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Decisions
Bolton and Radio New Zealand Ltd - 2009-166
2009-166

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday with Chris Laidlaw – host interviewed sociologist about anti-Semitic fringe groups in New Zealand that were seeking to deny or downplay the extent of the Holocaust – interviewee made statements about an individual who he said was a Holocaust denier – allegedly inaccurate FindingsStandard 5 (accuracy) – item was a factual programme - interviewee's statements distinguishable as analysis – exempt from accuracy under guideline 5a – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment called "Ideas" on Sunday with Chris Laidlaw, broadcast on Radio New Zealand National on the morning of 31 May 2009, the host interviewed a sociologist, Dr Scott Hamilton, about anti-Semitic fringe groups in New Zealand that were seeking to deny or downplay the gravity of the Holocaust....

Decisions
Butler and Television New Zealand Ltd - 2011-157
2011-157

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Good Morning – included interview with author and Associate Professor of Psychology Niki Harrè about her new book – Ms Harrè was referred to as a “psychologist” in ‘coming-up’ teaser – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – single reference to “psychologist” in the ‘coming-up’ teaser was not a material point of fact – term used colloquially and not intended to denote technical meaning – any impression created was clarified by the item itself – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Good Morning was broadcast on TV One on 19 October 2011. The episode included an interview with Niki Harrè who was introduced as “author and Associate Professor of Psychology”, about her new book on the psychology of sustainability....

Decisions
Corrin and Television New Zealand Ltd - 1998-092
1998-092

Summary An Our World programme about wetas, broadcast on TV One between 6. 30 – 7. 30pm on 21 June 1998, included a reference to the "Auckland Museum" in the credits. On behalf of the Auckland War Memorial Museum Public Petition Campaign Group, Mr Corrin complained to Television New Zealand Ltd that it was factually incorrect to describe the Auckland War Memorial Museum as the "Auckland Museum". On the basis that the Broadcasting Standards Authority had accepted in an earlier decision that a brief reference to the "Auckland Museum" did not contravene the standards, TVNZ declined to uphold the complaint. Dissatisfied with decision, Mr Corrin referred the Group’s complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to determine the complaint....

Decisions
Bennachie and TV3 Network Services Ltd - 1998-162, 1998-163
1998-162–163

Summary A rugby coach found guilty of sexually assaulting young boys in his rugby club was described on a 3 National News item broadcast on 31 July 1998 as a "homosexual paedophile" and, according to a sports reporter on a 3 News Update item broadcast on 2 August 1998, the Gay Games contained events such as handbag throwing and the 200m dash in high heels. Calum Bennachie complained to TV3 Network Services Ltd that the description of the rugby coach implied that all paedophiles were homosexual or that all homosexuals were paedophiles, and that both implications were factually incorrect and portrayed gay and lesbian people as inherently inferior. He also complained that the emphasis on fringe events in the report on the Gay Games trivialised the achievements of the competitors....

Decisions
McKay and TVWorks Ltd - 2012-125
2012-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Decisions
Osmose New Zealand and Television New Zealand Ltd - 2005-140
2005-140

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....

Decisions
Cross and Wicksteed and Television New Zealand Ltd - 2004-138
2004-138

Complaints under section 8(1)(a) of the Broadcasting Act 1989State of the Nation – televised debate on race relations included expert panel and studio audience – allegedly unbalanced and partial FindingsStandard 4 (balance) – reasonable efforts made to canvass a range of views from both sides in context – impartial – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld This headnote does not form part of the decision. Broadcast [1] State of the Nation was broadcast on TV One at 8. 35pm on 10 June 2004. The two-hour programme was a live panel and studio audience discussion, in which the participants discussed race issues between Māori and Pakeha in New Zealand society. The programme was hosted by Anita McNaught, and co-hosted by Robert Rakete and Kerre Woodham. Complaints [2] Colin Cross complained to Television New Zealand Ltd, the broadcaster, that the programme was unbalanced and partial....

Decisions
McDonald and Radio New Zealand Ltd - 2010-074
2010-074

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item about a university study which alleged flaws in the data used by the government to increase the ACC levy for motorcyclists – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint frivolous, trivial and vexatious – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] A brief news item, broadcast on Radio New Zealand National at 10am on Wednesday 19 May 2010, reported on a university study which claimed that there were flaws in the data on which the Government had based its recent ACC levy increase for motorcyclists....

