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Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item revisited a previous report that was critical of a real estate contract between Ms K and the National Property Centre – revisited a number of issues from the original item including the actions of the agent involved in drawing up the contract, some of the contract’s terms and conditions, another contract between related parties for renovation work and two caveats that had been placed on the property – item allegedly in breach of privacy, balance, accuracy and fairness standards Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not specify how the item was inaccurate – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about suburban brothels – showed hidden camera footage taken inside travel agency – reporter was shown asking teller about sending money back to China and “hiding the money” without any trace – teller agreed that she could do this – allegedly unbalanced, inaccurate, unfair and a breach of privacy FindingsStandard 3 (privacy) – companies have no right to privacy – teller had no interest in solitude or seclusion at place of employment – not upheld Standard 4 (balance) – subsumed under Standard 6 Standard 5 (accuracy) – item not misleading or inaccurate – hidden camera footage portrayed actual events – not upheld Standard 6 (fairness) – teller not treated unfairly – An Ying “referred to” but not identifiable, therefore broadcaster not required to give an opportunity to comment – use of hidden camera not unfair – not upheld This headnote does not form…...

The Authority has not upheld complaints about three broadcasts concerning Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand for her ‘Let Women Speak’ events. The complainant was concerned the broadcasts were unfair towards Parker, homosexual people (by grouping them with transgender people) and women, and that the broadcasts misrepresented Parker and the Let Women Speak events. The Authority declined to determine aspects of the complaints, given similar findings in recent decisions, and otherwise found the broadcasts did not breach the applicable broadcasting standards. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness; Declined to Determine: Discrimination and Denigration, Balance, Accuracy, Fairness (section 11(b) of the Broadcasting Act 1989 – in all of the circumstances)...

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 complaints an item on Sunday breached the accuracy, balance, fairness, and discrimination and denigration standards. The broadcast featured a 30 minute report on Aotearoa New Zealand’s medical staffing shortages, and explored whether this issue could be alleviated by the migration of medical staff from the USA, particularly those dissatisfied with the Supreme Court’s recent overturning of Roe v Wade. The complainants considered the broadcast unbalanced, favouring a ‘pro-choice’ perspective....

The Authority has not upheld complaints that comments made during Early Edition with Kate Hawkesby allegedly downplayed the severity of ex-Tropical Cyclone Gabrielle and associated warnings and safety measures, in breach of several broadcasting standards. The broadcast occurred during the early stages of ex-Tropical Cyclone Gabrielle, and featured Hawkesby and Mike Hosking remarking, among other things, that people ‘love the panic’, had become ‘soft’ and there was no reason for ‘this level of hysteria’. The Authority considered the comments were dismissive of the weather event and insensitive to those already suffering the consequences of Gabrielle....

The Authority has not upheld a complaint that an item on Newshub Nation about the New Conservative Party breached broadcasting standards. The Authority found that the New Conservative Party was not a recognised section of the community for the purposes of the discrimination and denigration standard, and that the accuracy standard did not apply as the complaint concerned matters of analysis and opinion rather than statements of fact. The Authority also found that the New Conservative Party and Party members were not treated unfairly, noting that the scrutiny of political parties is a vital component of freedom of expression, and is of particular importance in the lead-up to a general election. Not Upheld: Fairness, Accuracy, Discrimination and Denigration...

The Authority has not upheld a complaint from the New Zealand Forest Owners Association regarding a two-part investigation into the impact of carbon farming and the Emissions Trading Scheme on rural communities, particularly around the East Coast. The items examined the shift from sheep, beef and dairy farming to forestry, particularly carbon farming, and interviewed locals as to their perspectives on the impact of this. The Authority found the period of interest relating to the issue discussed in the items was ongoing, and that balance was achieved with significant viewpoints presented in other coverage as well as within the pieces. The Authority also found they were not inaccurate as the broadcaster made reasonable efforts to ensure the accuracy of material points of fact. Other inaccuracies raised were not material, or were technical, unimportant points unlikely to mislead viewers. Not Upheld: Balance, Accuracy...

The Authority1 has not upheld a complaint under the balance and accuracy standards relating to an interview on Breakfast about Government plans to reverse a ban on live exports. The complainant argued live export footage used in the segment contributed to a lack of balance, was misleading and would lead viewers to believe it depicted New Zealand cattle in distress. The balance standard was not breached given the interview was signalled as approaching the issue from a particular perspective, the audience could be expected to be aware of other viewpoints from other media, and the host had challenged the interviewee and referenced Government policy. The Authority found viewers were unlikely to assume the footage depicted New Zealand cattle and, in any event, if it had misled viewers on that point, it was not materially misleading because it would not significantly affect the audience’s understanding of the programme....

