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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....

Download a PDF of Decision No. 1990-022:Gregg and Television New Zealand Ltd - 1990-022 PDF619. 21 KB...

Download a PDF of Decision No. 1992-004:Credo Society Inc and Campus Radio BFM Ltd - 1992-004389. 62 KB...

Summary[This summary does not form part of the decision. ]An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament. The item featured interviews with advocates for and against the legalisation of euthanasia in Aotearoa. The Authority did not uphold a complaint that the item was unbalanced or that the use of certain terms such as ‘euthanasia’ was inaccurate. The Authority recognised the legalisation of euthanasia is an important and ongoing issue of public importance in New Zealand. The Authority found that overall the item was sufficiently balanced and was unlikely to mislead or misinform viewers, so any restriction on the broadcaster’s freedom of expression would be unjustified. Not Upheld: Balance, AccuracyThe broadcast[1] An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on complaints by two families about the allegedly unsatisfactory supply and installation of their swimming pools, purchased from The Spa and Pool Factory (SPF). During the item, the reporter also noted that the Auckland Council was investigating SPF regarding ‘potentially fraudulent documentation’. The Authority did not uphold a complaint from the director of SPF that the item was inaccurate, unfair and in breach of his privacy. The broadcaster made reasonable efforts to ensure that the programme was accurate and did not mislead viewers, going directly to Mr Radisich and to Auckland Council to seek their comments on the issues raised....

The Authority has not upheld a complaint that news items on 1 News about New Year’s celebrations welcoming in 2020 were inaccurate when referencing the start of ‘the second decade’. The Authority found that the broadcast did not refer to ‘the second decade’, only ‘the new decade’. The reference to 2020 as the start of a new decade (when arguably the decade begins in 2021, as modern calendars began counting at 1) did not amount to a material inaccuracy for the purposes of the accuracy standard. The Authority also found that the broadcast’s references to ‘the new decade’ (and similar) were not inaccurate as the term has different meanings when used from calendrical and cultural perspectives. Not Upheld: Accuracy...

The Authority has not upheld a complaint that a Breakfast segment breached the accuracy standard through its reporting on a study by RMIT and Monash Universities. The study found low carbohydrate diets may increase a person’s risk of developing type two diabetes by 20% because people often replace the carbohydrates with unhealthy fats. The complainant considered statements in the broadcast that low carbohydrate diets can increase the risk of developing type two diabetes were wrong and misleading; that the programme inappropriately pushed whole grains and fruit as a better choice compared to healthy fats, red meat, and dairy; and the researcher’s comments regarding the Atkins diet and the results of the study were unreliable. The Authority found the relevant statements would not have misled viewers in the context and it was reasonable for TVNZ to rely on the accuracy of the study and the researcher’s comments. Not Upheld: Accuracy...

The Authority has not upheld an accuracy complaint about an item on Newshub Live at 6pm which referred to ‘countless drive-by shooting incidents in recent weeks’, in the context of reporting on community efforts to limit gang tension and violence in Auckland in the lead up to a Tonga national rugby league match. The Authority found the item was materially accurate, and it would be contrary to the right, and value, of freedom of expression to restrict such speech. Not Upheld: Accuracy...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported one woman’s experience with receiving poor quality healthcare from The Palms Medical Centre in Palmerston North – Health and Disability Commissioner upheld her complaint about the centre – item named and showed footage from a previous item of one of the doctors involved – allegedly in breach of privacy, controversial issues, accuracy and fairness FindingsStandard 6 (fairness) – medical centre was told that Kay Shirkey was being interviewed about her experience at The Palms and that the story would be critical of the centre – Dr Saxe was her primary doctor – reporters asked several times to interview someone at the centre – not unfair – not upheld Standard 3 (privacy) – no private facts revealed about Dr Saxe – not upheld Standard 4 (controversial issues – viewpoints) – story focused on Ms Shirkey’s experience with The Palms – no discussion…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – item reported that two bodies had been found on top of a rail “carriage” – allegedly inaccurate One News – news item on the death of two men whose bodies were found on top of a rail wagon – during the item, an interviewee referred to rail “carriage” – allegedly inaccurate Findings Standard 5 (accuracy) – use of carriage technically inaccurate – distinction between carriage and wagon has been blurred by common usage over time – upholding the complaint would be an unjustified limit on the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interview about legislation change to introduce paying the minimum wage to disabled people – allegedly unbalanced, inaccurate and unfair Findings Principle 4 (balance) – presenter adopted aggressive manner with two interviewees – prevented interviewees from presenting significant viewpoints to listeners – listeners deprived of important information on controversial issue under discussion – unbalanced – upheld Principle 5 (fairness) – one aspect of fairness complaint subsumed into consideration of Principle 4 – programme not unfair to Minister for Disability Issues – not upheld Principle 6 (accuracy) – no inaccuracies – not upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – interview with complainant about a possible ban on pseudoephedrine – followed by interview with a GP – interviewer told GP that complainant had suggested that over-the-counter pharmaceuticals containing pseudoephedrine were not the main source of supply for makers of “P” – similar statement made in News item broadcast after the interview – interviewer’s comment and News item allegedly misrepresented Minister’s comments – allegedly unbalanced and inaccurateFindings Principle 4 (balance) – different views expressed – not upheld Principle 6 (accuracy) – Minister’s comment accepted as implication initially – later broadcast as fact – inaccurate – upheldNo Order This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

