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Attorney General of Samoa and Television New Zealand Ltd - 2009-066
2009-066

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Tagata Pasifika – reported on One News investigation into criminal gangs, drugs and weapon smuggling in Samoa – allegedly in breach of law and order, balance, accuracy and fairness standards Findings Standard 4 (balance) – items discussed controversial issue of public importance – only presented one perspective, that the situation in Samoa was extremely serious – viewers needed information about the gravity of the problem in a wider context and from other perspectives – upheld Standard 5 (accuracy) – reporter accurately reported what she was told by the “Makoi boys” but under the circumstances should have questioned their reliability and made efforts to corroborate what they said – complainant’s other concerns appropriately dealt with under balance – one aspect upheld Standard 6 (fairness) – “Makoi boys” did not understand the nature of the programme or their proposed contribution – upheld – programme…...

Decisions
Hastings District Council and TVWorks Ltd - 2009-088
2009-088

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item on girl gangs in Hawke’s Bay – interviewed current and former gang members – contained footage of four young teenage girls who were shown wearing gang-style clothing and spray-painting graffiti on a public basketball court – included a re-enactment involving two young girls breaking into a house – gang members shown drinking alcohol and talking about fighting – allegedly in breach of law and order, privacy, balance, accuracy, fairness and children’s interests standards Findings Standard 3 (privacy) – four young girls identifiable – disclosed private facts – children under 16 could not consent – item not in the best interests of the children – girl aged 16 agreed to participate on condition her identity would be secret – identities not sufficiently protected – disclosed private facts about the girls – highly offensive disclosure – upheld Standard…...

Decisions
Broughton and Rikys and Television New Zealand Ltd - 2009-104
2009-104

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host interviewed Professor of Māori history about 21 hui selecting a ‘Māori’ flag to be flown on Auckland Harbour Bridge on Waitangi Day – both host and interviewee commented that the process was a waste of time and money – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – item discussed controversial issue of public importance – One News item the previous evening presented alternative viewpoints which provided balance – not upheld Standard 7 (discrimination and denigration) – comments reinforced negative stereotypes but did not reach threshold necessary for encouraging denigration – not upheld Standard 5 (accuracy) – comments about Tino Rangatiratanga flag being one of division were clearly the host’s opinion – not upheld Standard 6 (fairness) – fairness to Māori dealt…...

Decisions
New Zealand Organisation for Rare Disorders and Television New Zealand Ltd - 2009-131
2009-131

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A, Breakfast, Close Up and One News – items discussed proposed mandatory fortification of bread with folic acid and whether there were health risks involved – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – programmes discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view across programmes within the period of current interest – not upheld Standard 5 (accuracy) – statements of fact were qualified – concerns adequately dealt with under Standard 4 – not upheld Standard 6 (fairness) – complainant did not nominate a person in original complaint who was treated unfairly – Minister was treated fairly – not upheld Standard 8 (responsible programming) – programmes presented range of views on a topical issue – would not have alarmed viewers – not upheld This…...

Decisions
McDonald and Radio New Zealand Ltd - 2009-164
2009-164

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – report on the future of superannuation payments in New Zealand – referred to “government superannuation” – allegedly inaccurate Findings Standard 5 (accuracy) – complaint trivial – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] A news item, broadcast on Radio New Zealand National News at 9am on Friday 30 October 2009, reported on the future of superannuation payments in New Zealand. The newsreader stated: The Retirement Commissioner says the country needs to consider the future of government superannuation, with Treasury warning that government debt could balloon to two trillion dollars by 2050....

Decisions
McDonald and Television New Zealand Ltd - 2008-035
2008-035

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Tonight – item looked at the government’s rule change on foreign investment and its impact on Auckland airport shares and the share market in general – allegedly inaccurate Findings Standard 5 (accuracy) – complaint vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on Tonight, broadcast on TV One at 10. 30pm on 4 March 2008, reported on the share market’s turbulence after the government announced a change to foreign ownership rules preventing the sale of a major stake of Auckland International Airport shares to a Canadian pension fund. The item included interviews with Prime Minister Helen Clark, National Party leader John Key, Auckland airport chairman Tony Frankham, Graeme Bevans from the Canadian pension fund and Bruce Sheppard from the New Zealand Shareholders Association....

