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Decisions
Carapiet and Radio New Zealand Ltd - 2002-007
2002-007

ComplaintEureka – Royal Commission on Genetic Modification – GE Free rally – rally participants interviewed – approach assured participants rejected Commission findings – views misrepresented – unbalanced FindingsPrinciple 5 – interviewees not treated unfairly – no uphold Principle 6 – factual reports and opinion distinguished – no uphold This headnote does not form part of the decision. Summary [1] An interview with one of the Commissioners from the Royal Commission on Genetic Modification, and comments from participants at a GE-Free rally, were included in the edition of Eureka broadcast on National Radio on 9 September 2001 and repeated on 10 September. Eureka is a science magazine programme broadcast weekly. [2] Jon Carapiet complained to Radio New Zealand Ltd, the broadcaster, that the programme’s approach was unbalanced as the item sought to represent those at the rally as ill-informed. Consequently, he said, their views were misrepresented....

Decisions
Giles and Television New Zealand Ltd - 2002-073
2002-073

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

Decisions
Johns and Television New Zealand Ltd - 2002-203, 2002-204
2002-203–204

ComplaintOne News and One Late Edition – news items – Bailey Kurariki – referred to as a "killer" – inaccurate – unfair Findings Standard 5 – manslaughter definition – reference not inaccurate – no uphold Standard 6 – Bailey Kurariki not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] On One News at 6. 00pm and on One Late Edition at 10. 35pm on 16 September 2002, a report about the sentencing of the people convicted for the killing of Michael Choy was broadcast. [2] Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the news reports relating to one of the people sentenced, Bailey Kurariki ("Bailey"), were inaccurate because they referred to Bailey as a "killer" and dealt with him unfairly....

Decisions
Lubetzky and Television New Zealand Ltd - 2010-103
2010-103

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – footage of a man throwing a rock and of another man bleeding shown during discussion of Ms Enchmarch’s previous attempt to get aid to Gaza by land – allegedly inaccurate FindingsStandard 5 (accuracy) – footage subject to complaint did not constitute a material point of fact to which the standard applied and was not misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7....

Decisions
Taylor and Radio New Zealand Ltd - 2013-091
2013-091

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....

Decisions
New Zealand Fishing Industry Association and Television New Zealand Ltd - 1991-021
1991-021

Download a PDF of Decision No. 1991-021:New Zealand Fishing Industry Association and Television New Zealand Ltd - 1991-021 PDF916. 23 KB...

Decisions
Emirates Team New Zealand and The Radio Network Ltd - 2014-089
2014-089

Summary [This summary does not form part of the decision. ]A Radio Sport host commented to the programme producer, ‘I wonder when Team New Zealand are going to tell us all that one of their chief designers quit a couple of weeks ago. ’ The Authority did not uphold the complaint that this was inaccurate because no designer had resigned. Listeners would have interpreted the comments as speculation or gossip, rather than confirmed fact. Not Upheld: AccuracyIntroduction[1] During The Devlin Radio Show on Radio Sport, the host commented to the programme producer, ‘I wonder when Team New Zealand are going to tell us all that one of their chief designers quit a couple of weeks ago. ’ The programme was broadcast on 30 June 2014....

Decisions
Chaney and Television New Zealand Ltd - 2014-142
2014-142

Summary [This summary does not form part of the decision. ]A promo for Seven Sharp showed a Pit Bull owner describing the dogs as the 'most sookiest, goofiest, loyal, loving teddy bears'. The Authority did not uphold a complaint that it was misleading to promote Pit Bulls as 'good family dogs'. The comments were clearly distinguishable as opinion, so the accuracy standard did not apply. Not Upheld: AccuracyIntroduction[1] A promo for Seven Sharp included a story on Pit Bull adoption. A Pit Bull owner was shown describing the dogs as the 'most sookiest, goofiest, loyal, loving teddy bears'. [2] Louise Chaney complained that it was misleading to promote Pit Bulls as 'good family dogs' as they can be dangerous and have been known to attack children. [3] The issue is whether the broadcast breached the accuracy standard, as set out in the Free-to-Air Television Code of Broadcasting Practice....