ComplaintWeather Forecast – More FM Wellington – reference to approaching storm by announcer – inaccurateFindingsPrinciple 6 – local weather forecast supplemented by telephone calls from listeners not news and current affairs – no upholdThis headnote does not form part of the decision. Summary[1] The weather forecasts broadcast on More FM in Wellington between 4. 00–6. 00pm on 25 June 2003 referred to the possibility of hail, thunder and snow. The announcer added that a storm was approaching. [2] Thomas Morgan complained to CanWest Radio NZ Ltd, the broadcaster, that the comment about an approaching storm was inaccurate, and that it was not based on a warning issued by Metservice. [3] In response CanWest Radio said that the announcer’s comment was based on information from callers on the South Coast who advised that a storm was on the way. It denied that the forecast was inaccurate....

ComplaintInsight – item on the monarchy versus republic debate – unbalanced – unfair presentation – factual inaccuracies FindingsPrinciple 4 – range of views presented – no uphold Principle 5 – Dr Mann of the Monarchist League not dealt with unfairly – no uphold Principle 6 – no inaccuracies – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme dealing with support for a monarchy and republicanism was broadcast on National Radio on Sunday 17 February 2002 between 8. 15–8. 45am. The Queen’s impending visit to New Zealand was the catalyst for the discussion. [2] On behalf of The Monarchist League of New Zealand Inc. , Dr Noel Cox, Chairman, complained to Radio New Zealand Limited, the broadcaster, that the programme was unbalanced, factually incorrect and unfairly presented....

ComplaintOne News – 4, 5, 10 August – NZRFU receptionist advised caller of the availability of scalped tickets – receptionist described as a "go-between" and later as "at the centre" of the scam – covert recording of telephone conversation – inaccurate and unfair FindingsStandard G1 – not inaccurate – no uphold Standard G4 – not unfair to use covert call given public interest – no uphold; unfair not to broadcast full summary of covert call – uphold Standards G7, G13, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary Following up on information received, a TVNZ journalist, without identifying himself, telephoned the New Zealand Rugby Union (NZRFU) to ask about the availability of a ticket for a forthcoming test match. The call was recorded covertly....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on the environmental state of the Manawatu River – presenter stated that the river was "rated among the most polluted in the Western World" – reporter said that the Cawthron Institute had described the river as "one of the most polluted in the Western World" – allegedly inaccurate FindingsStandard 5 (accuracy) – while statements that Manawatu River was one of the most polluted in the Western World were not precise, the overriding message was correct – viewers not misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Monday 9 August 2010, looked at the environmental state of the Manawatu River....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Australia’s recent attempts to reduce pollution by introducing a carbon tax scheme – referred to “pollution”, “polluters” and “carbon” – allegedly inaccurateFindings Standard 5 (accuracy) – item used simplified language to convey scientific concepts to the average viewer – not inaccurate or misleading – not upheldThis headnote does not form part of the decision. Introduction[1] An item on One News, broadcast on TV One at 6pm on 10 July 2011, reported on Australia’s recent attempts to reduce pollution by introducing a carbon tax scheme. The item contained the following statements:“Australia is following New Zealand’s lead on reducing pollution by unveiling a new carbon tax scheme. ” (newsreader) “The science is clear. Our planet is warming. That warming is caused by carbon pollution by human activity and we need to cut carbon pollution....