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Summary Auckland’s controversial Britomart development was the subject of discussion on John Banks’ talkback programme on Radio Pacific broadcast on 30 July 1999 between 6. 30–7. 30am. Mr Banks, an opponent of the project, suggested that the developer, Mr Lu, should return to his home country in Asia. He said "we don’t want to pour our money down your loo Mr Lu. " Savoy Equities Ltd, on behalf of Mr Lu, complained to Radio Pacific Ltd, the broadcaster, that the comments made were personally abusive and insulting, and incited hostility towards Chinese and Singaporeans. It contended that the host’s remarks were aggravated by what it called his ignorance of the facts. Radio Pacific responded that Mr Lu had been offered the opportunity to respond on-air at the time, but had declined....

Complaint 5 o’clock with Jude Dobson – naturopath promoted soy products as being efficacious for menopausal women – unbalanced – inaccurate FindingsAdvertising programme within the meaning of s. 2 of the Broadcasting Act 1989 and therefore not within the Authority’s jurisdiction – decline to determine This headnote does not form part of the decision. Summary During an item on 5 o’clock with Jude Dobson broadcast on TV One on 4 July 2000, a guest promoted the use of Blackmore’s soy products as being healthy and offering relief against menopausal symptoms. A second 5 o’clock with Jude Dobson programme, broadcast on 6 July referred to a soy-based product. Richard James complained to Television New Zealand Ltd that the programmes were deceiving to viewers as they were actually a commercial promotion, and that it was inaccurate to claim that soy products had a palliative effect on menopausal symptoms....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Kaea – item reported that colostrum from cows’ milk was being used to cure a variety of illnesses – allegedly unbalanced and inaccurate FindingsStandard 4 (controversial issues – viewpoints) – item reported a new product which was claimed to be a cure for a wide variety of illnesses – discussed a controversial issue of public importance – no alternative viewpoints were presented which questioned the product’s effectiveness or the scientific proof behind it – unbalanced – upheld Standard 5 (accuracy) – reporter adopted the position put forward in the story that colostrum was a miracle cure – news was not impartial – viewers would have been misled – upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of costs to the Crown $1,000 This headnote does not form part of the decision....

Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback – complainant expressed opposition to proposal for crematorium in Waikanae – host frequently interrupted with questions and criticisms – allegedly in breach of good taste and decency, unbalanced, unfair, and denigrated the elderly Findings Principle 1 (good taste and decency) – not applicable – not upheld Principle 4 (balance) – range of views advanced – not upheld Principle 5 (fairness) – not unfair in robust talkback environment – not upheld Principle 7 and guideline 7a (denigration) – not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] The proposal to build a crematorium in central Waikanae was an issue on the talkback session hosted by Justin du Fresne on Newstalk ZB on the morning of 4 December 2006....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about the 211 Helpline – said Opposition MPs were questioning whether service was too expensive and duplicated the service run by the Citizens Advice Bureau – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue discussed – item did not need to include details about what the 211 service might cost if rolled out nationally – majority considers item should have explained that 211 service was operating more extensive hours than the CAB – majority uphold Standard 5 (accuracy) – subsumed under Standard 4 Standard 6 (fairness) – subsumed under Standard 4No OrderThis headnote does not form part of the decision. Broadcast [1] On TV One at 6pm on 23 May 2006, an item on One News discussed the 211 Helpline, a community helpline run by the Ministry of Social Development (MSD)....

ComplaintOne News – seabed and foreshore – Waitara hui – closing headline stated hui “disintegrated into conflict and name-calling” – allegedly inaccurate and misleading Findings Standard 5 – closing headline substantially misreported events – inaccurate and misleading – upheld Standard 6 – inaccuracy a question of scripting, not editing – Guideline 6a not applicable – closing headline unfair to organisers and participants – upheld OrderBroadcast of statementThis headnote does not form part of the decision Summary [1] A closing headline on One News broadcast on TV One on 23 September 2003 reported that the hui held that day in Waitara on the seabed and foreshore issue had “ disintegrated into conflict and name-calling. ” [2] David Gall complained to Television New Zealand Ltd, the broadcaster, that the closing headline was inaccurate and misleading, and not supported by what was reported in the main body of the news item....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item entitled “Fair Game” explored the question of whether fish feel pain – focussed on big game fishing – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – significant viewpoints presented – not upheld Standard 5 (accuracy) – item was not inaccurate on points of fact – not upheld Standard 6 (fairness) – not unfair to deep-sea fishermen – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 18 October 2004, was entitled “Fair Game” and explored the question of whether fish feel pain. The item centred on big game fishing and the introduction said: Bullfighting, cock fighting, bear baiting. Some cultures have delighted in prolonging the torment of animals, under the guise of some sort of noble contest....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989 1. Holmes – 18 and 19 November 2003 – complainant director of Network Visas NZ Ltd – in dispute with 13 Romanian students – complainant’s home shown on item as location where business operated from – not company’s registered office – complainant given inadequate opportunity to respond – a number of factual inaccuracies – allegedly unbalanced, inaccurate and unfair 2. Holmes – 18 November 2003 – complainant’s home shown on item as location where business operated from – after broadcast, complainant visited by landlord – complainant’s wife who operates beauty business from the address felt intimidated – alleged breach of privacy 3....