Decisions
Eyeworks Touchdown Limited and CanWest TVWorks Ltd - 2007-009
2007-009

Complaint under section 8(1)(b) of the Broadcasting Act 1989Campbell Live – item reported that a Fijian island used by a New Zealand production company to film the television series Treasure Island, was being “trashed” – interviewed two men who had seen rubbish on the island – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no reasonable basis upon which to conclude that the rubbish was left by Treasure Island production – broadcaster has not provided any evidence to support claims made in the item – inaccurate – upheld Standard 6 (fairness) – unfair to production company – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision....

Decisions
Dodd and Television New Zealand Ltd - 2007-040
2007-040

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and TV One promos – use of the word “next” – allegedly inaccurate Findings Standard 5 (accuracy) – viewers would not have been misled by the use of the word “next” to indicate upcoming programmes – not upheld This headnote does not form part of the decision. Broadcast [1] Prior to a commercial break during One News, broadcast on TV One at approximately 6. 15pm on 9 March 2007, a banner at the bottom of the screen said “Next: Alzheimer’s Awareness” as the presenter briefly described an upcoming news item. [2] On the same evening at 6. 55pm, a TV One promo carried the words “Next: Antiques Roadshow”, and on 11 March 2007 at 6. 55pm a similar promo read “Next: Close Up”....

Decisions
Werry and Radio New Zealand Ltd - 2007-083
2007-083

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – item contained an interview with Philip Zimbardo – interview discussed theories about why apparently good people do bad things in certain situations – host made reference to New Zealand psychiatric institutions and the fact that patients had made accusations that staff had abused them – allegedly unbalanced, inaccurate and unfair The Authority’s DecisionPrinciple 4 (balance), Principle 5 (fairness), Principle 6 (accuracy) – complainant under a mistaken impression about the contents of the broadcast – complaint did not raise any issues of broadcasting standards – not upheldThis headnote does not form part of the decision. Broadcast [1] On 8 July 2007, Radio New Zealand National’s Sunday Morning with Chris Laidlaw programme held an extensive interview with psychologist Phillip Zimbardo, who had recently published his latest book "The Lucifer Effect"....

Decisions
Dewar and CanWest TVWorks Ltd - 2006-063
2006-063

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about the 20th anniversary of the Chernobyl disaster – said that it had killed “16,000, possibly double, even treble that” – complaint that figure was inaccurate – broadcaster upheld the complaint on the basis that there was dispute about the number of deaths and the item should have reported this – broadcaster discussed the issue with newsroom staff – complainant dissatisfied with reasons for upholding decision and action takenFindingsStandard 5 (accuracy) – CanWest’s reasons for upholding decision were incorrect – should have upheld the complaint on the basis that the figures in the report were inaccurate, not because the position was uncertain – upheldNo OrderThis headnote does not form part of the decision....

Decisions
Chisholm and Television New Zealand Ltd - 2009-141
2009-141

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South – presenter visited lighthouse on Dog Island – told story about lighthouse keeper who “apparently fell to his death” – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – factual programme – story was presented as gossip or an anecdote – prefaced with “apparently” and “it appears” – not material points of fact – not upheld Standard 6 (fairness) – fairness standard does not apply to deceased persons – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of South, a programme featuring presenter Marcus Lush exploring Southland, was broadcast on TV One at 7. 30pm on Sunday 16 August 2009. [2] Mr Lush was shown setting out on his journey, and travelling first to Dog Island off the bottom of the South Island....

Decisions
Pryde and Radio New Zealand Ltd - 2008-040
2008-040

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – Pacific correspondent updated situation in Fiji – allegedly unbalanced and inaccurate Findings Principle 4 (balance) – programme was not a discussion of a controversial issue – standard did not apply – not upheld Principle 6 (accuracy) – four inaccurate statements – upheld No Order This headnote does not form part of the decision. Broadcast [1] On 7 March 2008 on Radio New Zealand National, the host of the Nine to Noon programme interviewed Pacific correspondent Michael Field, who was asked to give an update on what had been happening in Fiji. Mr Field stated that the situation in Fiji was "progressively getting worse" and that Commodore Voreqe Bainimarama was showing "all the signs of true military dictatorship"....

