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Decisions
Benge and NZME Radio Ltd - 2022-013 (11 April 2022)
2022-013

The Authority has not upheld a complaint about an interview on talkback radio show, Kerre McIvor Mornings, in which host Kerre McIvor criticised a caller for their position on the Government’s COVID-19 response saying ‘I want to be angry with you, but I just feel sorry for you, that you need a government to look after you. You sad pathetic creature. ’ The Authority found the caller was given a fair and reasonable opportunity to put forward their views, and McIvor’s comments, while seen as disrespectful by some listeners, did not reach the level necessary to constitute unfair treatment. The balance standard did not apply. Not Upheld: Fairness, Balance...

Decisions
Bott and Discovery NZ Ltd - 2024-047 (14 October 2024)
2024-047

The Authority has not upheld a complaint about an item on Newshub Live at 6pm reporting on an instance of alleged illegal fishing in a marine reserve. The introduction stated, ‘A dive company owner has described [the fishing] as a “blatant and reckless raiding party”. Video posted on social media appears to show the men at the Poor Knights Islands [which has] been protected for decades…’ Clips of the video were shown in the item, with the individuals’ faces blurred. The complaint was that the story was ‘ill informed’ and had caused ‘a lot of harm’ to the individuals involved and their families, including death threats....

Decisions
Lewis and Television New Zealand Ltd - 2007-109
2007-109

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintJason Lewis complained that an episode of Coastwatch breached his privacy and was unfair. The item showed him being issued with a $250 fine for having five undersized paua in his catch, two years after he was filmed. The complainant said he had not known he was being filmed for television, and that showing the incident two years after it happened was unfair, particularly as the fine had been waived a week after it was issued. The Broadcaster's ResponseTVNZ said the programme had not broadcast any private facts about the complainant, who had been filmed in a public place. Although his fine was subsequently rescinded, the fact remained that he had been caught in possession of undersized paua, and this was still on his record at the Ministry of Fisheries....

Decisions
Golden and Radio New Zealand Ltd - 2006-130
2006-130

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – discussion about taxi safety – referred to taxi drivers as “cabbies” – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair FindingsPrinciple 1 (good taste and decency) – “cabbies” not pejorative – not upheld Principle 4 (balance) – broadcaster not required to present views of non-Taxi Federation companies – not upheld Principle 5 (fairness) – did not imply that non-Taxi Federation members were at the “bottom end” of the industry – not unfair – not upheld Principle 6 (accuracy) – programme was ambiguous as to whether Taxi Federation represented all companies – not inaccurate – not upheld This headnote does not form part of the decision....

Decisions
Rohrbeck and Discovery NZ Ltd - 2022-092 (5 October 2022)
2022-092

The Authority has not upheld a complaint regarding an item on The Project discussing whether nurses who were not vaccinated against COVID-19 should return to the workforce given staff shortages. The complainant stated the broadcast breached the offensive and disturbing content standard, as well as other standards, as it encouraged division in Aotearoa New Zealand and the presenters’ comments were ‘uncalled for and unfair’. The Authority found the comments reflected the presenters’ opinions and were unlikely to cause widespread disproportionate offence or distress or otherwise undermine widely shared community standards. The remaining standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Accuracy, Fairness...

Decisions
Wilson and NZME Radio Ltd - 2023-045 (30 August 2023)
2023-045

A news bulletin on Newstalk ZB reported on the upcoming speaking tour of New Zealand by Posie Parker. The complainant considered the item’s portrayal of Parker (including through its tone and description of Parker as an ‘anti-trans rights activist’ and a ‘trans-exclusionary speaker’ rather than a ‘women’s rights campaigner’) was in breach of the balance, fairness, accuracy and discrimination and denigration broadcasting standards. The Authority found the balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ a controversial issue of public importance and, in any event, listeners would have been aware of alternative viewpoints. The Authority also found, given Parker’s views, the descriptions ‘anti-trans rights activist’ and ‘trans-exclusionary speaker’ were fair and accurate. The discrimination and denigration standard did not apply. Not Upheld: Balance, Fairness, Discrimination and Denigration, Accuracy...

Decisions
Stranaghan and NZME Radio Ltd - 2021-041 (21 July 2021)
2021-041

The Authority has not upheld a complaint about a broadcast on the criticism faced by London Police following their actions in stopping a vigil for murdered woman Sarah Everard, as participants were not abiding by the COVID-19 restrictions in place at the time. The Authority found the item was not unfair to the London Police Chief or the London Police. It did not actively encourage non-compliance or seriously undermine law and order. The balance standard was not applicable as the item did not amount to a ‘discussion’. Not Upheld: Fairness, Law and Order, Balance...

