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Decisions
The New Zealand Forest Owners Association Inc and Discovery NZ Ltd - 2022-022 (26 April 2022)
2022-022

The Authority has not upheld a complaint from the New Zealand Forest Owners Association alleging an item about the sale of a sheep and beef station, Huiarua, to an overseas buyer breached the accuracy and balance standards. The Authority found no breach of the balance standard as the majority of the item was about the sale of a specific piece of land, and the period of interest is ongoing. The broadcaster also noted it would endeavour to include forestry perspectives in future items covering the issue. In context, it was not misleading for the item to not discuss the ‘special forestry pathway’ under the Overseas Investment Act, and the distinction between production forestry and carbon farming was not material to the item. While there were aspects of the issues discussed which were not included in the item, it would not have misled viewers to an extent justifying regulatory intervention....

Decisions
Wyatt and TVWorks Ltd - 2010-081
2010-081

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera trial of video game retailers – actors aged 16, 14 and 12 years attempted to buy R18 video game – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – viewers saw the hidden camera footage – no evidence to suggest item was inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Target, broadcast on TV3 at 7. 30pm on 29 June 2010, the presenter summarised the results of a hidden camera trial in which actors aged 16, 14 and 12 years attempted to buy a video game which had an R18 classification. A number of retailers refused sale without proof of age, while others proceeded with the sale and swiped the actors’ eftpos cards....

Decisions
Butchart and Television New Zealand Ltd - 1999-045
1999-045

SummaryAn item on Holmes, broadcast on TV One on 12 February 1999 beginning at 7. 00pm, referred to a contest "to conceive the first child of the new millennium". The presenter commented on "this first child of 2000", in describing the contest. Mr Butchart complained to Television New Zealand Limited, the broadcaster, that the statements were totally untrue. He said the next millennium began with the beginning of 2001, just as the first millennium began with 0001, and the second began with 1001. He sought a correction of what he called the untrue statements. TVNZ responded that it was accurate to reflect the fact that by broad popular consensus, the world (or that part of it which used the Christian calendar) would mark the birth of the new millennium as midnight passed on the last day of 1999. It declined to uphold the complaint....

Decisions
Downes, Penning, Maltby, Massie & Tang and NZME Radio Ltd - 2020-123 (24 February 2021)
2020-123

In a segment on the Mike Hosking Breakfast programme, the host interviewed the Prime Minister about the Government’s decision to extend the Level 3 lockdown restrictions on Auckland in August 2020. The Authority did not uphold the complaints. It recognised the value of robust political discourse in the media and the role of media in holding to account those in positions of power. Overall, it found no harm at a level justifying regulatory intervention. While some may have found Mr Hosking’s approach and comments distasteful, they did not go beyond what could be expected of an interview of this nature. Not Upheld: Fairness, Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Children’s Interests...

Decisions
Golden and Radio New Zealand Ltd - 2015-010
2015-010

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....

Decisions
Forbes & Lee and UMA Broadcasting Ltd - 2015-058 (1 March 2016)
2015-058

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. ]During Paakiwaha, host Willie Jackson interviewed the Head of News and Current Affairs at Māori Television about the recent resignation of senior staff, among other things. Mihingarangi Forbes and Annabelle Lee, two of the individuals referred to, complained that the interview was unfair, inaccurate and unbalanced. The Authority upheld aspects of the accuracy complaint, as Mr Jackson claimed Ms Forbes leaked information to media (which was also unfair) and declined an invitation to appear on the programme, which was inaccurate. The Authority also found the item was unfair to Ms Forbes, Ms Lee and another former staff member as the discussion reflected negatively on their professional ability and they were not given a timely and relevant opportunity to respond or give comment....

Decisions
Business Innovation Group and Television New Zealand Ltd - 1994-007
1994-007

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 7/94 Dated the 21st day of February 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BUSINESS INNOVATION GROUP of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Lee and MediaWorks TV Ltd - 2016-044 (14 October 2016)
2016-044

Summary[This summary does not form part of the decision. ]An episode of The Nation discussed whether colonial figures were still worthy of commemoration, particularly when their actions were re-evaluated against 21st century values. An edited version of the report also appeared on Newshub. Both items featured excerpts from an interview with historian, Dr Jock Phillips, who provided comments on a South Auckland memorial to Colonel Marmaduke Nixon. Dr Phillips described Colonel Nixon’s involvement in events that occurred at Rangiaowhia in 1864 as ‘an appalling act of genocide’ and ‘a terrible atrocity’. The Authority did not uphold a complaint that the items lacked balance and were inaccurate. The items did not purport to provide a comprehensive examination of what occurred at Rangiaowhia....

