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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on legal aid lawyer Charl Hirschfeld’s resignation – stated that his “resignation comes within days of the Law Society launching an investigation into his legal aid work”, he “topped the legal aid rich list”, the LSA had “completed an investigation into payments to Mr Hirschfeld” and “in the last year Charl Hirschfeld netted $3. 2 million in legal aid money” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – Mr Hirschfeld’s arguments primarily issues of semantics – statements not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster treated Mr Hirschfeld fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Wednesday 26 January 2011, reported on legal aid lawyer Charl Hirschfeld’s resignation....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – interview with a grandmother campaigning against prescription of the drug Ritalin – grandmother not medically qualified made allegedly inaccurate statements – item allegedly unbalanced and unfair as it failed to present expert medical opinionFindings Principle 4 (balance) – personal perspective – balanced mainstream view – not upheld Principle 5 (fairness) – not relevant – not upheld Principle 6 (accuracy) – mixture of fact and opinion – not upheld Principle 6 (accuracy) – Authority unable to establish number of people being prescribed Ritalin in New Zealand – decline to determine This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nelson Newstalk ZB interview following local body elections – Mayor of Nelson commented on his lessened majority – stated that Grey Power had been “hijacked” by members of his opponent’s team – allegedly unbalanced, unfair, inaccurate and encouraged denigration Findings Principle 4 (balance) – no controversial issue of public importance – not upheld Principle 5 (fairness) – no persons treated unfairly – not upheld Principle 6 (accuracy) – expression of opinion – standard does not apply – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – expression of opinion – standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A broadcast on Nelson Newstalk ZB on 11 October 2004 at around 11. 30am featured an interview with the winning Mayors of Nelson (Paul Matheson) and Tasman (John Hurley)....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – use of archive footage of haka during item about foreshore and seabed dispute – inaccurate – unfair FindingsStandard 5 – use of footage not misleading or inaccurate – no uphold Standard 6 – use not unfair to any person or group – no uphold This headnote does not form part of the decision Summary [1] Archive footage of a haka performed at Waitangi beach was used in a Holmes item about the dispute over ownership of the foreshore and seabed. The programme was broadcast on 19 August 2003 at 7. 00pm on TV One. [2] Wiremu Te Rauna Williams complained to Television New Zealand Ltd, the broadcaster, that the use of the archive footage was inaccurate and amounted to “fraud and betrayal”, as it had no connection to the seabed and foreshore debate....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Investigator Special: Jesus the Cold Case – documentary maker, Bryan Bruce, gave his perspective on the life and death of Jesus – consulted various experts – challenged traditional Christian view as encapsulated in the gospels – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 4 (controversial issues) – issues canvassed in the programme were matters of historical interest as opposed to controversial issues of public importance – authorial documentary approached from perspective of Mr Bruce – viewers could reasonably be expected to be aware of the commonly accepted view of the gospels – not upheld Standard 5 (accuracy) – reasonable viewers would have understood that the programme consisted of Mr Bruce’s comment and opinion based on his personal research – viewers would not have been misled – given subject matter of documentary the Authority is not…...

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....

Summary [This summary does not form part of the decision. ] The host of The Paul Henry Show and a TV3 reporter briefly discussed the future of Auckland’s Wynyard Quarter tram service, in a new segment titled ‘Council Watch’, and summarised the cost of the project to rate-payers. The Authority did not uphold the complaint that the segment was one-sided and misled viewers about the reason the trams were not currently operating. It is legitimate and important for the expenditure of public money to be scrutinized and subject to robust criticism, and the focus of the item was the cost of the project; other reasons why the tram service was not running were peripheral to that focus, so viewers would not have been misled by omitting reference to those reasons....

