (10 August 2018)
2018-022

Summary[This summary does not form part of the decision. ]An item on The Project discussed the building of a new gambling venue in Tokoroa set to contain 30 gambling machines (‘pokies’). The segment was critical of the South Waikato District Council’s (SWDC) role in the authorisation of this new venue, and also one of the Councillors’ roles as both a Councillor and manager of one of the clubs involved in the creation of the proposed new venue. The following evening one of the programme hosts issued an on-air apology to the Councillor, clarifying inaccurate statements made about their involvement in the decision-making process. The Authority upheld SWDC’s complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. The Authority found that the statement the following night did not remedy the harm caused to SWDC by the broadcast, only the Councillor....

Decisions
Durie & Hall and Māori Television Service - 2018-066 (18 February 2019)
2018-066

Summary[This summary does not form part of the decision. ]An item on Te Kāea reported on a new public interest defence recognised by the Court of Appeal in the complainants’ defamation proceedings against the Māori Television Service (MTS). The Authority did not uphold a complaint from the appellants in the Court of Appeal case that this item was inaccurate and unfair. The Authority found that the item accurately reported the essence of the Court of Appeal’s judgment and that the omission of further information about the technical or legal aspects of the case would not have significantly affected viewers’ understanding of the item as a whole....

Decisions
McLean and Television New Zealand Ltd - 2017-015 (26 April 2017)
2017-015

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....

Decisions
van der Merwe and Mediaworks TV Ltd - 2019-015 (24 June 2019)
2019-015

The reality television series, Harnas Wildlife Rescue Camp, profiles various workers and volunteers and their day-to-day activities at the Harnas Wildlife Foundation (Harnas) in Namibia. The Authority did not uphold a complaint that Harnas was being misleadingly promoted through the programme as an ethical wildlife sanctuary, when in the complainant’s view, the facility and conditions were inhumane. The Authority found that the programme was presented as a slice-of-life, observational documentary, which did not shy away from presenting difficult material and the challenges facing Harnas. As such, viewers were shown the conditions at Harnas and were provided with sufficient information to make up their own minds about the welfare of the animals. On this occasion therefore, the harm alleged to have been caused did not outweigh the right to freedom of expression. Not Upheld: Accuracy...

Decisions
Anson and Mediaworks TV Ltd - 2018-087 (28 January 2019)
2018-087

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint that statements made by Jesse Mulligan during a segment of The Project breached the accuracy standard. Mr Mulligan criticised National MP Judith Collins for retweeting a story in relation to changes to France’s child sex laws, stating the story was ‘made up’ and claiming Ms Collins was ‘learning that in 2018 you don't need to show people the truth’. The Authority found Mr Mulligan’s statements were statements of opinion and analysis and therefore the accuracy standard did not apply. In reaching the decision the Authority considered the context in which the comments were made, including the focus of the segment as a whole and audience expectations of The Project. Not Upheld: Accuracy The broadcast[1] A segment of The Project discussed National MP Judith Collins’ tweet of a story published by yournewswire....

Decisions
Waqanivala and Radio Voqa Kei Viti Aotearoa - 2017-046 (28 November 2017)
2017-046

Summary[This summary does not form part of the decision. ]During a Gospel Hour programme on Radio Voqa Kei Viti Aotearoa, a Fijian language station, the announcer used the term ‘iTaukei’ in her greetings to listeners, which the broadcaster submitted referred to the indigenous Fijian population in New Zealand and elsewhere overseas. The Authority did not uphold a complaint that the term ‘iTaukei’ meant ‘owner’ in English (and therefore referred to New Zealand Māori), and that use of this term caused division and unrest amongst the station’s Fijian listeners. The Authority found that, while the announcer’s use of the term may be seen by some as divisive and politically-charged, it was not offensive, incorrect or discriminatory to an extent that would justify the Authority intervening and finding a breach of broadcasting standards, and as a result limiting the broadcaster’s right to freedom of expression....