Decisions
Allan and Television New Zealand Ltd - 2017-026 (30 June 2017)
2017-026

Summary[This summary does not form part of the decision. ]An item referred to during 1 News Coming Up reported on a meeting between the President of the United States of America, President Trump, and Canadian Prime Minister, Justin Trudeau. During the update, the newsreader said, ‘So, what did Canada’s leader Justin Trudeau say about Trump’s Muslim ban? ’ The Authority did not uphold a complaint that the use of the term ‘Muslim ban’ was inaccurate, in the context of the brief ‘coming up’ teaser which aimed to convey a lot of information in a short period of time. In this particular case it was acceptable shorthand referring to Executive Order 13769, and briefly highlighted a topic of discussion between the two leaders....

Decisions
Millward and Television New Zealand Ltd - 2021-163 (2 March 2022)
2021-163

An item on 1 News reported on the National Party leadership battle between Simon Bridges MP and Christopher Luxon MP. In describing both contenders, the reporter referred to Bridges as an ‘absolute political mongrel’. The complainant stated this reference breached various standards including the good taste and decency, and fairness standards as it was inappropriate to describe the Minister as a mongrel. The Authority did not uphold the complaint, finding the term had a separate, complimentary, meaning which was clearly intended in this context. The discrimination and denigration, balance, and accuracy standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Hooker and Television New Zealand Ltd - 2005-037
2005-037

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eye to Eye – host asked his guests whether the Labour or Māori Party candidate would win the seat of Tai Tokerau in the upcoming election – did not mention a third candidate for the electorate – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – not inaccurate – not upheldThis headnote does not form part of the decision. Broadcast [1] During Eye to Eye, broadcast on TV One at 9. 30am on 5 February 2005, the host asked his two female guests whether Dover Samuels (Labour Party) or Hone Harawira (Māori Party) would win the seat of Tai Tokerau in the upcoming election....

Decisions
Day & Moss and NZME Radio Ltd - 2018-090 (2 April 2019)
2018-090

Summary[This summary does not form part of the decision. ]Two complaints about Heather du Plessis-Allan’s use of the term ‘leeches’ to describe the Pacific Islands during Wellington Mornings with Heather du Plessis-Allan were upheld, under both the good taste and decency and discrimination and denigration standards. The Authority recognised the important role talkback radio plays in fostering open discourse and debate in society. However, the Authority found Ms du Plessis-Allan’s comments went beyond what is acceptable in a talkback environment, considering the use of language that was inflammatory, devalued the reputation of Pasifika people within New Zealand and had the potential to cause widespread offence and distress....

Decisions
Tinsley and Radio New Zealand Ltd - 2020-067 (28 October 2020)
2020-067

The Authority has not upheld a complaint about three RNZ broadcasts regarding political commentator Matthew Hooton. Two items on 21 and 22 May 2020 comprised interviews with Mr Hooton about the National Party leadership contest at that time, following which an item on 24 May 2020 discussed the emergence of Mr Hooton’s conflict of interest in this regard. The complaint was the 21 and 22 May items failed to disclose the conflict and the 24 May item failed to address it adequately. The Authority did not consider the broadcasts breached the accuracy standard, noting Mr Hooton disclosed his friendship with Todd Muller (National Party) in the 21 May item and accepted he had ‘nailed his colours’ to the Muller mast in the 22 May item. The conflict of interest generated by his subsequent engagement by Todd Muller did not arise until after these broadcasts....

Decisions
Gibbs and Radio New Zealand Ltd - 2020-156 (28 April 2021)
2020-156

The Authority has not upheld a complaint about an item on Morning Report which briefly discussed soil contamination at, and the possible repurposing of, a chemical plant site in Paritutu, New Plymouth. The complainant, an interviewee on the broadcast, argued the item misrepresented likely contamination levels by citing test results from outside of the plant site, and through a comment that the site was cleaner than that at Mapua. The Authority found the statements complained about either were not materially inaccurate, or were clearly distinguishable as opinion, to which the requirement for factual accuracy does not apply. The broadcast was unlikely to mislead listeners. The balance and fairness standards either did not apply or were not breached. Not Upheld: Accuracy, Balance, Fairness...

