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This decision has been amended to remove the names of persons who were not a party to the complaint....

ComplaintOne News – in view of low water levels, news item about the exposure of ships sunk in River Danube in Second World War – estimated up to 2000 bodies in the river – reference to Nazi navy – unbalanced – inaccurate – unfair FindingsStandard 2 – not relevant – no uphold Standard 4 – not unbalanced – no upholdStandard 5 – unable to establish facts – decline to determine Standard 6 not unfair – no uphold This headnote does not form part of the decision. Summary [1] The extremely low levels of the River Danube in Serbia had resulted in the exposure of a number of German Navy ships from the Second World War which had been scuttled as the Nazis withdrew. It was reported that up to 2000 people on the ships had been drowned when the ships were scuttled....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenters had several light-hearted discussions about the Pope – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – presenters did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – presenters’ comments distinguishable from points of fact – not upheld Standard 6 (fairness) – programme did not denigrate the Pope or Catholics – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Breakfast, broadcast on TV One at 7am on Tuesday 26 February 2008, the presenters, Paul Henry and Pippa Wetzell, and the newsreader, Peter Williams, had a jovial discussion about the current Pope and what he had been doing recently....

ComplaintLaw and Order – person with mental illness portrayed as violent, unpredictable and evil – inaccurate – unfair – stereotype FindingsStandard G1 – fiction – no uphold Standard G6 – fiction – no uphold Standard G12 – 9. 30pm not usual children’s viewing time – decline to determine Standard G13 – dramatic work – no uphold Standard G20 – fiction – no uphold This headnote does not form part of the decision. Summary [1] The murder of an eight-year-old boy and subsequent investigation was dramatised in an episode of Law and Order broadcast on TV3 at 9. 30pm on 15 December 2001. It was disclosed that he was killed by two girls (aged 13 and 10) and at the trial, the prosecution argued that the younger girl was a "sociopath", while the defence argued that she had "frontal lobe damage" following an accident, and had suffered ongoing abuse....

ComplaintAssignment – election special – inaccurate statement regarding student loans FindingsStandard 5 – requirement for accuracy is absolute – minor breach – uphold No Order This headnote does not form part of the decision. Summary [1] An Assignment programme broadcast on TV One at 8. 00pm on 10 July 2002 was an election special, which analysed the Auckland electorates in the context of the upcoming General Election. [2] Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the Prime Minister’s comments regarding student loans were inaccurate, and that Ms Harré was treated unfairly on the programme. [3] In declining to uphold the complaint, TVNZ said that the Prime Minister’s comments were "essentially correct" and that Ms Harré was dealt with fairly in the context of the programme....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – presenters made comments about leader of the Conservative Party Colin Craig – allegedly in breach of good taste and decency, law and order, privacy, controversial issues, fairness, accuracy, discrimination and denigration, responsible programming, and violence standards FindingsStandard 6 (fairness) – comments in 17 April item aimed at Colin Craig in his professional capacity and therefore not unfair – comments in 24 April item were insulting and personally abusive to Colin Craig and therefore unfair to him – upheld in part Standard 1 (good taste and decency) – alleged coarse language did not threaten current norms of good taste and decency – abusive nature of comments more appropriately addressed as a matter of fairness to Colin Craig, rather than harm to general audience – not upheld Standard 7 (discrimination and denigration) – items did not encourage discrimination or denigration against people who opposed…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Breeze and Coromandel Gold FM News – items canvassed allegations against TCDC mayoral candidate with regard to distributing an email he received from TCDC CEO – contained terms “doctored”, “doctoring” and “falsify” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – terms distinguishable as opinion of Mr Minogue’s political rivals – exempt from accuracy under guideline 5a – not upheld Standard 6 (fairness) – Mr Minogue given an adequate opportunity to respond – treated fairly – not upheld This headnote does not form part of the decision. Broadcasts [1] News items broadcast simultaneously on The Breeze and Coromandel Gold FM on the mornings of 16 and 17 September 2010, canvassed allegations against Thames-Coromandel District Council (TCDC) mayoral candidate Dal Minogue, with regard to distributing an email he received from the CEO of the TCDC, Steve Ruru....

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 Infrastructure Advertisement – contained images of infrastructure that was allegedly planned, consented, funded and mostly completed under the previous Labour Government – allegedly in breach of accuracy and fairness standards FindingsStandard E1 (election programmes subject to other Codes) – Standards 5 (accuracy) and 6 (fairness) of the Free-to-Air TV Code – advertisement created impression that the National-led Government had a role in the examples of infrastructure shown – however language in the advertisement was couched in present and forward-looking terms rather than looking at past achievements – not inaccurate – fairness standard only applies to individuals or organisations taking part or referred to – not upheld This headnote does not form part of the decision....

ComplaintOne News – item about gender income differences – unbalanced – inaccurate – denigration and discrimination of male employers FindingsStandard 4 – range of perspectives presented – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – not unfair to male employers – no uphold This headnote does not form part of the decision. Summary [1] A One News programme, broadcast at 6. 00pm on 20 June 2002, featured an item which sought to explain census figures which showed that women were earning less than their male counterparts. [2] Peter Zohrab, on behalf of the New Zealand Equality Education Foundation, complained to Television New Zealand Ltd, the broadcaster, that the news item was unbalanced, inaccurate, and encouraged denigration and discrimination against male employers....