Decisions
McDonald and Television New Zealand Ltd - 2014-150
2014-150

Summary[This summary does not form part of the decision. ]Two ONE News items covered the lava eruption of Mount Kilauea that threatened a small town in Hawaii. The complainant alleged that the temperatures of the lava given in the news items were inaccurate. The Authority declined to determine the complaint on the basis it was trivial, as it related to a technical and insignificant aspect of the broadcast. The complainant continues to refer similar complaints to the Authority despite previous decisions. Declined to determine: AccuracyIntroduction[1] Two ONE News items covered the lava eruption of Mount Kilauea which threatened a small town in Hawaii. [2] Mr McDonald complained that references to the temperatures of the lava in the two items were inaccurate. [3] The issue is whether Mr McDonald's concerns raise issues of broadcasting standards of a level which warrant our determination....

Decisions
Olsen-Reeder and Television New Zealand Ltd - 2015-018
2015-018

Summary[This summary does not form part of the decision. ]A Breakfast bulletin reported that Auckland's Okahu Bay would be closed to the public for one day due to a private event held by local iwi Ngāti Whātua Orākei. The Authority did not uphold the complaint that the item was inaccurate, unfair and encouraged discrimination by omitting the views of Ngāti Whātua and implying their actions were 'wrong'. It would have been preferable to include comment from Ngāti Whātua in the initial broadcast, and by failing to fully explain why Okahu Bay was closed, viewers could have been left with an ill-informed, negative view of Ngāti Whātua. However comment was included in later TVNZ broadcasts the same day which mitigated any potential unfairness. Nothing in the item encouraged the denigration of, or discrimination against, Ngāti Whātua and/or Māori....

Decisions
Fisher and Television New Zealand Ltd - 2015-044 (1 March 2016)
2015-044

Summary[This summary does not form part of the decision. ]An item on ONE News covered the quarrying of a Dunedin landmark, Saddle Hill, and featured interviews with three people opposed to the quarrying. The reporter stated that quarry owner Calvin Fisher did not respond to his request for an interview, although an offer had been made to ‘replace the hill once the rock has been taken away’. TVNZ upheld Mr Fisher’s complaint, finding that insufficient attempts were made to contact Mr Fisher and the reporter unfairly represented that he was not willing to comment. TVNZ apologised in writing to Mr Fisher, removed the story from its website and discussed the upheld complaint with the reporter and management. However the Authority upheld Mr Fisher’s complaint that this action was insufficient to remedy the breach....

Decisions
Both and MediaWorks TV Ltd - 2015-100 (14 April 2016)
2015-100

Summary[This summary does not form part of the decision. ]A 3 News item reported on allegations of widespread doping amongst Russian athletes and included a reference to the disqualification of a Belarussian shot-putter at the London Olympics. The Authority did not uphold a complaint alleging the item was misleading, unbalanced and denigrated Russians by failing to differentiate between Belarus and Russia. The reporter accurately described the Belarussian athlete and the Russian Olympic team, and in the context of the item viewers would not have been misled into thinking Belarus and Russia were the same country. The item portrayed a range of significant viewpoints on the allegations of doping amongst Russian Olympic athletes and did not contain any material which discriminated against, or denigrated, Russians. Not Upheld: Accuracy, Controversial Issues, Discrimination and DenigrationIntroduction[1] A 3 News item reported on allegations of widespread doping amongst Russian athletes....

Decisions
Wellington Palestine Group and Television New Zealand Ltd - 2015-101 (12 May 2016)
2015-101

Summary[This summary does not form part of the decision. ]An item on ONE News reported on incidents of violence in Israel and Palestine. The newsreader said, ‘Road blocks are in place and thousands of police and soldiers are patrolling across Israel as it tries to stop a wave of violence’, and then crossed to a correspondent reporting from East Jerusalem. The item also went on to report on other incidents of violence between Israelis and Palestinians, including in Gaza. The Authority upheld a complaint that the item was inaccurate because East Jerusalem is internationally recognised as being part of Palestine, not Israel, and viewers would have been misled into thinking that much of the violence took place in Israel. Upheld: AccuracyNo OrderIntroduction[1] An item on ONE News reported on incidents of violence in Israel and Palestine....

Decisions
MX & FX and Television New Zealand Ltd - 2015-094 (15 July 2016)
2015-094

Summary[This summary does not form part of the decision. ]An episode of Neighbours at War featured a dispute between a group of neighbours over a right of way. Two sets of neighbours alleged that their neighbours, a couple (Mr and Mrs X), had been threatening and harassing them. The Authority upheld aspects of a complaint from Mr and Mrs X that the episode was unfair and breached their privacy. The Authority also determined that the broadcaster did not take sufficient action having upheld one aspect of the complainants’ original fairness complaint. The programme contained potentially damaging allegations against the complainants and did not present their side of the story....

