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Chand and Apna Networks Ltd - 2006-005
2006-005

Complaints under section 8(1)(a) of the Broadcasting Act 1989Caller to talkback on 6 November 2005 used word “Muslim” – disconnected – allegedly unbalancedNews broadcast on 7 November – four matters allegedly inaccurateNews broadcast on 20 November referred to Rugby World Cup – broadcaster acknowledged that it had been inaccurate to say that South Africa had withdrawn its bid – apology to complainant and correction broadcast a week later – action taken insufficientFindingsPrinciple 4 (balance) – did not give rise to issue of balance in talkback radio environment – not upheld Principle 6 (accuracy) – unable to determine three complaints – decline to determineNo inaccuracy in respect of fourth complaint – not upheldAction taken – action taken sufficient – not upheldThis headnote does not form part of the decision. Broadcasts and Complaints [1] Rakesh Chand complained to Apna Networks Ltd, the broadcaster, about three different broadcasts on Apna 990AM....

Decisions
Dunning and Television New Zealand Ltd - 2006-020
2006-020

This decision has been amended to remove the names of persons who were not a party to the complaint....

Decisions
Calcinai and Adams and Television New Zealand Ltd - 2005-051
2005-051

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and Tonight – allegations of gang-related bullying at Taradale High School – item reported that petition given to school board by students – reported that petition was against bullying and sought to have students responsible removed – One News referred to troublemaking students as “Black Power bullies” – Tonight referred to them as “Black Power babies” – allegedly in breach of standards relating to balance, accuracy, fairness and children’s interestsFindingsMr Calcinai’s complaintStandard 5 (accuracy) – item implied that Board of Trustees took no action until presented with students’ petition – inaccurate – petition did not request board to remove students referred to as “Black Power babies” – inaccurate – situation described as “bullying” – was in fact two conflicting parties – not made clear in item – inaccurate – upheld Standard 6 (fairness) – unfair to school’s reputation to suggest gang-related…...

Decisions
Parre and CanWest RadioWorks Ltd - 2005-016
2005-016

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Pacific – talkback segment discussing Ahmed Zaoui – host said “I don’t care if we shoot him and send him out in a dog food can” – several other statements relating to Mr Zaoui’s activities – allegedly in breach of good taste and decency and inaccurateFindings Principle 1 (good taste and decency) – context – not upheldPrinciple 6 (accuracy) – decline to determine accuracy of one statement – two statements inaccurate – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] A talkback segment on Radio Pacific in the early evening on 11 November 2004 discussed the Algerian refugee Ahmed Zaoui. The host expressed strong views that Mr Zaoui should leave New Zealand, and said “I don’t care if we shoot him and send him out in a dog food can”....

Decisions
Dunbar and Television New Zealand Ltd - 2005-108
2005-108

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Colmar Brunton poll surveyed voters’ party vote preferences – did not make correct assumption about likely Māori Party result – use of poll data in “virtual Parliament” format allegedly misleading and inaccurateFindingsStandard 5 (accuracy) – poll relied on reasonable assumptions – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast political items on One News at 6pm on 28 August and 4 September 2005. The items reported the outcome of two political polls conducted for Television New Zealand Ltd, by research company Colmar Brunton. [2] Both items reported how the outcome of the polls would translate to the make-up of a new Parliament, using a “virtual Parliament” to illustrate how many seats each party might win in the forthcoming election....

Decisions
Cathro and George FM - 2005-123
2005-123

Complaint under section 8(1)(a) of the Broadcasting Act 1989George FM – radio hosts made comments about complaints to council in respect of a road closure for street party – allegedly in breach of privacy and unbalanced, inaccurate and unfairFindingsPrinciple 3 (privacy) – broadcast not offensive – not upheld Principle 4 (balance) – controversial issue of public importance not discussed – not upheld Principle 5 (fairness) – comments were fair comment – not upheld Principle 6 (accuracy) – not a news or current affairs programme – not upheldThis headnote does not form part of the decision. Broadcast [1] On Monday 22 August 2005 at approximately 12. 30pm, the hosts on George FM made comments about a party that the radio station had held. Particular reference was made to a person who had called the council a number of times in an attempt to close the event....