The Authority has not upheld a complaint alleging an RNZ National news bulletin addressing airstrikes in Lebanon breached the balance, accuracy and fairness standards, including by failing to provide context for the airstrikes. The Authority found the broadcast was a simple report on events rather than a ‘discussion’ of issues to which the balance standard might apply. It found listeners were unlikely to get a misleading impression of events from the report and the fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

A complaint that Malcolm Brenner was treated unfairly when interviewed for a segment on Dom, Meg and Randell about his previous sexual relationship with a dolphin has been upheld. MediaWorks interviewed Mr Brenner about his relationship with a dolphin but ultimately decided not to broadcast the interview in full. They did however broadcast a small segment of the interview in which one of the hosts called Mr Brenner ‘sick’ and stormed out of the interview. The Authority found that Mr Brenner was treated unfairly and was not adequately informed about the nature of his participation in the broadcast. In particular, he was misled into thinking a four minute version of the interview would be broadcast (rather than only the brief segment including the host’s reaction to him), when the final broadcast had already occurred....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that the use of the term ‘disputed’ in a Newshub item, to describe the land the United States (US) Embassy sits on in East Jerusalem, breached the accuracy standard. The broadcast covered a recent protest in Gaza over the opening of the US Embassy in Jerusalem and the US calling Jerusalem the capital of Israel. The Authority noted that the accuracy standard requires only that the broadcaster make ‘reasonable efforts’ to ensure the accuracy of the broadcast. In this case, the reporter used the term ‘disputed’ in the ordinary sense of the word, to identify the US Embassy’s location, which is the subject of dispute between Palestine and Israel....

ComplaintOne News – news bulletins about Middle East conflict – inaccurate descriptions of geography – Jerusalem, Gaza Strip and West Bank are Occupied Territory – Old City of Jerusalem not "The Contested City" as asserted in caption Appeal and Judicial Review sought by TVNZ against original findings (see Decision 2001-014) to uphold the complaint that, by reference to TVNZ’s Journalists’ Manual, "the Occupied Territories" is the correct term – no order Appeal dismissed Judicial ReviewConsent order – matter remitted back to the Authority Findings on ReconsiderationStandard G14 – majority – caption "The Contested City" sufficient given item’s focus on peace talks and freedom of expression in Bill of Rights – minority – caption inaccurate – of material importance – freedom of expression does not apply to material inaccuracy – overall – no uphold This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on a study into the effects of 1080 poison on native robins – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 4 (controversial issues) – the use of 1080 as a method for pest control in New Zealand is a controversial issue of public importance – use of 1080 has been the subject of ongoing debate and the item contributed a new development in the debate – viewers could reasonably be expected to be aware of arguments on both sides of the debate – significant viewpoints were presented in the programme to an extent that was appropriate given the nature of the issue – not upheld Standard 5 (accuracy) – alleged inaccurate headlines did not form part of television broadcast so outside our jurisdiction – reporter’s statements were not material to the focus of…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – host and panellists discussed coroner’s recommendation – panellist criticised recommendation and stated, “for god’s sake, somebody drown that coroner” – panellist’s comment allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 1 (good taste and decency), Standard 2 (law and order), Standard 5 (accuracy), Standard 6 (fairness), and Standard 7 (discrimination and denigration) – panellist’s comment was a flippant remark used to express his criticism of the coroner’s recommendation – was not intended to be taken literally or as a serious encouragement to commit unlawful acts – comment aimed at coroner in his professional capacity and so was not unfair to him – coroners not a section of the community – comment was opinion and not a factual statement to which standard 5 applied – not…...

Summary [This summary does not form part of the decision. ] The 3 News political editor reported on proposed legislative changes to pay rises for Members of Parliament. The Authority did not uphold the complaint that the item was unbalanced and inaccurate in that the editor 'presented. . . opinion as fact' and used 'highly emotive language'. The report provided sufficient balance, and the statements complained of were clearly the editor's opinion and analysis rather than statements of fact to which the accuracy standard applied. Not Upheld: Controversial Issues, Accuracy Introduction [1] The 3 News political editor reported on proposed legislative changes to pay rises for Members of Parliament. The item contained some analysis from the editor, excerpts of a press conference given by Prime Pat John Key and graphics depicting how the law change would affect MPs' pay....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the National Party’s proposed asset sales policy – stated that the Government had refused to release information under the Official Information Act and that a complaint to the Ombudsman revealed that the Government had very little official advice regarding its claim about limiting foreign ownership – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – item highlighted that the Government received limited official advice on limiting foreign ownership and questioned its decision not to release further information about that aspect of the policy – was not overly critical of the Government – high value speech – included comment from Prime Minister John Key – item was not inaccurate or misleading – not upheld This headnote does not form part of the decision....

ComplaintOur World: Clever Dicks – Part 2 – clever creatures shown – image of kea in AMI Insurance advertisement included – kea prising tail light from vehicles – inaccurate representation of kea FindingsStandard G1 – image not a point of fact – no uphold This headnote does not form part of the decision. Summary Our World: Clever Dicks – Part 2, broadcast on TV One at 8. 05pm on 17 March 2001, included footage of New Zealand’s kea rapidly completing a series of tasks which, on the face of it, seemed to require a certain amount of reasoning to accomplish. An image of kea prising the tail lights from vehicles, drawn from an advertisement for AMI Insurance, was also included. Roger Conroy complained to Television New Zealand Ltd, the broadcaster, that the programme featuring the advertisement was inaccurate when it showed kea prising the tail lights out of vehicles....