Decisions
Radisich and Television New Zealand Ltd - 2016-052 (2 December 2016)
2016-052

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....

Decisions
Evans and Radio New Zealand Ltd - 2016-080 (19 January 2017)
2016-080

Summary[This summary does not form part of the decision. ]An item on Sunday Morning featured an interview with journalist Paula Penfold about the recently published book, Don’t Dream It’s Over: Reimagining Journalism in Aotearoa New Zealand. During the interview, Ms Penfold discussed the Stuff Circuit team’s investigation into the death of a teenage girl with Down Syndrome at the Gloriavale Christian community. Ms Penfold referred to the complainant’s documentary, Gloriavale: A Woman’s Place, saying, ‘And I know a little bit about how that works with Hopeful Christian, the leader at Gloriavale. You know, he will insist on editorial control’. The Authority did not uphold a complaint that Ms Penfold’s statements were inaccurate. Ms Penfold’s statement represented her own analysis, comment or opinion, based on her experiences at Gloriavale, and so was not subject to the accuracy standard....

Decisions
Gibbs and Radio New Zealand Ltd - 2016-091 (8 March 2017)
2016-091

Summary[This summary does not form part of the decision. ]An item on Sunday Morning with Wallace Chapman, titled ‘Abortion and Civil Liberties – the Thames Stand-Off’, discussed ‘pro-life’ protestors, Voice for Life, and their longstanding protests outside Thames Hospital. The Authority did not uphold a complaint that the presenter was biased and that his treatment of the ‘pro-life’ representative was negative, unfair and unbalanced in comparison to his treatment of the ‘pro-choice’ representative. The Authority found that Mr Chapman’s treatment of the interviewees did not result in an unbalanced broadcast, as both perspectives on the debate were adequately put forward during the programme. While Mr Chapman’s questioning of the ‘pro-life’ representative was robust, his criticisms related to the Voice for Life group as a whole, and he did not attack the interviewee personally or come across as abusive towards her, such that she was treated unfairly....

Decisions
Ministry for Primary Industries and Mediaworks TV Ltd - 2016-092 (15 May 2017)
2016-092

Summary[This summary does not form part of the decision. ]Newshub broadcast a story about the outcome of a review by Michael Heron QC of Ministry for Primary Industries (MPI) fisheries prosecution decisions. The reporter referred to the resignations of two senior MPI officials, implying that the resignations were connected to the outcome of the Heron review. The Authority upheld the complaint that the broadcast was unfair. The item reflected negatively on the two individuals’ professional reputations and had the potential to adversely affect them. In the interests of fairness, the broadcaster should have given the individuals affected a fair and reasonable opportunity to respond to the allegations, which did not occur. The Authority did not uphold the complaint that the item breached the accuracy standard, as it found the broadcaster had made reasonable efforts to ensure accuracy by relying on sources which it satisfied itself were credible....

Decisions
Thelning and MediaWorks TV Ltd - 2017-038 (17 July 2017)
2017-038

Summary [This summary does not form part of the decision. ]During a ‘Vote Smart’ segment on The Project, host Jesse Mulligan discussed what he considered to be the ‘horribl[e] underfund[ing]’ of the Department of Conservation (DoC). Mr Mulligan said, ‘DoC doesn’t have a big lobby group to argue their case. You know when Big Dairy puts their hand out, they get offered up to $400 million to spend on irrigation. That’s DoC’s whole budget, but it’s being spent on growing dairy, which, if anything, makes the conservation job even harder’. The Authority did not uphold a complaint that the comparison made between DoC and Crown Irrigation was inaccurate and misleading as the funding models of these two entities are different. The comment was not a statement of fact which triggered the requirements of the accuracy standard....

Decisions
Taylor and Television New Zealand Ltd - 2017-041 (24 July 2017)
2017-041

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an influx of refugees and migrants crossing the border from the United States of America (US) into Canada to claim refugee status. The reporter said that this influx was due to uncertainty after the election of Donald Trump as President, and a ‘loophole’ in the law which meant that ‘if a person can make it onto Canadian soil, they’re able to claim asylum’. The Authority found that the term ‘loophole’ was a reasonable description of a gap in the 2004 Canada-US Safe Third Country Agreement, in which refugee claimants seeking entry into Canada by crossing the border illegally would not be turned back to the US (as the first safe country), but rather arrested and allowed to claim refugee status in Canada....

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