Decisions
Yuan and Discovery NZ Limited - 2022-044 (18 May 2022)
2022-044

The Authority did not uphold a complaint that a Newshub Live at 6pm report into the crash of China Eastern Flight MU5735 breached the accuracy, fairness, and discrimination and denigration standards. The complaint was in relation to speculation the crash might have been due to a deliberate act from the cockpit. The Authority acknowledged, while the discussion on the recently occurring tragedy may have been distressing to some viewers, the words were clearly stated as commentary, analysis and opinion, rather than fact, and therefore the accuracy standard did not apply. No discrimination or denigration was found, and the fairness standard did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration...

Decisions
Peapell and Television New Zealand Ltd - 2007-090
2007-090

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Decisions
Mental Health Commission and CanWest RadioWorks Ltd - 2006-030
2006-030

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – Devlin Live – comments by host about proposal to open a house for psychiatric patients in a Wellington suburb without telling residents – criticised the Mental Health Commission – said decision was “as loco and loopy as the people they’re trying to place in the community” – allegedly in breach of good taste and decency, unbalanced, inaccurate, unfair, and in breach of social responsibilityFindingsPrinciple 1 (good taste and decency) – subsumed under Principles 5 and 7Principle 4 (balance) – subsumed under Principles 5, 6 and 7Principle 5 (fairness) – unfairly criticised Mental Health Commission for a decision it did not make – not unfair to mental health patients – would not have caused panic or alarm – one aspect upheldPrinciple 6 (accuracy) – accuracy standard applied to talkback host’s remarks – inaccurately attributed responsibility for acute facility to…...

Decisions
Tashkoff and Television New Zealand Ltd - 2009-095
2009-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Illegal New Zealand – episode looked at the illegal trading of guns in New Zealand – reporter used hidden camera to record footage at a gun show in Auckland – footage included conversation between the undercover reporter and complainant – complainant’s face not pixellated – allegedly in breach of privacy, controversial issues and fairness standards Findings Standard 6 (fairness) – unfairly presented complainant in a negative light – upheld Standard 3 (privacy) – complainant had no interest in solitude or seclusion – not upheld Standard 4 (controversial issues viewpoints) – programme did not discuss a controversial issue of public importance – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of Illegal New Zealand was broadcast on TV2 at 8pm on Thursday 9 July 2009....

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
Golden and Radio New Zealand Ltd - 2004-124
2004-124

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Late Edition – item about 35th anniversary of moon landing – in referring to moon landing as matter of historical fact broadcast allegedly inaccurate, unbalanced and unfair as fact of moon landing not universally accepted Findings Moon landing has status as historical fact – RNZ entitled to refer to it as fact – declined to determine pursuant to section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Late Edition, broadcast on National Radio on 21 July 2004, contained an item regarding the 35th anniversary of the first moon landing. The item was introduced as follows: 35 years ago this week NASA astronauts Neil Armstrong and Buzz Aldrin landed Apollo II on the surface of the moon....

Decisions
Kingdom Residential Housing Ltd and The Radio Network Ltd - 2003-004
2003-004

Complaint Newstalk ZB – Discussion about leaky building syndrome – caller "Graham" referred to two leaking problems with his new home in Newlands – complainant developer in Newlands – only one leaky building problem – "Graham" an employee of TRN – unfair Findings Principle 5 – complainant neither identified nor identifiable – not referred to – no uphold This headnote does not form part of the decision. Summary [1] The leaky building syndrome was one of the topics discussed on Newstalk ZB broadcast in Wellington on the morning of 18 September 2002. A caller "Graham" described leaky building problems with his bathroom and his deck in his new home in a development in the Wellington suburb of Newlands. [2] Kingdom Residential Housing Ltd, through its solicitors, complained to The Radio Network Ltd, the broadcaster, that the item was unfair....

Decisions
Hamlett and RadioWorks Ltd - 2011-049
2011-049

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Live News and The Breeze News – news bulletins reported on incident in which a British woman was bitten by a lion cub at Paradise Valley Springs – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – statements accurate, or amounted to analysis comment or opinion under guideline 5a – news items not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant was given a fair opportunity to comment on the incident – complainant and Paradise Valley Springs treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A number of news bulletins, broadcast on Radio Live News and The Breeze News on the morning of Monday 13 December 2010, reported on an incident in which a British woman was bitten by a lion cub at Paradise Valley Springs in Rotorua....