Decisions
Page and Television New Zealand Ltd - 2004-186
2004-186

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – studio discussion between presenter Paul Holmes, Pastor Brian Tamaki from the Destiny Church and Georgina Beyer MP – reaction to the street march in which Destiny Church members protested against the proposed Civil Union Bill – allegedly inaccurate and unfairFindings Standard 5 (accuracy) – nothing inaccurate in item – not upheld Standard 6 (fairness) – item fair to all parties involved – not upheldThis headnote does not form part of the decision. Broadcast [1] Holmes on TV One on 24 August 2004 at 7pm included a studio discussion involving the presenter, Pastor Brian Tamaki from the Destiny Church and Georgina Beyer MP. [2] The discussion concerned the street march through Wellington the previous day in which Destiny Church members protested against the proposed Civil Union Bill....

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....

Decisions
Benson & Far North Cable TV Ltd and Doubtless Bay Family Radio - 2006-054
2006-054

Complaint under section 8(1)(a) of the Broadcasting Act 1989Simulcast by broadcasters of the Good Vibrations Carnival at Cooper’s Beach between 1pm and 5pm Saturday 15 April 2006 – carnival organised as community response to Dr Neil Benson’s plan to open a brothel at Cooper’s Beach – broadcast included comments critical of brothel proposal and extracts critical of the proposal from the meeting at Mangonui Town Hall organised to discuss brothel proposal – broadcasts allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsDoubtless Bay Family RadioPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – approach taken in broadcast clearly explained and reasonable opportunities given for other significant points of view – not upheldPrinciple 5 (fairness) – Bensons not dealt with unfairly – not upheldPrinciple 6 (accuracy) – no inaccuracies – not upheldPrinciple 7 (social responsibility) – brothel owners not denigrated or discriminated against – not upheldFar…...

Decisions
FreeLife Pacific Area and Television New Zealand Ltd - 2006-073
2006-073

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about an illegal advertising campaign for Goji Juice – product was being marketed to the Tongan community as being a cure for numerous diseases – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue was the marketing of Goji Juice – broadcaster not required to seek comment from manufacturer or from people who endorsed the product – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – broadcaster did not exhaust every alternative legitimate way of obtaining Namoe Sau’s comment before arranging door-stepping interview (guideline 6b) – used deception to obtain her comment without making sufficient attempts to obtain the material by other means (guideline 6c) – broadcaster treated Ms Sau unfairly – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] An item on One News, broadcast on TV One at 6pm…...

Decisions
Gotlieb and Jackson and CanWest TVWorks Ltd - 2005-084
2005-084

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item about the murder of Deidre Tobin by her partner Craig Jackson – Mr Jackson found not guilty by reason of insanity – interviewed Ms Tobin’s family and friends plus two detectives who believed Mr Jackson was faking his insanity – allegedly in breach of law and order, unbalanced, inaccurate and unfairFindingsStandard 2 (law and order) – nothing inconsistent with the maintenance of law and order – not upheld Standard 4 (balance) – Authority unable to determine the position of the Crown solicitor – overall programme was balanced – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Mr Jackson, Dr Simpson or the Tobin family – not upheldThis headnote does not form part of the decision. Broadcast [1] A 60 Minutes item entitled “Insanely Jealous?...

Decisions
The Māori Party and Raukawa FM - 2005-103
2005-103

AMENDED DECISIONThis decision has been amended and re-issued following advice that the Authority’s original decision about a Labour Party advertisement, issued on 10 September 2005, relied on incorrect information. The original decision noted that the advertisement stated that the Māori Party had voted with National 277 times. The figure of 277 was used on an audio copy of the advertisement supplied to the Authority by the New Zealand Labour Party. After the decision was issued, the Labour Party advised that it had supplied the Authority with an early version of the advertisement that had not in fact been broadcast. The advertisement that was broadcast stated that the Māori Party had voted with National 227 times. Upon receiving this advice, the Authority requested further submissions from all parties. No further submissions of substance were received....

Decisions
Beiersdorf Australia Ltd and CanWest TVWorks Ltd - 2006-102
2006-102

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there was no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – also stated that the recommended product was “tested to the official standard” – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – some ambiguity later in segment but, overall, viewers would not have been misled about the focus of the segment – not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster not required to give complainant an opportunity to comment because item did not comment on effectiveness of product – not upheld Standard 8 (programme information) – subsumed under Standard 5 This headnote does not form part of the decision....

