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Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live talkback – complainant strongly criticised the host’s approach in an interview with Georgina te Heuheu MP – after some two minutes of uninterrupted comment, the host cut off caller and, while declining to identify her, said that she had her own agendas and that she shouldn’t ring because it wasn’t appropriate for her to call talkback – broadcaster’s approach allegedly unbalanced, unfair and inaccurateFindingsPrinciple 4 (balance) – complainant’s criticism of host and host’s criticism of complainant were not controversial issues of public importance - standard does not apply – not upheldPrinciple 5 (fairness) – host’s critical response to experienced caller’s criticisms in robust talkback environment not unfair – not upheldPrinciple 6 (accuracy) – standard does not apply as exchange was neither news nor current affairs – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – discussion between commentators about New Zealand’s change in government – one commentator recalled overhearing a conversation at Auckland Airport in which a man told some tourists that the former Prime Minister was a lesbian – allegedly in breach of good taste and decency, accuracy and discrimination and denigration Findings Standard 1 (good taste and decency) – comments were intended to be humorous and ironic – contextual factors – not upheld Standard 5 (accuracy) – programme not a news, current affairs or factual programme to which the accuracy standard applied – not upheld Standard 7 (discrimination and denigration) – comments related to an individual, not to a section of the community – not upheld This headnote does not form part of the decision....

Chair Joanne Morris declared a possible conflict of interest because of knowing one of the complainants and also as a member of the Waitangi Tribunal that was to hear the foreshore and seabed claims, so did not participate in the determination of these complaints....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Breakfast – item about Government surplus – phrase “slush fund” used in reference to Government surplus – allegedly inaccurate and inappropriate as it suggested corruption on part of the GovernmentFindings Standard 5 (accuracy) – in context phrase is accepted colloquial expression to describe discretionary funds – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Breakfast on TV One 26 May 2004 dealt with the issue of the Government surplus and the 2004 budget process. The reporter referred to the surplus as a “slush fund. ” Complaint [2] Mike Frawley complained to Television New Zealand Ltd, the broadcaster, regarding the use of the term “slush fund. ” Mr Frawley, citing the Shorter Oxford Dictionary, said that the term “slush fund” raised perceptions of “bribery or illicit political activities....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

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…...

ComplaintOne Late Edition – news item regarding school students suspended for possession of cannabis – interview with Executive Director of WellTrust – discussed drug use by children – unbalanced – inaccurate – misleading Findings Standard 4 – period of current interest ongoing – no uphold Standard 5 – mixture of fact and opinion – no uphold Standard 6 – not relevant – no uphold This headnote does not form part of the decision Summary [1] An item about school students who were suspended for possessing bags of cannabis was broadcast on One Late Edition, shown on TV One at 10. 35pm on 22 November 2002. The item included a live interview with the Executive Director of WellTrust (Pauline Gardiner), a Wellington drug education organisation, about drug use by children....

Complaint One News – war in Iraq – weapons of mass destruction described as cause of the war – inaccurate FindingsStandard 5 – expression of opinion – no uphold This headnote does not form part of the decision. Summary [1] Weapons of mass destruction were described as the "whole cause" of the war in Iraq in a news item reporting on the day’s events in Basra, broadcast on One News at 6. 00pm on 8 April 2003. [2] Bill Leonard complained to Television New Zealand Limited, the broadcaster, that the statement was inaccurate and should have been introduced with the words, "The US claims that …". [3] In response, TVNZ contended that the true causes of any war required an historical perspective. It also argued that the reporter advanced the claim with some scepticism....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Renters – item showing dispute between tenant and rental agent – allegedly in breach of privacy, also unbalanced, inaccurate and unfairFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 5 (accuracy) – subsumed under Standard 6 Standard 6 (fairness) – not unfair – not upheld. This headnote does not form part of the decision. Broadcast [1] An item on Renters on TV2 at 8pm on 17 February 2005 showed an altercation between a tenant and a rental agent. The tenant argued with the agent about a sign in the downstairs window which had led to prospective tenants pestering him in the upstairs flat....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – viewers’ poll questioning whether the New Zealand Government should have apologised to India for Paul Henry’s controversial remarks – included edited footage from a debate on an Indian television network – allegedly in breach of controversial issues and accuracy standards FindingsStandard 4 (controversial issues) – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – editing of the Indian programme was not misleading – excerpt included comments both for and against Mr Henry – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Close Up, broadcast on TV One at 7. 30pm on 8 October 2010, included a poll asking viewers whether they agreed with the New Zealand Government’s apology over Breakfast presenter Paul Henry’s recent controversial remarks....