Summary[This summary does not form part of the decision. ]A ONE News bulletin included an item on politicians' attendance at the Big Gay Out festival. The newsreader said, 'The community makes up to 10 percent of New Zealand's population and MPs were keen to show their support'. The Authority did not uphold the complaint that this statement and in particular the figure of 10 percent was inaccurate and misleading. It was expressed as an approximate figure only. There is no data available showing the exact size of the Lesbian, Gay, Bi-sexual and Transgender (LBGT) community against which to assess the accuracy of the statement. Not Upheld: AccuracyIntroduction[1] A ONE News item covered the Big Gay Out event in Auckland. The newsreader introduced the item by saying: The importance of the gay vote was evident today as a pack of politicians joined thousands at Auckland's Big Gay Out festival....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on Hone Harawira’s travel expenses – stated that he “racked up a $35,000 travel bill. . . that’s almost $4000 more than the Māori Party’s total travel bill” – allegedly inaccurate and unfair to Mr Harawira FindingsStandard 5 (accuracy) – comparison based on Parliamentary Service expenditure only – failed to mention that Māori Party MPs also received funds from Ministerial Services – created misleading impression that Mr Harawira spent more than the entire Māori Party on travel – upheld Standard 6 (fairness) – Hone Harawira is a political figure who should expect robust criticism – not unfair – not upheldNo Order This headnote does not form part of the decision. Broadcast[1] An item on One News, broadcast at 6pm on Thursday 28 April 2011, reported on MP Hone Harawira’s travel expenses....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Education Advertisement – National Party leader and Prime Minister John Key stated, “National is building a better education system, with school reports in plain English. . . ” – statement allegedly inaccurate and misleading FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air Television Code – advertisement did not state as fact that all school reports would be written in the English language – “plain English” was colloquial way of stating “easy to understand” – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An advertisement for the New Zealand National Party was broadcast on TV One on 2 November 2011 at approximately 9. 30pm....

Download a PDF of Decision No. 1993-169:Bracey and Television New Zealand Ltd - 1993-169 PDF406. 94 KB...

Download a PDF of Decision No. 1990-015:Perry and Television New Zealand Ltd - 1990-015 PDF1008. 74 KB...

The Authority has not upheld a complaint about a Morning Report interview with Te Pāti Māori co-leader Debbie Ngarewa-Packer concerning the Israel/Gaza war. The complaint alleged the interview was unbalanced because no alternative perspective was presented to counter Ngarewa-Packer’s comments that Israel’s actions in Palestine amounted to genocide and apartheid, among other things, and that those statements were also inaccurate. The Authority acknowledged people may not agree with the terms used by Ngarewa-Packer during the interview and some would find them inflammatory, but ultimately found restricting the broadcaster’s and Ngarewa-Packer’s right to freedom of expression would be unjustified....

The Authority has not upheld a complaint about a 1News item discussing the results of a 1News Verian political poll. The item included analysis and commentary on the poll from 1News’ Political Editor, which the complainants considered was either ‘biased’, unbalanced, inaccurate or unfair to the coalition government. The Authority found no breach of the nominated standards: the item included significant relevant perspectives; the statements complained about were comment, analysis, or opinion to which the accuracy standard did not apply; and the item did not give rise to any unfairness to the politicians or parties featured. Not Upheld: Balance, Accuracy, Fairness...

The Authority has not upheld an accuracy complaint about a 1News segment on the dangers of crossing sand bars. In the segment, a Coastguard representative said, ‘We recommend crossing the bar at high or low tide, so we can try and take the current out of the equation’. The complaint alleged the recommendation to cross at low tide was ‘wrong’ and ‘dangerous’ and Coastguard were not an authoritative source regarding maritime matters. The Authority considered there were reasonable arguments for a finding the statement was not materially inaccurate in the context of the broadcast. The segment’s overall emphasis was on the dangers and complexity in crossing sand bars, and the statement addressed just one of several risk factors mentioned. In any event, the Authority found it was reasonable for the broadcaster to rely on information provided by the Coastguard representative on this topic. Not Upheld: Accuracy...

The Authority has declined to determine a complaint alleging a brief news bulletin on Radio New Zealand’s RNZ Concert breached the balance and accuracy standards in reporting statements by US Vice President JD Vance. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preference regarding matters of editorial discretion and the complainant’s concerns about accuracy derived from a misinterpretation of the bulletin.   Declined to Determine (s 11(b) of the Broadcasting Act 1989 - in all circumstances): Balance, Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 65 /94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 99/94 Dated the 20th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BERNARD GADD of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...