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Decisions
Cronin and CanWest TVWorks Ltd - 2004-140
2004-140

Due to Ms Morris’ membership of the Waitangi Tribunal, and participation in the Tribunal’s Inquiry into the Crown’s Foreshore and Seabed Policy in March 2004, the complainant and the broadcaster were consulted prior to consideration of this complaint by the Authority. Both agreed Ms Morris did not have a conflict of interest. Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – segment on the Foreshore and Seabed Bill entitled Your Shore, Our Shore – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – other perspectives acknowledged – wide media coverage of the issue – not upheld Standard 5 (accuracy) – misrepresentations of Court of Appeal decision and Foreshore and Seabed Bill – two aspects upheld Standard 6 (fairness) – subsumed under Standard 4Order Broadcast of statement This headnote does not form part of the decision....

Decisions
Ong Su-Wuen and Television New Zealand Ltd - 2004-151
2004-151

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item examined crash of Silkair 737 in which all passengers and crew were killed – official investigation said cause unknown – decision widely criticised – view expressed by father of co-pilot that pilot deliberately crashed the plane – other comments in support – father’s theory examined fully – item advised that Indonesian Government reopened investigation and then decided not to proceed – allegedly unbalancedFindingsStandard 4 (balance) – item omitted credible alternative theory – upheldNo Order This headnote does not form part of the decision. Broadcast [1] The crash of a Silkair 737 in Indonesia in 1998 was reviewed from the perspective of the father (Derek Ward) of the New Zealand co-pilot, who died in the crash, in an item broadcast on Sunday on TV One at 7. 30pm on 20 June 2004....

Decisions
Corin and Television New Zealand Ltd - 2004-169
2004-169

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – coverage of the Makara cemetery desecration – graphic beside the news presenter showed the internationally recognised anarchist symbol – inaccurate, unfair and unbalanced – complaint upheld by broadcaster – action taken allegedly insufficient Findings Action taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 6 August 2004 dealt with the desecration of Jewish graves in Wellington. [2] The graphic beside the news presenter during the introduction to this item showed the internationally recognised anarchist symbol. [3] There was no suggestion during the news broadcast, other than the graphic, that the anarchist movement was involved in this incident....

Decisions
Stone and Television New Zealand Ltd - 2004-210
2004-210

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – reference to President George W Bush “leading the free world” – allegedly unbalanced and unfairFindingsStandard 4 (balance) – no balancing comment required – not upheld Standard 6 (fairness) – not unfair to any persons taking part or referred to – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 22 October 2004 dealt with a back-dated pay rise which had been given to Members of Parliament in New Zealand. Towards the end of the segment, the reporter compared the salary of the Prime Minister of New Zealand with that of other world leaders, including President George W. Bush of the United States....

Decisions
Boom and Television New Zealand Ltd - 2004-215
2004-215

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item profiling the Destiny Church and its pastor – interviews with the pastor, former members of the Church, a university lecturer and the director of Cultwatch – allegedly unbalanced and unfair to the Destiny ChurchFindingsStandard 4 (balance) – sufficient opportunity given to the Church and its pastor to present its views on the controversial issues – not upheld Standard 6 (fairness) – Church given opportunity to respond to issues raised – not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Sunday shown on TV One at 7. 30pm on 3 October 2004 profiled the Destiny Church and its leader, Pastor Brian Tamaki. The segment gave background information about the church and its recent march to Parliament protesting the Civil Union Bill....

Decisions
Wilson and Radio New Zealand Ltd - 2003-090
2003-090

ComplaintNine to Noon – interview with Daniel Goldhagen author of book which suggested Catholic responsibility for the Holocaust – called for annotations to the New Testament – unbalanced – unfair FindingsPrinciple 4 and Principle 5 – author’s opinions challenged by interviewer – discrimination not encouraged – no uphold This headnote does not form part of the decision. Summary [1] Daniel Goldhagen, the author of a book which alleged Catholic complicity in the persecution of Jews during the Second World War, was interviewed on Nine to Noon. This programme is broadcast on National Radio between 9. 00am–12 noon each weekday. Mr Goldhagen called for annotations to the New Testament to mitigate the effect of those passages which he said were offensive to Jews. [2] Colin Wilson complained to Radio New Zealand Ltd, the broadcaster, that the item was unfair and unbalanced....

Decisions
Anderson and Television New Zealand Ltd - 2003-103
2003-103

ComplaintSunday – item about a dog attack on complainant’s daughter – interviewed two men who were the dog’s owners and who had pleaded guilty – questions raised about aspects of police case – unfair – unbalanced – inaccurate – dog owners' actions condoned FindingsStandard 2 and Guideline 2b – dog owners’ actions not condoned – no uphold Standard 4 and Guideline 4b – reasonable opportunities given to complainant to participate – no uphold Standard 5 and Guidelines 5d and 5e – two factual inaccuracies – park given incorrect name – upheld by TVNZ – colour of dog shown on police flyer not acknowledged as possibly incorrect – uphold – no other inaccuracies Standard 6 and Guidelines 6b, 6c and 6e – complainant advised TVNZ forcefully that he did not want to participate – late information included in item which created ambivalence but not put to complainant – not unfair in view of complainant’s stance…...

