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ComplaintFair Go – consultation fee for general practitioner when there is an ACC contribution – practice to reduce fee to patient – opinion given that not to do so may amount to using finance as a barrier to treatment which is unethical – untrue – unfair FindingsStandard G1 – statement incorrect – uphold Standard G4 – not unfair in context – no uphold – no order AppealConsent order – appropriateness of no order(s) being imposed remitted back to the Authority Findings on ReconsiderationNo order appropriate This headnote does not form part of the decision. Summary [1] An item on Fair Go examined the case of a rugby player who went to a medical practitioner because of an injury. It was reported that ACC contributed $26 to the doctor for each consultation, but he had not reduced his fee for the player....

ComplaintOne News – report on Crown compensation to Ngati Rua-Nui says many killed at invasion of Parihaka – inaccurate – upheld by broadcaster as breach of standard G1 – action taken insufficient FindingsAction taken insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6pm on 1 March 2001 reported on an agreement for an apology and monetary compensation between the Ngati Rua-Nui people of South Taranaki, and the Crown. The reporter concluded the item with the following statement: Several hundred thousand acres were confiscated from Ngati Rua-Nui in the 1860s, and many were killed during the invasion of Parihaka. Colin Robertson and Liam Wright complained separately to the broadcaster, Television New Zealand Ltd, that the item was inaccurate. They said there had been no deaths in the invasion of Parihaka....

Summary [This summary does not form part of the decision. ]A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The Authority did not uphold the complaint that this was inaccurate, because he was actually standing trial over allegations of ‘filing a false electoral return’. The label ‘electoral fraud’ was used as shorthand to characterise the accusations against Mr Banks, and was also adopted by numerous other news media. The story and the nature of the allegations were widely publicised so viewers would not have been misled. Not Upheld: AccuracyIntroduction[1] A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The programme was broadcast on Radio New Zealand National on 17 October 2013....

Summary [This summary does not form part of the decision. ] The host of The Paul Henry Show and a TV3 reporter briefly discussed the future of Auckland’s Wynyard Quarter tram service, in a new segment titled ‘Council Watch’, and summarised the cost of the project to rate-payers. The Authority did not uphold the complaint that the segment was one-sided and misled viewers about the reason the trams were not currently operating. It is legitimate and important for the expenditure of public money to be scrutinized and subject to robust criticism, and the focus of the item was the cost of the project; other reasons why the tram service was not running were peripheral to that focus, so viewers would not have been misled by omitting reference to those reasons....

Summary[This summary does not form part of the decision. ]Mediawatch included an interview with a senior member of New Zealand's media community. The Authority declined to determine the complaint that the interviewee was 'corrupt' and therefore the interview constituted inaccurate, unfair and irresponsible broadcasting. The complainant has previously made a number of similar complaints which did not raise matters of broadcasting standards, and has been warned that further similar complaints would be unlikely to be determined in the future. Accordingly the Authority considered the complaint to be vexatious. Declined to Determine: Good Taste and Decency, Accuracy, Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] Mediawatch included an interview with a senior member of New Zealand's media community. [2] Mr Golden argued in essence that as Mediawatch 'implies it takes the behaviour of the news media seriously', the decision to interview someone who is 'corrupt' amounted to inaccurate, unfair and irresponsible broadcasting....

Summary[This summary does not form part of the decision. ]During an editorial segment on KPMG Early Edition, host Rachel Smalley discussed the standing down of British Labour MP Naz Shah after accusations of anti-Semitism. Ms Smalley went on to question why criticism of Israel is often viewed as criticism of the Jewish faith, referring to comments she made during a broadcast in 2014 which were critical of Israel and the ‘abuse’ she received in response. The Authority did not uphold a complaint alleging that Ms Smalley’s reference to her previous comments was misleading – partly because she did not refer to the Authority’s finding that one of her previous statements was inaccurate – and that the item was unbalanced....

In an episode of Seven Sharp, host, Hilary Barry, interviewed a woman with type one diabetes about an encounter she had with waitstaff at a restaurant when eating food brought from home. The Authority did not uphold a complaint that the broadcast breached the accuracy standard (by giving viewers the impression that kumara salad can treat hypoglycaemia). The Authority was satisfied that a reasonable viewer was not likely to be misled by the broadcast into thinking that kumara salad is a treatment for hypoglycaemia. Not Upheld: Accuracy...

The Authority has not upheld a complaint that an item on AM concerning the imminent arrival to Aotearoa New Zealand of Kellie-Jay Keen-Minshull, also known as Posie Parker, breached broadcasting standards. The complainant alleged the broadcast was unfair, inaccurate and denigrated Parker by describing her as ‘anti-trans’, that such a description ‘could well increase the likelihood of violent antisocial protests’ at her events, and that the item was also unbalanced. The Authority found that, given Parker’s views, the description ‘anti-trans activist’ was not unfair given its literal accuracy, and the brief item did not otherwise breach broadcasting standards. Not Upheld: Fairness, Accuracy, Promotion of Illegal or Antisocial Behaviour, Balance, Discrimination and Denigration...

The Authority has not upheld a complaint a 1 News item on fire dangers posed by lithium batteries was inaccurate for including footage of a vehicle which was not confirmed to have been affected by a lithium battery fire. The Authority found the alleged inaccuracy was not material and would not have significantly impacted viewers’ understanding of the broadcast as a whole. Not Upheld: Accuracy...