Decisions
Ngati Kahu Ki Whangaroa Trust Board and Television New Zealand Ltd - 2006-124
2006-124

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – item reported that a group described as Te Aukiwa Farm shareholders were evicting farm hands employed by the Office of Treaty Settlements and had requested police assistance – broadcaster upheld complaint that item was inaccurate – apologised to complainant and offered on-air apology and correction – complainant dissatisfied with the offer Findings Action taken – sufficient – broadcaster nevertheless encouraged to carry out the action it had undertaken – not upheld This headnote does not form part of the decision. Broadcast [1] An ongoing dispute about ownership of the farm block, Te Aukiwa Farm (Stoney Creek Station) 12km south of Mangonui, was dealt with on an item on Te Karere, broadcast on TV One at 4. 45pm on 15 September 2006, and repeated at 6. 10am on 16 September....

Decisions
Rupa and Television New Zealand Ltd - 2005-034
2005-034

Complaint under section 8(1)(a) of the Broadcasting Act 1989Renters – item showing dispute between tenant and rental agent – allegedly in breach of privacy, also unbalanced, inaccurate and unfairFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 5 (accuracy) – subsumed under Standard 6 Standard 6 (fairness) – not unfair – not upheld. This headnote does not form part of the decision. Broadcast [1] An item on Renters on TV2 at 8pm on 17 February 2005 showed an altercation between a tenant and a rental agent. The tenant argued with the agent about a sign in the downstairs window which had led to prospective tenants pestering him in the upstairs flat....

Decisions
Lowes and Television New Zealand Ltd - 2005-050
2005-050

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – use of the phrases “Prime Minister of England” and “future King of England” – allegedly inaccurateTe Karere – use of the phrase “Te Kuini o Ingarangi” instead of “Te Kuini o Aotearoa” allegedly inaccurate and in breach of law and orderOne News – use of the phrase “Queen of England” allegedly inaccurate and in breach of law and orderFindings Standard 2 – nothing in the items inconsistent with the maintenance of law and order – not upheldStandard 5 – phrase in common usage – viewers would have known who was being referred to – not upheldThis headnote does not form part of the decision. Broadcasts [1] On 8 April 2005 at 6pm, Close Up broadcast an item covering the wedding of Prince Charles and Camilla Parker-Bowles, and the funeral of Pope John Paul II....

Decisions
Burt and Radio New Zealand Ltd - 2006-081
2006-081

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....

Decisions
Young and Television New Zealand Ltd - 2009-001
2009-001

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – two days before General Election – item about 83-year-old skin cancer sufferer who had urgent operation cancelled three times – host explained that Minister of Health had refused to come on the show – programme included poll asking who should be next Prime Minister – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – story presented particular example, not a discussion of wider issue – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcast would not have misled viewers – not upheld Standard 6 (fairness) – complainant did not identify person or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Batchelor and Television New Zealand Ltd - 2009-123
2009-123

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item on puppies being euthanized by Invercargill City Council – included interview with the mayor of Invercargill – allegedly in breach of controversial issues, accuracy and fairness standards Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns did not relate to a material point of fact – not upheld Standard 6 (fairness) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Breakfast’s news segment, broadcast on TV One at 8. 05am on Thursday 20 August 2009, reported on puppies being destroyed by Invercargill City Council. The presenter stated: Invercargill’s Mayor is standing by his Council amid accusations that it’s unnecessarily killing puppies....

Decisions
Commerce Commission and TVWorks Ltd - 2008-014
2008-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item about the Commerce Commission's prosecution of a man and his company Probitas, who were marketing a fertiliser system – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme failed to provide viewers with a significant perspective which was critical to their understanding of the issues – upheld Standard 5 (accuracy) – no inaccurate statements of fact – not upheld Standard 6 (fairness) – promo – not unfair to expert witness – promo was a fair reflection of interview with the Commission's representative – not upheld Standard 6 (fairness) – programme – did not fairly present the Commission's side of the story – unfair to the Commission – upheld Orders Section 13(1)(a) – broadcast of a statementSection 16(1) – payment of costs to the complainant $2182....