Decisions
Ngati Pukenga Iwi and Television New Zealand Ltd - 2003-109
2003-109

ComplaintHolmes – item regarding registration of Kopukairoa as wāhi tapu – examined the concerns of four landowners affected by the registration – unbalanced – inaccurate – unfair FindingsStandard 4 – failed to present range of views – unbalanced – uphold Standard 5 – factual inaccuracies – partial – uphold Standard 6 – Iwi dealt with unfairly – uphold OrderBroadcast of statementPublish statement in Bay of Plenty Times This headnote does not form part of the decision. Summary [1] The concern of four Pakeha landowners on Kopukairoa, because of the registration of the mountain in the Bay of Plenty as wāhi tapu, was dealt with in an item broadcast on Holmes at 7. 00pm on 18 November 2002. The item included interviews with the four landowners and Mr Toni Paraire who, it was said, represented the views of the local Māori who registered the wāhi tapu....

Decisions
Smith and 9 Others and The Radio Network Ltd - 2003-174–2003-183
2003-174–183

ComplaintNewstalk ZB – Paul Holmes Breakfast – derogatory comments about United Nations Secretary-General Kofi Annan – including reference to Mr Annan as “cheeky darkie” – racist – offensive – breach of law and order – unbalanced – unfair – inaccurate – broadcaster upheld complaints – breach of good taste and racist – apologies – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld; interview with Dr Brian Edwards about women in journalism – host’s references to female journalists – sexist Findings(1) Action taken on Principles 1 and 7 regarding comments about Mr Annan – action taken sufficient – no uphold (2) Principle 2 – appropriately considered under Principle 7 – no uphold Principle 4 – editorial opinion – not applicable – no uphold Principle 5 – appropriately considered under Principle 7 – no uphold Principle 6 – no inaccuracies – no uphold Principle 7 – comments about female journalists – threshold not…...

Decisions
Harrison and Radio New Zealand Ltd - 2002-002
2002-002

ComplaintNine to Noon – host read out email critical of Whanau series – host highlighted grammatical and typographical errors in email – breach of right of individuals to express own opinions – breach of requirement to deal justly and fairly with person referred to in programme – failure to show impartiality on question of a controversial nature FindingsPrinciple 4 – host presented email correspondent's point of view – no uphold Guideline 4a to Principle 4 – host presented correspondent's opinion – no uphold Principle 5 – correspondent not treated unjustly or unfairly – no upholdThis headnote does not form part of the decision. Summary [1] During the Nine to Noon programme broadcast on National Radio on 14 August 2001, the host read out a number of responses received from listeners via phone, fax or email....

Decisions
MacDonald and Accident Compensation Corporation and Television New Zealand Ltd - 2002-071, 2002-072
2002-071–072

ComplaintsHolmes – two items – sensitive information about two women found on second-hand computer hard drive – inaccuracies – unfair to ACC and to women – unbalanced – unnecessary intrusion into grief and distress of victims – significant errors of fact not corrected at earliest opportunity Findings (ACC complaint)(1) Standard G1 – inaccurate to refer to counsellor as part of ACC’s organisation – inaccurate to say women were referred to counsellor by ACC – uphold (2) Standard G4 – broadcasts unfairly framed ACC – uphold; breach in relation to the interviews with the women – uphold (3) Standard G6 and Standard G14 – selective editing of press release – items unbalanced – uphold Findings (MacDonald complaint)(1) Standard G4 – aspect upheld by broadcaster; breach in relation to the interviews with the women – uphold; broadcasts unfairly framed ACC – uphold (2) Standard G6 – item unbalanced – uphold Orders(1) Broadcast of statement(2) $12,500 reimbursement of reasonable…...

Decisions
Right to Life New Zealand Inc and The Radio Network Ltd - 2002-089
2002-089

ComplaintNewstalk ZB – doctor commented that human life begins at implantation, not conception – inaccurate – contrary to accepted medical practice – dangerous – undermined respect due to human embryo FindingsPrinciple 4 – not relevant Principle 5 – not relevant Principle 6 – well-informed opinion – no uphold Principle 8 – reminder This headnote does not form part of the decision. Summary [1] The Medical Training Co-ordinator of the New Zealand Family Planning Association commented on Newstalk ZB on 27 February 2002 at around 8. 30am along the lines that human life begins at the implantation of the human embryo into a woman’s womb and not at conception. [2] Right to Life New Zealand Inc. complained to The Radio Network Ltd, the broadcaster of Newstalk ZB, that the comments were inaccurate, contrary to accepted medical practice and dangerous....