The Authority has upheld a complaint that comments made by Kate Hawkesby on Early Edition with Kate Hawkesby, about the newly introduced Equity Adjustor Score in the Auckland region, were misleading. The Equity Adjustor Score is a system which uses five categories to place patients on the non-urgent surgical waitlist, including clinical priority, time spent waiting, location, deprivation level and ethnicity. Hawkesby made statements to the effect that the Score meant Māori and Pacific Peoples were being ‘moved to the top of surgery waitlists’. The Authority found the comments to be materially misleading in relation to the nature and impact of the Score, as they gave the impression that ethnicity was the only, or the key factor, involved in the assessment, and that Māori and Pacific patients would be given immediate precedence on the surgical waitlist as a result, when this was not the case....

The Authority has declined to determine two complaints under multiple standards relating to segments of a 1News broadcast that concerned a pro-Palestinian protest in Auckland and developments in the Israel-Hamas conflict, and aid funding for Ukraine. The Authority found the complainant had not raised arguments relevant to the standards raised, had raised matters of personal preference, the relevant issues had been satisfactorily addressed in the broadcaster’s decisions on his complaints, and/or related to issues that have previously been dealt with and did not warrant further determination. Declined to Determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances the complaints should not be determined): Offensive and Disturbing Content, Promotion Of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Fairness...

The Authority has not upheld a complaint that comments made by the hosts of Midweek Mediawatch concerning sexual violence during the October 7 attacks in Israel were inaccurate, unbalanced and unfair for downplaying or denying that sexual violence occurred. During an extended discussion concerning an interview on Q + A, and how the Israel-Hamas conflict is reported on generally, the hosts noted reporting of sexual violence on 7 October 2023 had been challenged by other outlets, and mentioned that the Q + A interview did not challenge these claims. The Authority found that the statements were more consistent with analysis, comment or opinion to which the accuracy standard did not apply. However, it found relevant statements were, in any event, not misleading. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...

The Authority has not upheld an accuracy complaint about a statement by TVNZ’s Seven Sharp reporter that a film was set ‘amid a nationwide confiscation of Māori land’ during an interview with actor Temuera Morrison. The complainant alleged confiscations were not nationwide, and that Māori land dispossession can be attributed in part to legitimate land sales to the Crown. The Authority found the alleged inaccuracy was not material in the context of a segment focusing on Morrison’s acting career and promotion of a film, and that, in any case, it was not misleading to refer to ‘nationwide confiscation’ considering the extent of contested Māori land dispossession which occurred in the relevant period. Not Upheld: Accuracy...

The Authority has not upheld a complaint that a brief Nine to Noon segment discussing the latest developments in a site investigation at the former Ivon Watkins-Dow (Dow) chemical plant in Paritūtū, New Plymouth lacked balance and accuracy. Noting the nature of the programme, the perspectives included in it and other media, and that the period of current interest for issues at Paritūtū was ongoing, the Authority found reasonable efforts were made to present significant viewpoints. The Authority also found none of the matters alleged to be inaccurate or misleading were materially inaccurate or misleading in the context. Not Upheld: Balance, Accuracy...

The Authority has not upheld a complaint that a TVNZ news report concerning an Israeli military operation in the Occupied West Bank breached the balance and accuracy standards. The Authority found the balance standard was not breached as the requirement to present additional perspectives is reduced for programmes narrowly focused on one aspect of a larger complex matter, and the audience could reasonably be expected to be aware of significant context and viewpoints from other media coverage.  While noting the balance standard is not directed at bias, the Authority also identified no bias in the language used in the broadcast. The Authority also found reasonable viewers were unlikely to be misled by the content, language used or absence of further context. Not Upheld: Balance and Accuracy...

The Authority has not upheld a complaint under the balance, accuracy, and fairness standards about a Q + A interview with David Seymour on the Principles of the Treaty of Waitangi Bill (Bill). The complainant alleged TVNZ’s reporting on the Bill, in this broadcast and in general, was biased; interviewer Jack Tame inaccurately claimed the Treaty of Waitangi/Te Tiriti o Waitangi is a partnership and erroneously cited the ‘Fleming version’ of the Treaty; and it was unfair to ‘only present one side of an argument’. The Authority found the balance standard does not apply to concerns of bias, and the audience was likely to be aware of significant perspectives on the Bill from this broadcast and other media coverage. It also found it was not misleading to suggest the Treaty/Te Tiriti is a partnership or cite the official English text of the Treaty. The fairness standard did not apply....

The Authority has not upheld a complaint that a 1News item, reporting on developments in the Israel-Hamas conflict, breached the accuracy, balance and fairness standards. The item discussed an increasing number of countries formally recognising Palestine as a state due to Israel’s continuing military action in Gaza, and the possibility of New Zealand following suit. The complainant considered the report cast Israel in a negative light, contained numerous inaccuracies (largely in relation to its description of the geographical situation in the conflict zone), and omitted important information from an Israeli perspective. The Authority found no material inaccuracies or misleading omissions in the report. It found the balance standard was not breached as significant alternative perspectives on the issue were presented, including that of Israel; and the audience could reasonably be expected to be aware of significant viewpoints from other media coverage. The fairness standard did not apply....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – reference to “Labour” and “Labour-led” government – allegedly inaccurate and unfairFindingsPrinciple 6 (accuracy) – “Labour-led government” acceptable shorthand – not upheld – majority considers “Labour government” acceptable shorthand – not upheld Principle 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] At various times between Tuesday 26 April and Friday 29 April 2005, on Morning Report, National Radio presenters and reporters used the following expressions: “the Labour-led government” – 26 April “the Labour government” – on 26 April (twice), 28 and 29 April “In 1999 when Labour took power” – 28 April Complaint [2] Vivienne Shepherd complained that the broadcasts breached standards of accuracy, fairness and programme information....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-054 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER NEWFIELD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...