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Complaint under section 8(1C) of the Broadcasting Act 19893 News – item reported that nine SOEs had paid bonuses to staff in 2008 – two SOEs had not responded to Official Information Act requests from the broadcaster – showed reporter at Ombudsman's office handing over a complaint about the lack of response – allegedly in breach of good taste and decency, law and order, balance, accuracy and fairness standards Findings Standard 1 (good taste and decency), Standard 2 (law and order), Standard 4 (balance) and Standard 5 (accuracy) – not applicable – not upheld Standard 6 (fairness) – no evidence of unfair pressure being placed on Office of the Ombudsman – not upheld This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item featured a woman who claimed to have suffered terrible experiences while in state care in the 1960s – photo shown of the woman as a young child with five other children – allegedly in breach of privacy and accuracy 3 News – item reported on government’s decision to bring forward a review of alleged abuse suffered by people while in state care during the 1960s and 70s – made reference to the 60 Minutes item and the woman who alleged she had been abused – showed the same photo as contained in the 60 Minutes item – allegedly in breach of privacy and accuracy Findings60 Minutes and 3 News Standard 3 (privacy) – children not identifiable beyond close family and friends – did not disclose any private facts – not upheld Standard 5 (accuracy) – viewers would not have been misled…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – items asked viewers for their opinions on changing the New Zealand flag – showed brief visual overview of New Zealand flags – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – complaint frivolous and vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Items broadcast on Campbell Live on TV3 at 7pm on 22 and 23 September 2011, asked viewers for their opinions on changing the New Zealand flag, which had been a topic of discussion during the Rugby World Cup....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – documentary about Phenomena Academy in Fiordland – NZQA accredited institution that teaches how to be healthy and happy – questions raised as to whether students under undue influence from Academy’s founder Aiping Wang – focussed on experience of four former students who were critical of her methods – complaint made by general manager of Academy – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – Academy representatives given adequate opportunity to respond to the allegations – lengthy interviews with Aiping Wang and with complainant – views were clearly communicated – not upheld Standard 5 (accuracy) – two statements inaccurate – other statements not inaccurate – not unnecessarily alarmist – no evidence of lack of editorial independence – upheld on two aspects Standard 6 (fairness) – participants given adequate and reasonable opportunity to respond to allegations made – views were clearly…...

ComplaintSome of my best friends are … Muslims – Muslims, Christians and "zsh" described favourably as religions – "zsh" apparently "Jewish" but allegedly censored – excision breached standards of balance, accuracy and fairness FindingsStandard 4; Standard 5; Standard 6 – no evidence of any censorship in programme designed to promote tolerance – no uphold This headnote does not form part of the decision. Summary [1] The comments made by a Muslim woman were indistinct when she was promoting understanding between Muslims, Christians and a third religious group – possibly Jews. The incident occurred in the programme, Some of my best friends are… which looks at minority groups in New Zealand. Muslims was the group featured in the programme broadcast on TV One at 7. 00pm on 29 March 2003....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item examining proposed amendment to section 59 of the Crimes Act 1961 which would remove the defence of “reasonable force” for parents charged with assaulting their children – interviewed mother and 14-year-old son – allegedly breached the boy’s privacy, was unbalanced, inaccurate and unfair and in breach of children’s interests Findings Standard 3 (privacy) – unable to determine whether the boy consented to the interview – decline to determine Standard 4 (balance) – significant perspectives put forward – not upheld Standard 5 (accuracy) – mother was presenting her own opinion, not statements of fact, and was not an “information source” under guideline 5e – did not need to outline background information about the mother – not upheld Standard 6 (fairness) – boy was exploited under guideline 6f – upheld Orders Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to…...

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looking at possible reasons for high crime statistics for young Māori – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – item did not purport to cover all perspectives – discussed one part of the wider issue – period of current interest still open – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Māori community or the youths interviewed – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes entitled “Māori Challenge” was broadcast on TV3 at 7. 30pm on 18 April 2005. The item explored a possible link between the high rate of Māori criminal offending and the way in which male aggression may be seen as important to Māori identity, particularly through the haka....