Decisions
Fitchett and Television New Zealand Ltd - 2002-150
2002-150

ComplaintHolmes – interview with man about unproven sexual abuse when a child in the Order of St John of God – man paid $30,000 by Order on condition of confidentiality – unbalanced – unfair to Order FindingsStandards 4 and 6 – item made clear that the man’s views had been contested by Brother and there was no court case – Church spokesperson given reasonable opportunity to challenge his account – did not do so – man’s credibility left to viewer to assess – not unfair – not unbalanced – no uphold This headnote does not form part of the decision. Summary [1] "Patrick" was interviewed in an item on Holmes broadcast on TV One at 7. 00pm on 19 June 2002....

Decisions
James and Radio New Zealand Ltd - 2002-190
2002-190

ComplaintNine to Noon – listeners’ comments broadcast about Hormone Replacement Therapy – some suggested soy products as an alternative to HRT – unbalanced FindingsPrinciple 4 – observation in passing about range of views made known to the broadcaster did not support the use of soy – no uphold CommentComplainant need not have heard/viewed programme complained about before making complaint – complaint must comply with s. 6 of the Broadcasting Act – broadcaster must have process in place to deal with formal complaints This headnote does not form part of the decision. Summary [1] Hormone Replacement Therapy (HRT) was one of the matters discussed on Nine to Noon, presented by Linda Clark and broadcast on National Radio between 9. 00am and noon on 17 July 2002....

Decisions
James and Television New Zealand Ltd - 2002-208
2002-208

ComplaintTaste New Zealand – profiles of some food entrepreneurs included one on Ron Hubbard – did not refer to his membership of the Food and Nutritional Advisory Committee and that Committee’s attitude to soy – unbalanced FindingsSection 4(1)(d) – Standard 4 – item did not deal with controversial issue – standard not relevant – no uphold – advise that future marginal complaints may be considered vexatious and trivial This headnote does not form part of the decision. Summary [1] Taste New Zealand is an entertainment series about the food industry. The episode broadcast at 8. 00pm on TV One on 25 September 2002 presented some profiles about a number of successful food entrepreneurs. Ron Hubbard of Hubbard Foods Ltd was one of the entrepreneurs featured. [2] Richard James complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced....

Decisions
James and SKY Network Television Ltd - 2001-013
2001-013

Complaint"A Tale of Tofu" – National Geographic documentary – unbalanced coverage of controversial topic – inaccurate FindingsSection 4(1)(d) – item dealt with tofu’s cheapness, versatility and availability, not health issues – not controversial topic – no uphold This headnote does not form part of the decision. Summary "A Tale of Tofu" was broadcast by Sky Network Television Ltd on the National Geographic channel on 8 October 2000 at midday. It provided a cultural and historical overview of the role of tofu in Chinese life. Mr R F James complained to Sky Network Television that the broadcast was unbalanced because it presented tofu in a positive light, and failed to acknowledge that there was a significant body of evidence which showed that it was not healthy, and that it posed irreversible dangers to consumers....

Decisions
NZ Timber Preservation Council Inc and Television New Zealand Ltd - 2010-032
2010-032

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Is Your House Killing You? – featured family in Queensland – father had used a substantial amount of timber treated with Copper Chrome Arsenate (CCA) for landscaping and decking – programme stated that exposure to the chemicals in CCA-treated timber could cause serious health effects – allegedly in breach of controversial issues and accuracy standards FindingsStandard 5 (accuracy) – broadcaster made reasonable efforts by relying on scientific experts – mostly expert opinion – not upheld Standard 4 (controversial issues – viewpoints) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Is Your House Killing You? was broadcast on TV One at 8pm on Friday 11 December 2009....

Decisions
Young and Television New Zealand Ltd - 2009-001
2009-001

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – two days before General Election – item about 83-year-old skin cancer sufferer who had urgent operation cancelled three times – host explained that Minister of Health had refused to come on the show – programme included poll asking who should be next Prime Minister – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – story presented particular example, not a discussion of wider issue – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcast would not have misled viewers – not upheld Standard 6 (fairness) – complainant did not identify person or organisation treated unfairly – not upheld This headnote does not form part of the decision....

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
Grant and McIntyre and Television New Zealand Ltd - 2002-049, 2002-050
2002-049–50

ComplaintsOne News – Late Edition – same item – person with cholesterol level of 43 – described as walking time-bomb – healthy level said to be between 3 and 5 – controversial – unbalanced – inaccurate FindingsSection 4(1)(d) – not controversial issue – no uphold Standard G6 – not controversial issue – no uphold Standard G14 – comment in passing on healthy level – no uphold Standard G16 – comment encouraged concern but not unnecessarily alarmist – no uphold This headnote does not form part of the decision. Summary [1] A man with a high level of cholesterol was interviewed on One News, broadcast between 6. 00 and 7. 00pm on TV One on 28 December 2001. The item described the man with a level of 43 as a "walking time-bomb", and the "healthy" level was said to be "between three and five"....