Decisions
Marriott and Radio New Zealand Ltd - 2008-064
2008-064

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item concerning MAF’s approval of the importation by zoos of crocodiles and salt-water alligators – allegedly in breach of accuracy and social responsibility Findings Principle 6 (accuracy) and Principle 7 (social responsibility) – complainant mistaken as to the contents of the broadcast – not upheld This headnote does not form part of the decision. Broadcast [1] During the 7pm news bulletin on Radio New Zealand National on 24 April 2008, the following item was introduced: Crocodiles and alligators have been approved for import. The Ministry of Agriculture and Forestry has agreed to allow zoos to bring in Australian salt-water crocodiles and American alligators....

Decisions
Dunckley and TVWorks Ltd - 2008-079
2008-079

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the petition to overturn the removal of section 59 of the Crimes Act and whether a referendum on the issue should be held during the 2008 election – contained film clips of an adult lightly smacking a child’s bottom with an open hand – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – viewers would not have been misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News entitled “The Smacking Law Referendum” was broadcast on TV3 at 6pm on Tuesday 24 June 2008. It looked at a petition aimed at overturning the repeal of section 59 from the Crimes Act 1961 and, if the petition obtained the required number of signatures, whether a referendum on the issue should be included in the 2008 election....

Decisions
Johnston and Television New Zealand Ltd - 2007-025
2007-025

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed fashion designers Trelise Cooper and Tamsin Cooper, who were involved in a High Court case about their branding – reported that Tamsin Cooper's silk velvet coats, labelled as 100% silk, had been tested and the fabric was “not 100% silk, but mostly viscose” – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Tamsin Cooper – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on 3 December 2007 at 7. 30pm on TV One, discussed a High Court action involving fashion designers Trelise Cooper and Tamsin Cooper....

Decisions
Talaepa and The Radio Network Ltd - 2007-048
2007-048

Complaint under section 8(1)(b) of the Broadcasting Act 1989KFC Drive-by show – random prank phone call – host called the same number twice – sang a song and then suggested the man was rude for hanging up – allegedly in breach of law and order, social responsibility and fairness standards Findings Principle 2 (law and order) – no evidence that the host condoned criminal behaviour or encouraged criminal activity – not upheld Principle 5 (fairness) – unable to determine in the absence of a recording – decline to determine Principle 7 (social responsibility) – subsumed under Principle 2 This headnote does not form part of the decision. Broadcast [1] On the KFC Drive-by show between 3pm and 7pm on 27 April 2007, the host dialled a random telephone number from the phone book belonging to the “Johnson family”....

Decisions
Curran and Television New Zealand Ltd - 2007-052
2007-052

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on meeting between Gerry Adams and Ian Paisley – included Tony Blair talking about peace process – Irish Prime Minister Bertie Ahern not mentioned – item was followed by BBC report reviewing past conflict in Northern Ireland that stated the total number of deaths caused by the conflict – allegedly inaccurate. Findings Standard 5 (accuracy) – complaint raised matters of editorial judgment, not accuracy – 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 27 March 2007, reported on a meeting in Northern Ireland between the Unionist leader Reverend Ian Paisley and the President of Sinn Fein, Gerry Adams....

Decisions
RT and Television New Zealand Ltd - 2007-087
2007-087

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

Decisions
Price and Television New Zealand Ltd - 2007-093
2007-093

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a One News item "fundamentally misrepresented" the Electoral Finance Bill by saying, first, that "new rules for election spending will mean big donations to political parties' campaigns will no longer be kept secret", and second, that "other secret donors would also be outed – donations over $5000 would have to be declared”. The complainant said the Bill required no greater degree of disclosure of the amounts of donations and the identities of donors than the existing law. The Broadcaster’s ResponseTVNZ said the story was about third party activities at election time, rather than donations to political parties. As third parties would have to register with the Electoral Commission if they intended to spend more than $5,000 on an election campaign, their identity would no longer be secret....