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ComplaintSecret New Zealand – death of Norman Kirk – various theories explored – a conspiracy theory advanced linked death to trial of Dr Bill Sutch for spying – inaccurate details of trial – unfair FindingsStandard 5 – speculation advanced – not fact – no uphold Standard 6 – Dr Sutch not dealt with unfairly in context – no uphold This headnote does not form part of the decision. Summary [1] Secret New Zealand presented three perspectives on the death in 1974 of former Prime Minister, Norman Kirk. The series examined events in New Zealand which were not adequately explained at the time . The episode complained about was broadcast on TV One at 8. 00pm on 2 September 2002. [2] Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and unfair....

ComplaintHolmes – interview – inappropriate reference to Noam Chomsky – "he should be shot" FindingsStandard 2; Standard 5; Standard 6 – colloquialism – contextual factors – no uphold This headnote does not form part of the decision. Summary [1] An interview with forensic anthropologist Kathy Reichs was broadcast on Holmes on TV One at 7. 00pm on 2 September 2002. Having ascertained that Ms Reichs knew Noam Chomsky, described as an anthropologist (sic), the interviewer (Mr Holmes) commented; "he should be shot". [2] The Kearneys complained to Television New Zealand Ltd, the broadcaster, stating that in the context in which it was spoken the comment "constituted the worst and most disgraceful abuse of the position of an interviewer". [3] In declining to uphold the complaint, TVNZ said the remark carried no malice and was simply a figure of speech, spoken in jest....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Dragon’s Den – contestant said that ACC paid $68 million per year for people to hang out washing for people who were unable to do it themselves – allegedly inaccurate FindingsStandard 5 (accuracy) – not a factual programme to which the accuracy standard applies – not upheld This headnote does not form part of the decision. Broadcast [1] Dragon’s Den was a series in which would-be entrepreneurs pitched their business ideas to five successful business people in the hopes that they might invest. In the episode broadcast on TV One at 8. 30pm on 19 October 2006, one of the contestants said: The ACC spends $68 million a year on helping people hang out their washing alone – I know, it’s a staggering amount. . ....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...

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 –…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – reference to the “Labour Government” – allegedly inaccurate, unfair and in breach of standards relating to programme informationFindingsStandard 6 (accuracy) – “Labour-led” government acceptable shorthand – not upheld – majority considers “Labour” government acceptable shorthand – not upheld Standard 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast an item on Close Up on 21 July 2005 at 7pm. During the course of a political interview, the presenter used the term “Labour Government” to refer to the Government. Complaint [2] Vivienne Shepherd complained to Television New Zealand Ltd, the broadcaster, that the use of the term “Labour Government” was inaccurate, unfair and in breach of standards relating to programme information. She noted that the government was made up of a Labour-Progressive Coalition....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Inside New Zealand: Leaving the Exclusive Brethren – experiences of five people who had left the Exclusive Brethren – allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsStandard 3 (privacy) – no private facts revealed – no offensive intrusion – not upheld Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Exclusive Brethren – not upheldThis headnote does not form part of the decision. Broadcast [1] A documentary entitled Inside New Zealand: Leaving the Exclusive Brethren was broadcast on TV3 at 8. 30pm on 18 August 2005. The programme followed the experiences of five people who had left the Exclusive Brethren....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live talkback – complainant strongly criticised the host’s approach in an interview with Georgina te Heuheu MP – after some two minutes of uninterrupted comment, the host cut off caller and, while declining to identify her, said that she had her own agendas and that she shouldn’t ring because it wasn’t appropriate for her to call talkback – broadcaster’s approach allegedly unbalanced, unfair and inaccurateFindingsPrinciple 4 (balance) – complainant’s criticism of host and host’s criticism of complainant were not controversial issues of public importance - standard does not apply – not upheldPrinciple 5 (fairness) – host’s critical response to experienced caller’s criticisms in robust talkback environment not unfair – not upheldPrinciple 6 (accuracy) – standard does not apply as exchange was neither news nor current affairs – not upheldThis headnote does not form part of the decision....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – reported reaction of recreational groups and farmers to recommendations made by the government’s Walking Access Consultation Panel – allegedly inaccurate and unbalanced Findings Standard 5 (accuracy) – item would not have misled viewers – not upheld Standard 4 (balance) – did not discuss a controversial issue of public importance – balance standard did not apply – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 7 March 2007, discussed the release of the recommendations made by the government’s Walking Access Consultation Panel....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host made comments about television personality who hosted Anzac Day programme on Māori Television – said she would have been paid “$25,000 or thereabouts” – questioned whether she would have “been allowed to take that lovely piece of greenstone home with her” – host also called Māori Television “disgusting apartheid TV station” – allegedly inaccurate and denigratoryFindingsStandard 6 (accuracy) – comments clearly speculation – not statements of fact to which accuracy standard applies – not upheldStandard 7 (social responsibility) and guideline 7a (denigration) – Māori Television not a “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item investigating “claims that China harvests the organs of executed prisoners for transplants at a price” – included secret footage from transplant centre where staff admitted the practice – reported concerns of British transplant surgeons about lack of consent from prisoners – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to any person or organisation taking part or referred to – not upheld Standard 8 (programme information) – subsumed under Standards 5 and 6This headnote does not form part of the decision. Broadcast [1] On TV3 at 6pm on 20 April 2006, 3 News broadcast an item about organ harvesting in China....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there is no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item did not discuss a controversial issue of public importance – balance standard did not apply – not upheld Standard 5 (accuracy) – did not imply that products which did not comply with the Australian standard for sunscreens were inferior – not inaccurate – not upheld Standard 6 (fairness) – not unfair to compare products for consumer information – clearly based on a family’s opinion – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast on TV3 at 7....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

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 1989Morning Report – item about industrial action by Progressive Enterprises and potential involvement of Maritime Union – host interviewed Maritime Union general secretary – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – statement complained about was peripheral to the controversial issue of public importance under discussion – host not required to challenge every statement made by an interviewee – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld This headnote does not form part of the decision. Broadcast [1] On 8 September 2006 at 7. 51am, an item on Morning Report discussed the lockout imposed by Progressive Enterprises against striking members of the National Distribution Union (NDU). Progressive held approximately 45% of the New Zealand grocery market and operated the Foodtown, Woolworths and Countdown supermarket groups....

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

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....

ComplaintGoing Straight – documentary about curing homosexuals through Christian programme – inaccurate – unbalanced – discrimination against homosexuals Findings(1) Standard G6 – majority – documentary focussed on perspectives of those featured – no uphold (2) Standard G13 – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary Going Straight was broadcast on Prime Television on 16 June 2000 at 8. 35pm. The programme was a documentary about gay men who were attempting to change their sexual orientation through a Christian programme run at Caleb House in Kansas. The New Zealand Aids Foundation, through its research director, Tony Hughes, complained to Prime Television New Zealand Ltd, the broadcaster, that the programme was unbalanced. In its view, an exclusively religious perspective on homosexuality had been presented....