Decisions
Insurance Council of New Zealand and MediaWorks TV Ltd - 2014-146
2014-146

Summary [This summary does not form part of the decision. ] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unresolved insurance claims participated in the programme. The Authority upheld a complaint that the broadcast breached the controversial issues and accuracy standards because the programme did not include the insurance industry's perspective and was misleading about the industry's willingness to participate in the programme. Upheld: Controversial Issues, Accuracy Order: Section 13(1)(a) – broadcast statement Introduction [1] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unsettled insurance claims participated in the programme....

Decisions
ten Hove and Radio New Zealand Ltd - 2015-098 (1 March 2016)
2015-098

Summary[This summary does not form part of the decision. ]A segment on Worldwatch was introduced with the headline: ‘A provocative act by America in the South China Sea’. The item later went on to explain, ‘China’s issued a terse statement aimed at the United States after an American destroyer sailed close to an artificial island in the disputed area of the South China Sea. China said the move was illegal and threatened its sovereignty’. The Authority did not uphold a complaint that the introduction to the item was misleading and unfair because it implied that the US was responsible for the escalation of tensions in the South China Sea when in fact China was acting provocatively. Reasonable listeners hearing the item as a whole would have understood the context in which the word ‘provocative’ was used and would not have been misled....

Decisions
Kuten and MediaWorks TV Ltd - 2016-081 (15 December 2016)
2016-081

Summary[This summary does not form part of the decision. ]An item on Story opened with the news that Air Chathams had recently launched a new flight route from Auckland to Whanganui, following Air New Zealand’s announcement that it would discontinue its flights to the city. The item featured a reporter who visited Whanganui and spoke with the Mayor, residents and business-owners about their experiences and the good and the bad side of living and working in Whanganui. The Authority did not uphold a complaint that this item was unbalanced, inaccurate and unfairly portrayed Whanganui and its residents. The introduction to the item was a parody of a popular, long-running Lemon and Paeroa television advertisement, which most viewers would have recognised, and while some of the reporter’s comments were critical of Whanganui, these were balanced with many positive comments made by residents and the item’s presenters....

Decisions
Waddington and SKY Network Television Ltd - 2014-140
2014-140

Summary [This summary does not form part of the decision]An episode of The Brokenwood Mysteries portrayed a character believed to have Asperger Syndrome as a lead suspect in a murder. The Authority did not uphold the complaint that the broadcast denigrated people with Asperger Syndrome. The programme legitimately employed dramatic licence to develop this fictional character, and the character was not intended as a comment on, or a reflection of, all people with Asperger Syndrome. Not Upheld: Discrimination and Denigration, Accuracy, FairnessIntroduction[1] An episode of a local murder mystery series, The Brokenwood Mysteries portrayed a character believed to have Asperger Syndrome (Amanda) as a lead suspect in a murder. Amanda was portrayed as intense and socially awkward, which other characters attributed to her possible Asperger Syndrome. Amanda was later proven not to be the murderer....

Decisions
Reekie and MediaWorks TV Ltd - 2018-045 (10 August 2018)
2018-045

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in determination of this complaint. Summary [This summary does not form part of the decision. ] An episode of The AM Show featured an interview with Hon. Kelvin Davis regarding the Government’s scheduled series of nationwide Hui with Māori. The programme also discussed legal action taken by prisoners against the Department of Corrections over strip searches, and a short clip of comments by host Duncan Garner on this issue was included in a promo for The AM Show broadcast that evening. A complaint was made that Mr Garner’s comments in relation to the first topic amounted to racist ‘slurs’ against Māori and were dismissive of the Crown’s efforts to fulfil its Treaty obligations, and that the discussion of the second topic trivialised prisoners’ ‘serious abusive treatment’. The Authority did not uphold either aspect of the complaint....

Decisions
Millen and Television New Zealand Ltd - 1991-045
1991-045

Download a PDF of Decision No. 1991-045:Millen and Television New Zealand Ltd - 1991-045 PDF604. 13 KB...

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