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Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – news item reported developments on the decision by the Nelson-Marlborough District Health Board (NMDHB) to end its contract with the Nelson Diagnostic Laboratory – reported statement from the planning and funding general manager for the NMDHB that Medlab South had undertaken to employ all 42 current staff members – allegedly inaccurateFindingsPrinciple 6 (accuracy) – did not make a statement of fact about re-employment – accurately reported the statement from the DHB representative – not upheldThis headnote does not form part of the decision. Broadcast [1] A news item broadcast on National Radio at midday on 8 June 2006 reported on the decision by the Nelson-Marlborough District Health Board (NMDHB) to end its contract with the Nelson Diagnostic Laboratory....

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 –…...

ComplaintFair Go – rare breeds of sheep put in care as owner had cancer – organiser of care took two flocks herself – owner sought to recover sheep – care organiser believed she owned sheep – no contract – inaccurate – unclear – unbalanced – editing which distorted FindingsStandard G4 – inadequate opportunity to respond – uphold Standards G1, G3, G6, G7, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary David Tuart, an owner of some rare sheep species, required treatment for cancer. Dr Beverley Trowbridge, a fellow breeder of rare sheep species, arranged for his flocks to be distributed among other farmers. After Mr Tuart had been treated, Dr Trowbridge refused to return some of the sheep as she believed that she had been given ownership of them....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989APNA 990 – Pakistan Flood Appeal Talkathon – caller allegedly referred to the complainant and his wife – allegedly in breach of privacy, accuracy and fairnessFindingsStandard 3 (privacy), Standard 5 (accuracy) and Standard 6 (fairness) – recording of broadcast in Hindi and translation incomplete – decline to determine under section 11(b) of the Broadcasting Act 1989This headnote does not form part of the decision. Broadcast[1] At approximately 7. 30pm on APNA 990 on 26 August 2010, the radio host spoke to a caller during a Pakistan Flood Appeal Talkathon. The caller commented to the effect that his neighbours had “run away”. Complaint[2] Moh Lateef made a formal complaint to APNA Networks Ltd, the broadcaster, alleging that the caller was referring to him and his wife, as they lived on the same street as the caller....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on Christchurch homeowners living in the government’s red zone with regard to their replacement insurance policies – interviewed Tower Insurance customer who had been advised that his replacement insurance would cover the cost of repairing his damaged house but not its full replacement value – visited Tower’s head office – allegedly inaccurate and unfair FindingsStandard 6 (fairness) – Campbell Live exhausted all legitimate methods to obtain comment from Tower – Mr Campbell’s approach polite and non-confrontational – door-stepping used as a means of obtaining information and constructive comment – not unfair to Tower or the receptionist – reference to email a fair summary of its contents – overall Tower treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Piha Rescue – episodes showed rescues involving unidentified surf schools at Piha – showed confrontation between an unidentifiable surfing instructor and lifeguards when lifeguards attempted to rescue students and instructor resisted – allegedly in breach of fairness and accuracy standards FindingsStandard 6 (fairness) – no surf school was named in 12 March episode and the narrator referred to surf schools in a general way only – Piha surf schools not treated unfairly – the Piha community and surf coaching industry are not “organisations” for the purposes of the fairness standard – 12 March episode not unfair – 19 March episode captured events accurately and fairly and footage not unfairly edited – viewers were left to make up their own minds about the incident – Mr Wallis was not identifiable – Mr Wallis’ perspective was clear from his comments that were included in the…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on parole of a man who was jailed in relation to the so-called “Urewera anti-terror raids” – newsreader said men were “jailed over military-style training camps” – showed photograph of Tame Iti wearing a balaclava-type headpiece and holding a gun – allegedly in breach of controversial issues, accuracy and fairness standardsFindingsStandard 5 (accuracy) – while newsreader’s statement that the men were “jailed over military-style training camps” was technically inaccurate, the position was immediately clarified when the newsreader said they were sentenced for firearms offences – photograph of Tame Iti was relevant to the subject matter and would not have misled viewers – item not inaccurate or misleading – not upheld Standard 6 (fairness) – newsreader’s introductory comment and photograph of Tame Iti did not create unfair impression that the men were terrorists – not upheld Standard 4 (controversial issues) –…...