Decisions
Wells and The Radio Network Ltd - 2001-022
2001-022

ComplaintZG FM Gisborne – offensive language – "eff–off" – "piss off" – reference to complainant on air FindingsPrinciples 1 and 7 – in context – no uphold Principle 5 – reference ambiguous – no uphold CommentBroadcaster’s complaints procedure and process for recording programmes unsatisfactory This headnote does not form part of the decision. Summary During the morning programme on 22 September 2000, an announcer on Gisborne’s ZG FM said "eff-off". On 20 October he said that by playing a certain song, he would "piss off" some colleagues. After a listener called the station to complain about his language, the announcer made reference to her complaint on 25 October, saying "I can’t say ‘piss off’ or Mrs Pascall will get hacked off about it....

Decisions
Higgins and Television New Zealand Ltd - 2023-002 (12 April 2023)
2023-002

The Authority did not uphold a complaint a reference to ‘Māori currently waiting 12 months longer than others for surgery’ in the introduction of a 1 News item breached the accuracy, discrimination and denigration, and fairness standards. The Authority accepted the reference was inaccurate, as it should have said ‘Māori were more likely than others to be waiting 12 months for surgery’ (not waiting 12 months longer). However, the Authority found the inaccuracy was not material, given the item’s focus on the pressures on the health system, potential negative outcomes of long waiting times, and the Planned Care Taskforce’s recommendations to reduce waiting times. In this context, the brief reference to Māori wait times in the introduction was unlikely to significantly affect viewers’ understanding of the item as a whole. The discrimination and denigration and fairness standards did not apply. Not Upheld: Accuracy, Discrimination and Denigration, Fairness...

Decisions
Jennings and Discovery NZ Ltd - 2023-019 (14 June 2023)
2023-019

The Authority has not upheld a complaint an item on Newshub Live at 6pm, reporting on a draft report by the Ministry for Primary Industries | Manatū Ahu Matua proposing to ban many events in the sport of rodeo, was unbalanced and unfair. While the complainant was concerned the item lacked ‘pro‑rodeo’ perspectives, the Authority found the item made reasonable efforts to present significant points of view in the item, noting audiences can be expected to be aware of pro-rodeo perspectives as part of ongoing media coverage. The fairness standard was not breached in respect of the New Zealand Rodeo Cowboys Association (who were provided an opportunity to comment and were not otherwise treated unfairly) and did not apply in respect of other individuals or organisations named by the complainant given they were not referred to in the broadcast, as required by the standard. Not Upheld: Balance, Fairness...

Decisions
Owen & Healing and Television New Zealand Ltd - 2023-037 (9 August 2023)
2023-037

The Authority has not upheld complaints an item on 1 News reporting on Immigration New Zealand’s decision to review Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand breached broadcasting standards. The complainants were concerned with: the report’s description of Parker as ‘anti-trans’ and of neo-Nazis ‘supporting’ Parker; the lack of interviewees supporting Parker in the reports; and the unfair treatment of Parker. The Authority found the items were sufficiently balanced by significant perspectives included both within the broadcast and in other coverage within the period of current interest; any criticism of Parker did not exceed the robust scrutiny expected of public figures; and it did not breach standards to describe Parker as ‘anti‑trans’ (given her views) or to state that neo-Nazis ‘supported’ her at a previous rally. Not Upheld: Balance, Accuracy, Fairness, Discrimination and Denigration...

Decisions
Solanki and Discovery NZ Ltd - 2023-063 (18 October 2023)
2023-063

The Authority has not upheld a complaint a discussion between the hosts of AM and an interview with Prime Minister Chris Hipkins breached multiple standards for including statements from the hosts questioning the usefulness and purpose of Government inquiries into various sectors. The Authority found the balance and fairness standards were not breached as the interview with Hipkins provided an alternative viewpoint, and allowed Hipkins to comment on the Government’s reasoning for the inquiry. The accuracy standard did not apply, as the comments were analysis, commentary and opinion, and the discrimination and denigration, and offensive and disturbing content standards either were not breached or did not apply. Not Upheld: Balance, Accuracy, Fairness, Offensive and Disturbing Content, Discrimination and Denigration...

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