Complaint under section 8(1C) of the Broadcasting Act 1989Prime News – news items on train collision near Wellington – first item stated that “A South-bound train then ran into the derailed engine” – allegedly inaccurateFindingsStandard 5 (accuracy) – complaint trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision. Broadcast[1] Items on Prime News, broadcast on Prime TV at 5. 30pm on Thursday 30 September 2010, reported on a train collision near Wellington. In the first item, the presenter stated: A landslide caused by heavy rain is thought to have caused today’s collision of two commuter trains north of Wellington. The incident happened at Pukerua Bay when a north bound train was derailed by a slip. A south bound train then ran into the derailed engine. No one was injured....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about an illegal advertising campaign for Goji Juice – product was being marketed to the Tongan community as being a cure for numerous diseases – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue was the marketing of Goji Juice – broadcaster not required to seek comment from manufacturer or from people who endorsed the product – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – broadcaster did not exhaust every alternative legitimate way of obtaining Namoe Sau’s comment before arranging door-stepping interview (guideline 6b) – used deception to obtain her comment without making sufficient attempts to obtain the material by other means (guideline 6c) – broadcaster treated Ms Sau unfairly – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] An item on One News, broadcast on TV One at 6pm…...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overgrown – cannabis law reform-themed radio show advocated cannabis use – host referred to a phone call from a general practitioner and made comments about the views he allegedly expressed – allegedly in breach of standards relating to law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandard 6 (fairness) – complainant was not named and unlikely to be identified from the limited information broadcast – host’s comments did not reach the necessary threshold to be considered unfair to the complainant – complainant not treated unfairly – not upheld Standard 2 (law and order) – while the programme encouraged and promoted cannabis use this was in the spirit of protest and to promote law reform – value of speech important – not upheld Standard 4 (controversial issues) – Overgrown was not a “factual programme” to which the standard applied – show was opinion-based and…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – item reported on the Australian Government's proposal to legislate for the mandatory blocking of particular websites – contained comment from a representative of the internet civil liberties group Electronic Frontiers Australia – allegedly unbalanced and inaccurate Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance to New Zealand – not upheld Standard 5 (accuracy) – interviewee qualified his statements – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast during Radio New Zealand National's Morning Report programme on Tuesday 28 October 2008 reported on the Australian Government’s plan to legislate for the blocking of websites it deemed to be illegal or inappropriate....

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 s. 8(1)(a) of the Broadcasting Act 1989Summer Report – panel discussion about healthy eating and exercise – reference to healthy food pyramid – advice given that not all fats were bad – unsaturated fat preferred to saturated fats – item alleged to be inaccurate, unfair and unbalancedFindings Principle 4 (balance – the safety of trans-fats not a controversial issue dealt with in the broadcast – not upheld Principle 5 (fairness) – trans-fats peripheral – not upheld Principle 6 (accuracy) – trans-fats not the topic of discussion – not upheldObservation Authority may decline to determine further complaints from Ms James when complaint only about peripheral matter dealt with in broadcastThis headnote does not form part of the decision. Broadcast [1] A panel discussion about healthy eating and exercise was broadcast as part of Summer Report on National Radio between 8. 00 to10. 00am on Thursday 8 January 2004....

Summary [This summary does not form part of the decision. ]Two items on Fair Go investigated complaints against a medal conservator and dealer, Owen Gough. The Authority did not uphold complaints from Mr Gough that the people interviewed made false claims about him, that his response was not fairly presented, and that the programmes breached his privacy. The broadcasts carried a high level of public interest, the claims made by those interviewed were clearly framed as their personal opinions and experiences, and the Authority was satisfied that the broadcaster had sufficient basis for the story. Mr Gough was not treated unfairly. Not Upheld: Fairness, Accuracy, Privacy Introduction[1] Fair Go investigated complaints against a medal conservator and dealer, Owen Gough, who restored and mounted original war medals, and also sold replicas to complete sets of medals....

Summary [This summary does not form part of the decision. ]An item on Seven Sharp reported the predictions of a climate scientist about the impacts of climate change on New Zealand by the year 2100, and included the opinion of a climate change health expert about the health risks associated with the predicted changes. The complainant argued that the item was misleading and unbalanced because the claims were presented as ‘fact’ and ‘inevitable’ rather than as ‘extreme projections’. The Authority did not uphold the complaint that the item was inaccurate, as it clearly consisted of opinion and predictions, and was not presented as fact....