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – newsreader interviewed a representative of the 'Occupy Wellington' protest movement – allegedly in breach of standards relating to accuracy, fairness, discrimination and denigration FindingsStandard 6 (fairness) – newsreader’s approach challenging but not unfair – interviewee adequately expressed his viewpoint and defended the position of the protestors – interviewee not treated unfairly – not upheld Standard 5 (accuracy) – newsreader’s comments did not amount to points of fact – interviewee’s perspective included so viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – comments did not carry the necessary invective to encourage discrimination or denigration against the protestors as a section of the community – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

ComplaintWeather Forecast – More FM Wellington – reference to approaching storm by announcer – inaccurateFindingsPrinciple 6 – local weather forecast supplemented by telephone calls from listeners not news and current affairs – no upholdThis headnote does not form part of the decision. Summary[1] The weather forecasts broadcast on More FM in Wellington between 4. 00–6. 00pm on 25 June 2003 referred to the possibility of hail, thunder and snow. The announcer added that a storm was approaching. [2] Thomas Morgan complained to CanWest Radio NZ Ltd, the broadcaster, that the comment about an approaching storm was inaccurate, and that it was not based on a warning issued by Metservice. [3] In response CanWest Radio said that the announcer’s comment was based on information from callers on the South Coast who advised that a storm was on the way. It denied that the forecast was inaccurate....

Summary [This summary does not form part of the decision. ]An item on One News reported on overseas studies showing that even low levels of air pollution can be harmful. The Authority did not uphold the complaint that the comment that ‘the European Union’s recommended standard… is even more stringent than the standard here’, and the accompanying graphic, were inaccurate. Taken in the context of the whole item, the statement was sufficiently clarified so viewers would not have been misled. The key message was that air pollution is a serious problem impacting on public health, so New Zealand should consider adopting standards applied in other countries, not currently applied here. Not Upheld: Accuracy Introduction[1] An item on One News reported on overseas studies showing that even low levels of air pollution can be harmful....

Download a PDF of Decision No. 1991-037:Ngaei and Radio New Zealand Ltd - 1991-037 PDF727. 04 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about Work and Income using taxpayers’ money to pay, on behalf of beneficiaries, the penalty fees incurred in retrieving their impounded cars – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – no inaccurate statements – opinion of interviewees that WINZ was helping beneficiaries to commit crimes was not adopted by the reporter as a statement of fact – not upheld Standard 4 (balance) – conflicting accounts about events on the day of the broadcast – Authority cannot determine whether the reporter made reasonable efforts, or reasonable opportunities were given, to present significant points of view about whether WINZ was assisting illegal activity – decline to determine under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – direct conflict in recollection of events – Authority cannot determine whether MSD was informed about the angle of the story or…...

Complaints under section 8(1)(a) of the Broadcasting Act 1989Caller to talkback on 6 November 2005 used word “Muslim” – disconnected – allegedly unbalancedNews broadcast on 7 November – four matters allegedly inaccurateNews broadcast on 20 November referred to Rugby World Cup – broadcaster acknowledged that it had been inaccurate to say that South Africa had withdrawn its bid – apology to complainant and correction broadcast a week later – action taken insufficientFindingsPrinciple 4 (balance) – did not give rise to issue of balance in talkback radio environment – not upheld Principle 6 (accuracy) – unable to determine three complaints – decline to determineNo inaccuracy in respect of fourth complaint – not upheldAction taken – action taken sufficient – not upheldThis headnote does not form part of the decision. Broadcasts and Complaints [1] Rakesh Chand complained to Apna Networks Ltd, the broadcaster, about three different broadcasts on Apna 990AM....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a ten-year-old boy who the reporter said was on the waiting list to have “tumours” removed from his body – outlined difficulties the boy’s mother had experienced dealing with his surgeon – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheldStandard 5 (accuracy) – inaccurate to state that the boy had more than one tumour – TVNZ failed to ensure that one of its sources was reliable – programme misled viewers by failing to inform them that surgeon had ensured the boy’s ongoing care – upheldStandard 6 (fairness) – complainant was not given a reasonable opportunity to respond to allegations in the item – upheld Orders Section 13(1)(a) – broadcast statement Section 16(1) – costs to the complainant $6,750 Section 16(4) – costs to…...

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

ComplaintMorning Report – item about industrial accidents in timber mill – interviewer questioned union representative aggressively while appearing cordial with owner’s representative – unfair Complaint News Item – later news item included owner’s view only – unbalanced FindingsPrinciple 4; Principle 5 and Guidelines 5b and 5c – interviewer’s approach to each spokesperson similar – no uphold News item at 7. 30am balanced by item within period of current interest at 8. 00am – no uphold This headnote does not form part of the decision. Summary [1] A recent industrial accident at a timber mill, and the company’s accident record, were dealt with in an item during Morning Report broadcast on National Radio at about 7. 25am on 17 April 2003. The item included interviews with representatives from the union and the company. The discussion was referred to in an item during the news bulletin broadcast at 7. 30am....