Download a PDF of Decision No. 1993-026:Sharp and Television New Zealand Ltd - 1993-026 PDF306. 1 KB...

Download a PDF of Decision No. 1990-019:Flook (on behalf of the New Zealand National Party) and Radio New Zealand Ltd - 1990-019 PDF467. 22 KB...

Summary [This summary does not form part of the decision. ] Seven Sharp reported on the Russian government banning adoptions of its orphans by New Zealand couples, because of New Zealand’s marriage equality legislation. The reporter referred to Vladimir Putin as ‘homophobic’. The Authority did not uphold the complaint that this was inaccurate and misleading. The comment was clearly analysis and commentary by the reporter, rather than a material point of fact, so it was not subject to standards of accuracy. Not Upheld: Accuracy Introduction [1] A Seven Sharp item reported that the Russian government had banned adoptions of Russian children by New Zealand couples, because of New Zealand’s same-sex marriage legislation. The reporter referred to ‘old homophobic Vladimir Putin’. The item was broadcast on TV ONE on 3 July 2014. [2] Terry Wallbank complained that the reporter’s reference to Mr Putin as homophobic was inaccurate, biased and misleading....

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Summary[This summary does not form part of the decision. ]An item on Newshub reported on Waitangi Day events around New Zealand, including Bill English’s first Waitangi Day as Prime Minister and his phone call with US President Donald Trump. The item also featured comment on English’s attendance at Waitangi Day celebrations in Auckland, rather than at Waitangi. Comment was provided by Mr English, as well as political editor Patrick Gower, who said: ‘Waitangi Day celebrations will go on the road… away from Waitangi, away from the cauldron that is Te Tii Marae’. The Authority did not uphold a complaint that this item reflected the Government’s desire to control the image of, and de-politicise, Waitangi Day. The Authority acknowledged the national significance of Waitangi Day, and the views of the complainant as to how it should be celebrated....

Summary[This summary does not form part of the decision. ]An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother....

The Authority has not upheld a complaint about a segment of Q+A discussing the lack of diversity among the National Party’s then top-12 Members of Parliament. In the segment, panellist Laila Harre commented, ‘the whole front kind of line-up looks like they’ve had a bit of an accident with the bleach’. The complaint was that this comment was inappropriate, unprofessional and racist. The Authority found the comment did not threaten community standards of taste and decency, or encourage discrimination or denigration of any section of the community, in the context of a political discussion in the public interest. The remaining standards complained about either did not apply or were not breached. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

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...

A 1 News item reported on studies showing an increase in emperor penguin numbers in the Antarctic, followed by ‘a word of caution’ about the danger posed to the penguin population by climate change. The Authority did not uphold a complaint that the second part of the piece, which included a forecast that the global population of emperor penguins could decrease by half by the end of this century, was based on ‘unproven science’. Considering, in particular, the subject matter, language and manner of presentation, the Authority found viewers were likely to interpret the comments and predictions as analysis or opinion to which the accuracy standard does not apply. Given the wide social acceptance of the existence and predicted impacts of climate change, the Authority did not consider the item discussed a ‘controversial issue’. Therefore the balance standard and the requirement to present alternative viewpoints did not apply....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an item on 1 News, which reported on the Government’s intention to remove a benefit reduction sanction that can apply to sole beneficiary parents who do not name the remaining parent. The complainant alleged the item was unbalanced and misleading, as the report omitted details about the exemptions that can apply to the sanction, including that a parent will not have to name the other parent where the child or sole parent could be at risk of violence. The Authority found that the focus of this item was the Government’s desire to remove the sanction. The omission of details about the exemptions was therefore not material to the overall focus of the item, and did not mislead viewers....

The Authority has not upheld a complaint about an interview with a delegate of the New Zealand Nurses Organisation. The complainant alleged that the interview was unfair, unbalanced and inaccurate as the host was rude, offensive, underprepared and did not allow her to read from a prepared statement. The Authority did not uphold the complaint under the fairness standard as, among other reasons, the interviewee was a delegate from a large union, who can be expected to handle robust questioning. The other standards raised either did not apply or were not breached. Not Upheld: Balance, Accuracy, Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 120/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TWILIGHT PROMOTIONS of Palmerston North Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...