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Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – Devlin Live – comments by host about proposal to open a house for psychiatric patients in a Wellington suburb without telling residents – criticised the Mental Health Commission – said decision was “as loco and loopy as the people they’re trying to place in the community” – allegedly in breach of good taste and decency, unbalanced, inaccurate, unfair, and in breach of social responsibilityFindingsPrinciple 1 (good taste and decency) – subsumed under Principles 5 and 7Principle 4 (balance) – subsumed under Principles 5, 6 and 7Principle 5 (fairness) – unfairly criticised Mental Health Commission for a decision it did not make – not unfair to mental health patients – would not have caused panic or alarm – one aspect upheldPrinciple 6 (accuracy) – accuracy standard applied to talkback host’s remarks – inaccurately attributed responsibility for acute facility to…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – comment that an earthquake had occurred “just after sunrise” – complaint that earthquake was at least one hour and 45 minutes after sunrise – allegedly inaccurateFindings Standard 5 (accuracy) – figure of speech – introductory comment only – not presented as a statement of fact – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up on TV One at 7pm on 21 January 2005 described an earthquake which had been felt in the Wellington district that morning. The presenter said “the big ‘quake struck just after sunrise”. Complaint [2] Donald McDonald complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and in breach of Standard 5....

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported on tensions between the Horowhenua Rowing Club and certain local Māori residents over the future of the club’s use of the building next to Lake Horowhenua. The Authority did not uphold a complaint that the item was inaccurate, unbalanced and unfair. The item carefully conveyed a complex issue, was not factually inaccurate and would not have misled viewers in any material respect. While the conflict surrounding the rowing club’s presence at Lake Horowhenua is a controversial issue of public importance, the item included the viewpoints of both parties and was sufficiently balanced. The item did not treat the nominated individuals unfairly, as they were not criticised and had a reasonable opportunity to give their views....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – wanted offender described as “possibly Māori but pale skinned” and “possibly Māori, [with a] light complexion” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration standards FindingsStandard 7 (discrimination and denigration) – segment did not encourage the denigration of, or discrimination against, Māori as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] A segment on Police Ten 7 profiled an aggravated robbery of a bar in Christchurch. Viewers were told that it was committed by three men, two armed with guns and one armed with a crowbar. The segment included security footage of the robbery, outlined the facts of the case, and outlined ways that viewers may be able to help police identify the offenders....

Summary [This summary does not form part of the decision. ]In a weekly interview segment on Mike Hosking Breakfast, Prime Minister John Key criticised the Labour Party while discussing a number of political topics. The Authority did not uphold the complaint that the host displayed political bias and let the Prime Minister criticise other parties unchallenged, without them being offered any right of reply. This segment with the Prime Minister of the day has been running for 25 years, it was transparently political advocacy, and it did not purport to be a balanced or even-handed discussion of political issues. Other politicians were also interviewed on Newstalk ZB on a regular basis. Not Upheld: Controversial Issues, Fairness, Accuracy, Responsible Programming, Discrimination and DenigrationIntroduction [1] In a weekly interview segment on Mike Hosking Breakfast, the Prime Minister John Key criticised the Labour Party while discussing a number of political topics....

Summary [This summary does not form part of the decision. ]Two items broadcast on Te Karere reported on Green MP Marama Davidson’s experiences as part of the ‘Women’s Boat to Gaza’ protest, which aimed to draw attention to Israel’s naval blockade of Gaza. The Authority upheld a complaint that the reporter’s reference during the first item to the ‘illegal’ Israeli blockade was inaccurate. The legality of the blockade was a contentious and unresolved issue, with two UN reports taking conflicting positions on the point. The Authority therefore considered that the broadcaster should have qualified its statement with reference to the disputed legality of the blockade, rather than referring to it unequivocally as illegal....

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....

Summary[This summary does not form part of the decision. ]A segment on Breakfast featured an interview with the chair of the Eating Disorders Association, who discussed that some individuals may mask eating disorders with particular 'fad diets'. Although the chair did not specifically mention veganism, banners shown on-screen during the segment read, 'Fears teens use veganism to restrict food intake' and 'Fears people use veganism to restrict food intake'. The Authority did not uphold complaints that the banners were misleading by suggesting veganism was an eating disorder and encouraged bullying of vegans. Viewers would not have been misled by the broadcast as a whole or encouraged to bully vegans. In any case, vegans are not a section of the community to which the discrimination and denigration standard applies....