Decisions
Hamlett and RadioWorks Ltd - 2011-049
2011-049

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Live News and The Breeze News – news bulletins reported on incident in which a British woman was bitten by a lion cub at Paradise Valley Springs – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – statements accurate, or amounted to analysis comment or opinion under guideline 5a – news items not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant was given a fair opportunity to comment on the incident – complainant and Paradise Valley Springs treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A number of news bulletins, broadcast on Radio Live News and The Breeze News on the morning of Monday 13 December 2010, reported on an incident in which a British woman was bitten by a lion cub at Paradise Valley Springs in Rotorua....

Decisions
Chilcott and Television New Zealand Ltd - 2013-056
2013-056

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Summary [This summary does not form part of the decision. ] An item on One News reported on court proceedings involving the complainant, a professional harness racing trainer and driver. The Authority did not uphold the complaint that two statements in the item were inaccurate and unfair, because they allegedly portrayed her as a ‘drugs cheat’ and were misleading. Taking into account all of the charges and the nature of the offending, the statements would not have misled viewers and did not cause any unwarranted harm to the complainant’s reputation. Not Upheld: Accuracy, Fairness Introduction [1] An item on One News, broadcast on TV One on 25 June 2013, reported on court proceedings involving the complainant, Nicola Chilcott, a professional harness racing trainer and driver....

Decisions
Taranaki Regional Council and Radio New Zealand Ltd - 2014-141
2014-141

*Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]An item on Rural News discussed Taranaki Regional Council's response to a previous Rural News story about landfarms, and included the statement that TRC 'consents the disposal of oil industry waste on to about a dozen dairy and drystock farms, known as landfarms in the region'. The Authority declined to uphold a complaint that the statement was inaccurate and misleading as it was not material to the item and was clarified in the context of the story as a whole. Not Upheld: Accuracy Introduction[1] An item on Rural News discussed Taranaki Regional Council's response to a previous Rural News story about landfarms....

Decisions
White and SKY Network Television Ltd - 2015-066 (28 January 2016)
2015-066

Summary[This summary does not form part of the decision. ]An episode of Bullies, a three-part documentary series, discussed the issue of bullying in schools. The Authority did not uphold a complaint that the documentary was unbalanced and misleading because it did not discuss the success of certain nationwide bullying prevention programmes. The documentary did discuss various anti-bullying programmes and was not otherwise misleading. Which anti-bullying initiatives to feature, and in what detail, was a matter of editorial discretion for the broadcaster. Not Upheld: Controversial Issues, AccuracyIntroduction[1] An episode of Bullies, a three-part documentary series, discussed the issue of bullying in schools. [2] David White complained that the documentary was unbalanced and misleading because it did not discuss the success of nationwide bullying prevention programmes. [3] The issue is whether the broadcast breached the controversial issues and accuracy standards as set out in the Free-to-Air Television Code of Broadcasting Practice....

Decisions
Judge and Television New Zealand Ltd - 2017-078 (18 December 2017)
2017-078

Summary[This summary does not form part of the decision. ] A segment on Seven Sharp featured an interview between Mike Hosking and Jacinda Ardern on the day Ms Ardern became leader of the Labour Party. Mr Hosking questioned Ms Ardern about the state of the Labour Party and her leadership credentials, and also commented on what he believed to be the ‘chaotic’ state of the Labour Party and its chances of winning the 2017 General Election. The Authority did not uphold a complaint that the segment was unbalanced and inaccurate, finding that the broadcaster provided sufficient balance by allowing Ms Ardern a reasonable amount of time to answer the interview questions. The Authority also noted the significant amount of coverage the leadership change received during the period of current interest....

Decisions
Durie & Hall and Māori Television Service - 2018-066 (18 February 2019)
2018-066

Summary[This summary does not form part of the decision. ]An item on Te Kāea reported on a new public interest defence recognised by the Court of Appeal in the complainants’ defamation proceedings against the Māori Television Service (MTS). The Authority did not uphold a complaint from the appellants in the Court of Appeal case that this item was inaccurate and unfair. The Authority found that the item accurately reported the essence of the Court of Appeal’s judgment and that the omission of further information about the technical or legal aspects of the case would not have significantly affected viewers’ understanding of the item as a whole....