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

ComplaintNightline – item about "Puppetry of the Penis" – penis obscured – inaccurate as truth concealed – sexualising human body breach of law and order FindingsStandards 2 – legal process followed – no uphold Standard 5 – item not inaccurate – no uphold This headnote does not form part of the decision. Summary [1] The show "Puppetry of the Penis" was discussed during an item broadcast on Nightline at about 11. 00pm on 29 April 2002. The item did not include any visuals of penis puppetry as the reporter stated that the "full monty" would not be revealed in view of compliance with "broadcasting standards". [2] John Lowe complained to TV3 Network Services Ltd, the broadcaster, that in view of the material shown in other programmes, the comment was inaccurate. He also said that the item breached the requirement for standards consistent with the maintenance of law and order....

Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....

Summary[This summary does not form part of the decision. ]An item on Sunday Morning featured an interview with journalist Paula Penfold about the recently published book, Don’t Dream It’s Over: Reimagining Journalism in Aotearoa New Zealand. During the interview, Ms Penfold discussed the Stuff Circuit team’s investigation into the death of a teenage girl with Down Syndrome at the Gloriavale Christian community. Ms Penfold referred to the complainant’s documentary, Gloriavale: A Woman’s Place, saying, ‘And I know a little bit about how that works with Hopeful Christian, the leader at Gloriavale. You know, he will insist on editorial control’. The Authority did not uphold a complaint that Ms Penfold’s statements were inaccurate. Ms Penfold’s statement represented her own analysis, comment or opinion, based on her experiences at Gloriavale, and so was not subject to the accuracy standard....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News At 4. 30– item on two New Zealanders who assisted with oil spill clean-up in the Gulf of Mexico – stated that the pair thought that New Zealand maritime authorities would be well equipped to deal with a spill of the same scale on New Zealand shores – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – not a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – news reporter’s comment clearly conveyed technicians’ opinion – item not inaccurate or misleading – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News At 4. 30, broadcast on TV One at 4....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item reported on bullying at Massey High School – contained repeated footage of girls fighting – item was not preceded by a warning – parents and students interviewed expressed dissatisfaction at how the school had handled the incident – allegedly in breach of standards relating to privacy, accuracy, fairness, responsible programming, children’s interests, and violence FindingsStandard 3 (privacy) – students shown in the footage were not identifiable beyond those who would have already known about the altercation – not upheld Standard 6 (fairness) – item did not present itself as a follow-up to the previous story on bullying and was not unfair to X, his parents or Massey in this respect – impression created about fighting and bullying at Massey was not the result of unfairness but stemmed from the facts of the incident and the response of students and parents…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

Summary[This summary does not form part of the decision. ]Morning Report contained two items about the Government’s proposal for a specific criminal charge for family violence. A number of family violence experts were interviewed, and the introduction to one of the items stated that ‘14 women, six men and 10 children’ are killed by family violence annually. The Authority upheld a complaint that this statistic was inaccurate because the broadcaster’s source was significantly outdated, and it was part of the introduction which framed the discussion. However, the Authority did not uphold the aspect of the accuracy complaint that the items were misleading because they implied that men are overwhelmingly the perpetrators and women almost always victims of family violence....

Summary [This summary does not form part of the decision. ]A Radio New Zealand news bulletin reported on a sod turning ceremony marking the start of the upgrade of the Hagley Oval in Christchurch. The Authority did not uphold the complaint that the item made inadequate mention of the widespread opposition to the upgrade, saying only that it had been challenged by ‘some nearby residents’. The item acknowledged the upgrade was controversial, and the nature and scale of the opposition was not material to the focus of the brief news item, so listeners would not have been misled. Not Upheld: Accuracy, Controversial Issues, FairnessIntroduction[1] A Radio New Zealand news bulletin reported on a sod turning ceremony marking the start of the upgrade of the Hagley Oval in Christchurch....

The Authority did not uphold a complaint that an item on 1 News, which reported on the United States (US) government shutdown, breached the accuracy standard. The Authority found the statement: ‘The crisis began after Democrats refused to sign off on the President’s demands for eight and a half billion dollars to build a border wall with Mexico’, was unlikely to mislead or misinform viewers about the latest events in the US government shutdown, reported on during the item. The Authority noted that in the context of the item as a whole, the presenter’s comment was an acceptable shorthand introduction to the key issues reported on. Finally, in this case the Authority found that the broadcaster was not required, in the interests of accuracy, to specify that the amount sought for the border wall was reported in New Zealand dollars. Not Upheld: Accuracy...