Summary[This summary does not form part of the decision. ]The Pukeroa Oruawhata Trust has a regular broadcasting programme on Te Arawa FM, which is paid for by the Trust and enables the Trust to ‘share its views on issues affecting the Trust with its beneficiaries’. The programme featured an interview with the Trust’s deputy chairman, in which he made a number of negative comments about Te Komiti Nui o Ngāti Whakaue, Ngāti Whakaue Tribal Lands Incorporation and its former chairman. The Authority upheld a complaint that the programme was unbalanced, as it contained a discussion of issues that were controversial and of public importance to Te Arawa’s audience, but did not present any significant countering viewpoints to those expressed by the interviewee. The Authority also upheld the complaint that the former chairman of NWTLI, the complainant, was treated unfairly....

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, in which Prince Charles’ Duchy of Cornwall fund was described as ‘essentially his private slush fund’. The complaint was that this description was inaccurate and suggested illegal practices. In the context, given the public’s general understanding of ‘slush fund’, and the discretionary nature of the Duchy of Cornwall fund, the Authority found the use of the term was not inaccurate or misleading. The Authority also found this term did not undermine widely held community standards, and the balance standard did not apply. Not Upheld: Accuracy, Good Taste and Decency, Balance...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....

Summary [This summary does not form part of the decision. ] A 3 News item reported on a charge of offensive language laid against a police woman, following an incident between her and a taxi driver. The item showed excerpts of the taxi’s security footage and contained interviews with the taxi company’s managing director and office manager who were critical of the police and considered assault charges should have been laid. The Authority did not uphold the complaint that the item prejudiced the police woman’s right to a fair hearing and that it was inaccurate and unfair. There was high public interest in the item, the item was largely presented from the perspective of the interviewees and the taxi company, and it did not encourage viewers to break the law or otherwise promote criminal activity....

Summary[This summary does not form part of the decision. ]Radio Tarana reported on the Sanil Kumar Medical Fund, which had been set up for the treatment of a young Fijian-Indian man in New Zealand who had subsequently been deported to Fiji and died. There were allegations by the immediate family of Mr Kumar and others that the fund was being misused by its directors. The Authority declined to uphold a complaint that the broadcasts were unbalanced, inaccurate, unfair, denigrating and caused panic among the public. The broadcaster made reasonable efforts to provide balance and fairness, no inaccuracies could be identified, the discrimination and denigration standard was not applicable and the broadcasts were not presented irresponsibly....

Download a PDF of Decision No. 1993-063:Milnes and Television New Zealand Ltd - 1993-063 PDF445. 85 KB...

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on the stories of two families (A and B) and their experiences with The Welcome Home Foundation (now called the Home Funding Group) (together, HFG). Both families claimed that they lost money through their involvement with HFG, which provided financial support and the ability to hold money ‘on trust’ towards a deposit for a home. The Authority did not uphold a complaint from the director of HFG, Luke Atkins, that the broadcast breached the accuracy, fairness and balance standards. While one aspect of the item was found to be inaccurate by the broadcaster, the Authority found that the action taken in the circumstances was sufficient....

On an episode of Simon Barnett and Phil Gifford Afternoons, an expert and the hosts made inaccurate statements about the Government’s COVID-19 economic recovery package shortly after its announcement. The Authority has not upheld a complaint that the broadcast breached the accuracy standard, finding that the broadcaster had made reasonable efforts to ensure the programme did not mislead and had promptly corrected the error. The Authority highlighted the importance of information broadcast by experts being accurate and, consequently, the importance of any errors being corrected as soon as possible. Not Upheld: Accuracy...

Summary [This summary does not form part of the decision. ] A 3 News item about Andrew Little's 'state of the nation' address, in which he promised that under the Labour Party, New Zealand would have the lowest unemployment rate in the OECD, featured an exchange between the reporter and Mr Little about unemployment rates. The Authority did not uphold the complaint that the item was misleading and unfair to Mr Little in giving the impression he did not know New Zealand's current unemployment rate when in fact he did. It was clear that the figure Mr Little was unable to quote was the current lowest OECD unemployment rate and the item did not unfairly distort his views. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News bulletin reported the 'state of the nation' address from each of the leaders of the main political parties....

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....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on art piece commissioned for Venice Biennale at cost of $500,000 in public money – interview with Peter Biggs of Creative New Zealand – allegedly unfair to Mr Biggs and misleading/inaccurate FindingsStandard 4 – not unbalanced – Mr Biggs was able to present his view – not upheld Standard 5 – item did not suggest that braying toilet was the work to be exhibited – not misleading or inaccurate – not upheld Standard 6 – Mr Biggs not treated unfairly – as a seasoned media commentator he was able to get his point across – not upheld Standard 8 – not relevant – declined to determine This headnote does not form part of the decision....