Decisions
Wilberg and Radio New Zealand Ltd - 2022-071 (1 May 2023)
2022-071

The Authority has upheld an accuracy complaint about RNZ news bulletins broadcast on 19 and 20 April 2022 reporting on the Government’s apparent delay in ending the MIQ system, despite recently released public health advice from November 2021 noting that a changed risk assessment meant MIQ would no longer be justified. The Authority found the items were misleading by omission as they gave a strong impression the advice stated MIQ should be wound up immediately (rather than through a ‘carefully managed transition’ to safely shift to a new system), and the Government had acted contrary to that advice. The Authority did not uphold the complaint under the balance standard. While finely balanced, noting the standard allows balance to be achieved over time, the Authority found RNZ’s later coverage (particularly on 20 April) adequately conveyed the Government’s perspective. Upheld: Accuracy. Not Upheld: Balance Order: Section 13(1)(a) broadcast statement...

Decisions
Parker and MediaWorks TV Ltd - 2019-069 (16 December 2019)
2019-069

In an episode of The AM Show, host, Duncan Garner, interviewed economist Cameron Bagrie on the topic of dropping interest rates. During the interview, Mr Bagrie commented regarding the risk of people no longer putting money in the bank, saying, ‘the banks need the money in the bank, because they gotta … get a dollar in the door before they can put the money out the door in the form of a loan. ’ The Authority did not uphold the complaint that the item breached the accuracy standard. The Authority found that Mr Bagrie’s statement was clearly distinguishable as analysis, comment or opinion so the accuracy standard does not apply. Not Upheld: Accuracy...

Decisions
End-of-Life Choice Society NZ and MediaWorks TV Ltd - 2020-094 (1 October 2020)
2020-094

The End-of-Life Choice Society NZ (EOLCS) complained about an item on The Project which included an interview with the author of the book, The Final Choice, in the lead-up to the binding End of Life Choice referendum. EOLCS was concerned that the interview portrayed the book as ‘an independent assessment of the issue’, which was biased and inaccurate. The Authority noted its role is limited to applying the relevant broadcasting standards and guidelines and determining whether any harm was caused which outweighed the right to freedom of expression; it is not the Authority’s role to determine whether the author is ‘independent’, or her personal view on the topic....

Decisions
Kellett and Television New Zealand Ltd - 2022-109 (30 January 2023)
2022-109

A segment on Seven Sharp reported on an electric tugboat named ‘Sparky’ going to meet the first cruise ship to come to Auckland following the COVID-19 pandemic. Sparky was described as ‘the world’s first fully electric ship-handling tug,’ which the complainant alleged was inaccurate. While the Authority acknowledged that this detail was likely technically inaccurate, in the context of a human interest piece focused on Sparky’s mechanical features, it found this was unlikely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

Decisions
Povey and Television New Zealand Ltd - 2020-173 (25 May 2021)
2020-173

The Authority has not upheld a complaint that various 1 News items referring to Joe Biden as the ‘president-elect’ before confirmation by the United States Electoral College breached the balance, accuracy and fairness standards. The Authority found this was a technical distinction that would not have altered viewers’ overall understanding of the items, therefore it was not a ‘material’ point of fact for the purposes of the accuracy standard. To the extent the items touched on the outcome of the United States election, which in some circumstances may amount to a controversial issue of public importance triggering the balance standard, the Authority was satisfied the standard was not breached taking into account the perspectives acknowledged within the items as well as in a wide range of other coverage both by TVNZ and media generally....

Decisions
Hutchins and Television New Zealand Ltd - 2000-195
2000-195

ComplaintOne News – inaccurate to state that Maori have a direct genealogical link with flora and faunaFindingsStandard G1 – clearly identified as a belief – no uphold This headnote does not form part of the decision. Summary The Maori perspective on the genetic engineering debate featured in an item broadcast on One News on 18 September 2000. It was explained that Maori opposition to genetic engineering was based on traditional beliefs, including that Maori were descended from flora and fauna. Mr R D Hutchins complained to Television New Zealand Ltd, the broadcaster, that it was "astoundingly untrue" to suggest that human beings were descended from plants and the various insect, reptile, bird and rat species of New Zealand. TVNZ emphasised that the statement had a cultural context and, within that cultural dimension, the statement to which Mr Hutchins took exception had not breached standard G1....

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