Decisions
Chand and Television New Zealand Ltd - 2019-078 (18 February 2020)
2019-078

The Authority did not uphold a complaint about an item on Fair Go investigating On the Go Eastgate (OTG Eastgate), a business providing vehicle Warrants of Fitness (WoFs). A customer had complained to Fair Go that OTG Eastgate did not inform her about a $10 weekend surcharge prior to carrying out and charging her for her WoF. Fair Go sent an actor with a hidden camera to investigate this and other claims about OTG Eastgate’s services. Danny Chand, the owner of OTG Eastgate, complained that the broadcast breached the fairness, accuracy and programme information standards. The Authority found that Mr Chand and his business were treated fairly as he was given sufficient opportunities to respond to the claims made in the broadcast, and it was reasonable and justified in the public interest for the broadcaster to use a hidden camera to investigate the claims....

Decisions
Phillips and Racing Industry Transition Agency - 2019-044 (22 January 2020)
2019-044

The Authority has upheld a complaint that two episodes of The Box Seat breached the accuracy and balance standards of the Pay TV Code of Broadcasting Standards. The Authority found that the segments about blood spinning in harness racing covered a controversial issue of public importance but failed to include balancing views on the issue being discussed or indicate that the programmes were presented from a specific perspective. The Authority also found that, although the broadcasts did not contain any specific factual inaccuracies, the omission of alternative perspectives and information on the safety and propriety of blood spinning meant that the broadcast was misleading as a whole. The Authority did not uphold the complaint under the fairness standard. The Authority considered the publication of this decision sufficient to censure the breach of standards by the broadcaster and made no orders. Upheld: Balance, Accuracy. Not upheld: Fairness. No orders...

Decisions
Purchase and Television New Zealand Ltd - 2020-064 (24 November 2020)
2020-064

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

Decisions
Findlay and Discovery NZ Ltd - 2022-078 (31 August 2022)
2022-078

The Authority has not upheld an accuracy complaint about an item on Newshub Live at 6pm which referred to ‘countless drive-by shooting incidents in recent weeks’, in the context of reporting on community efforts to limit gang tension and violence in Auckland in the lead up to a Tonga national rugby league match. The Authority found the item was materially accurate, and it would be contrary to the right, and value, of freedom of expression to restrict such speech. Not Upheld: Accuracy...

Decisions
PHARMAC and TV3 Network Services Ltd - 1996-007
1996-007

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-007 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHARMAC (Pharmaceutical Management Agency Ltd) Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Green Society and MAI FM Limited - 1996-129
1996-129

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-129 Dated the 9th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GREEN SOCIETY Broadcaster MAI FM LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Scott and Radio New Zealand Ltd -1998-044
1998-044

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-044 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M SCOTT of Wellington Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Hon Richard Prebble MP and Television New Zealand Ltd - 2000-167
2000-167

ComplaintOne News, Breakfast – archival footage not identified as such – Prime Minister not in Parliament – upheld by broadcaster FindingsAction taken insufficient – public misled – private apology insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary A news report on a debate in Parliament about the Dover Samuels affair was accompanied by footage showing the Prime Minister shaking her head as if denying the allegations made by the Leader of the Opposition. The item was broadcast on One News on 13 August and Breakfast and Midday on 14 August 2000. Hon Richard Prebble MP complained to Television New Zealand Ltd, the broadcaster, that as the Prime Minister was not in Parliament at the time when the allegations were made, the footage was a fabrication. In fact, he said, no government MP had denied the allegations....

Decisions
Institute of Environmental Science & Research Ltd and CanWest TVWorks Ltd - 2007-015
2007-015

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders....

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
SKY Network Television Ltd and Radio New Zealand Ltd - 2008-117
2008-117

Paul France declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – several items discussed whether SKY Television's hosting rights for the next Olympics would mean that a large number of households would not be able to view the Olympics free-to-air – allegedly inaccurate, unfair and in breach of controversial issues standard Findings Standard 4 (controversial issues - viewpoints) – broadcaster made reasonable efforts to present SKY's perspective over the course of the programme – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements of fact – not upheld Standard 6 (fairness) – SKY's perspective was conveyed – not treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
McArthur and CanWest TVWorks Ltd - 2007-069
2007-069

Complaint under section 8(1)(b) of the Broadcasting Act 1989South Park – picture of a statue of Jesus Christ – voice said “Look at me, I’m Jesus. Would you like me to crap on you Mr Bush?...

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