ComplaintNewstalk ZB – Paul Holmes Breakfast – Advertising Standards Complaints Board upheld a complaint about a Levi jeans advertisement – host critical of what he regarded as religious bigotry – socially irresponsible – unbalanced – inaccurate FindingsPrinciple 4 – not applicable – no uphold Principle 6 – not applicable – no uphold Principle 7 – satire – no uphold This headnote does not form part of the decision. Summary [1] Paul Holmes, as the host of Paul Holmes Breakfast on Newstalk ZB, was highly critical of religious bigotry which, he contended, was the motivation for some people to complain about a television advertisement for Levi jeans. He expressed the view, by way of comment, in a broadcast shortly before 8. 00am on 27 August 2003. [2] Ross Craig complained to The Radio Network Ltd, the broadcaster, that the comments lacked balance, fairness and accuracy....

ComplaintRadio Pacific – only part of letter from complainant to talkback host read on air – devious and unfair FindingsPrinciple 4 and guideline a – complainant’s views advanced – no uphold Principle 5 and guideline b – editing did not involve distortion – no uphold Principle 6 and guideline a – no deceptive practice used – no uphold This headnote does not form part of the decision. Summary [1] During a discussion of the terrorist attack in New York City on 11 September 2001, a host of the talkback station, Radio Pacific, was said to have stated on a number of occasions that Osama bin Laden had nuclear weapons and that New Zealand was a likely target. Mark Madigan wrote to the host disputing this claim. He provided sources for his view that, even if bin Laden had nuclear weapons, he would not be able to use them....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the findings of an investigation into the actions of the Government Communications Security Bureau, and the Government’s proposed response to those findings – allegedly in breach of accuracy standardFindingsStandard 5 (accuracy) – this was a straightforward news report on the findings of an investigation into the legality of the agency’s actions – key finding was that the governing legislation was ambiguous and so arguably the agency did not breach it – reported that the Government’s proposed response was to amend the legislation to clarify ambiguity – item did not analyse or discuss the intentions of the governing legislation – reporter’s comments were accurate in context and would not have misled viewers – not upheld This headnote does not form part of the decision....

ComplaintDateline – inaccurate – lacked balance – inadequately researchedFindingsStandard G1 – legitimate to report on research in progress – no uphold Standard G6 – balance achieved in period of current interest – no uphold Standard G15 – not relevant This headnote does not form part of the decision. Summary "Safe and natural" plant estrogens were said to offer relief for symptoms of menopause according to an item on Dateline broadcast on TV3 on 26 April 2000 between 9. 30–10. 30pm. Richard James complained to TV3 Network Services Ltd, the broadcaster, that the programme contained inaccuracies and was unbalanced. He argued that taking plant estrogens was likely to expose women to unacceptable health risks. TV3’s initial response was an informal one. Addressing the points raised by Mr James, it maintained that the programme was not irresponsible, unbalanced or untrue....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – 4 June report on New Zealander and Viva Palestina aid worker Nicola Enchmarch’s reaction to being caught up in an Israeli commando raid on a flotilla off Gaza – 5 June report on New Zealand protest marchers demonstrating against the raid – both items allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 2 (law and order) – items did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – items provided a New Zealand perspective on the raid – reports did not amount to a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6…...

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the appointment of Vienna Richards as Niu FM’s news editor – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item discussed a controversial issue of public importance – focus of the item was the appointment and the perception it had created – Ms Moore’s comments were sufficient to answer the reporter’s questions – reporter did not need to interview Ms Richards or detail her experience in journalism – not upheld Standard 5 (accuracy) – item did not misled viewers by omitting information – not upheld Standard 6 (fairness) – complainant treated fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Bank Young Farmer Contest – included among a series of questions to the contestants was “The Queen of England’s husband is the Duke of…? ” – answer “Edinburgh” – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint similar to past complaints – in view of comments in earlier decisions, on this occasion decline to determine as trivial This headnote does not form part of the decision. Broadcast [1] The National Bank Young Farmer Contest, screened at 9. 40pm on TV One on 8 July 2006, included a number of “quick fire” quiz questions put to the contestants. One question asked “The Queen of England’s husband is the Duke of…? ” The answer was given as “Edinburgh”. Complaint [2] Archie Lowes complained to Television New Zealand Ltd, the broadcaster, that the answer, the Duke of Edinburgh, was inaccurate....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – “Troubled Waters” – boating accident involving fishing expert Wayne Wills aka “Bill Hohepa” – allegedly unbalanced, inaccurate and unfair as item suggested that Maritime Safety Authority had relentlessly and unjustifiably pursued, and continued to pursue, Mr WillsFindings Standard 4 (balance) – reasonable efforts made to present significant points of view – not upheld Standard 5 (accuracy) – item contained one inaccuracy – upheld Standard 6 (fairness) – Mr Wills’ view was not unfair to the MSA – not upheld No OrderThis headnote does not form part of the decision. Broadcast [1] The consequences of a boating incident in 1996 involving the fishing expert Wayne Wills, better known and referred to in the programme as “Bill Hohepa”, in which one person drowned, was dealt with in an item broadcast on TV3 in 60 Minutes on 8 December 2003....