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ComplaintHolmes – bargain priced Persian rugs – false statements – implied discounts not genuine Findings(1) Standard G1 – no express or implied inaccuracy – no uphold (2) Standard G4 – no implication of fraudulent misrepresentation – no unfairness to complainant or its director – no uphold (3) Standard G6 – reasonable opportunity given for comment – no uphold This headnote does not form part of the decision. Summary An item on Holmes broadcast on TV One at 7pm on 22 November 1999 featured Persian rugs sold by SilkRoutes Artifacts and Carpets Ltd. It was reported that rugs sold by SilkRoutes were advertised as "massively discounted". Customer concerns about the value of the rugs were raised, in particular by the purchasers of a Qum rug. SilkRoutes, through its solicitor, complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate, unbalanced, inflammatory and unfair....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on legal aid lawyer Charl Hirschfeld’s resignation – stated that his “resignation comes within days of the Law Society launching an investigation into his legal aid work”, he “topped the legal aid rich list”, the LSA had “completed an investigation into payments to Mr Hirschfeld” and “in the last year Charl Hirschfeld netted $3. 2 million in legal aid money” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – Mr Hirschfeld’s arguments primarily issues of semantics – statements not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster treated Mr Hirschfeld fairly – 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 Wednesday 26 January 2011, reported on legal aid lawyer Charl Hirschfeld’s resignation....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on Christchurch homeowners living in the government’s red zone with regard to their replacement insurance policies – interviewed Tower Insurance customer who had been advised that his replacement insurance would cover the cost of repairing his damaged house but not its full replacement value – visited Tower’s head office – allegedly inaccurate and unfair FindingsStandard 6 (fairness) – Campbell Live exhausted all legitimate methods to obtain comment from Tower – Mr Campbell’s approach polite and non-confrontational – door-stepping used as a means of obtaining information and constructive comment – not unfair to Tower or the receptionist – reference to email a fair summary of its contents – overall Tower treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 This headnote does not form part of the decision....

ComplaintNational Radio – Eureka – interview with Lord Robert Winston – critical comments about genetic modification research of Dr Arpad Pusztai – comments on cloning and transgenics – presenter failed to challenge Lord Winston – inaccurate, unfair and unbalanced FindingsPrinciple 4 – period of current interest ongoing – range of views being broadcast – no uphold Principle 5 – Dr Pusztai not dealt with unfairly – no uphold Principle 6 – minority – decline to determine – majority – Lord Winston's legitimately held opinions – no uphold This headnote does not form part of the decision. Summary [1] The edition of Eureka broadcast on National Radio on Sunday 12 August 2001 at 2. 00pm, and on Monday 13 August 2001 at 7. 00pm, included an interview with Lord Robert Winston, who gave his views on how the media covers science and medicine....

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....

ComplaintHolmes Election Special; Prime Ministerial Debate – unbalanced – unfair to leader of opposition FindingsStandards 4 and 6 – live debate – robust discussion – similar allocation of time to present views – not unfair – not unbalanced – no uphold This headnote does not form part of the decision. Summary [1] A Holmes Election Special; Prime Ministerial Debate programme was broadcast on TV One at 7. 00pm on 22 July 2002. It featured Ms Helen Clark and Mr Bill English, the leaders of the two main political parties. It was a general election programme, broadcast live with a studio audience, and the leaders were questioned on their party policies. [2] Mr Hugh Webb complained to Television New Zealand Ltd, the broadcaster, that the programme was unbalanced and that Mr English was treated unfairly....

ComplaintHolmes – studio discussion about Police Education Child Protection Scheme – bullying tactics – unbalanced – biased FindingsStandards G3, G4 and G6 – interviewee given opportunity to voice concerns – dealt with fairly – issue not dealt with in unbalanced manner – no uphold Standard G13 – not relevant This headnote does not form part of the decision. Summary A studio discussion on the Holmes programme, broadcast on TV One at 7. 00pm on 14 November 2000, centred around the controversial Police Education Child Protection Scheme. The scheme encouraged schools to teach even their youngest pupils the names of intimate body parts, and aimed to assist children to talk unashamedly about issues such as unwanted touching. W T Lewis complained to Television New Zealand Ltd, the broadcaster, that the programme was "offensive and biased" because the presenter had "verbally bullied" one of the participants in the studio discussion....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989George FM – ran a competition to win $2,500 worth of travel – complainant qualified for entry into the competition but was not included in the final prize draw – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – complainant did not take part and was not referred to on the day of the prize draw so Standard 6 does not apply – unfortunate that a mistake was made but the broadcaster handled the situation appropriately – not upheld Standard 5 (accuracy) – not a news, current affairs or factual programme – not upheld This headnote does not form part of the decision. Broadcasts [1] Between 4 and 8 October 2010, George FM ran a competition with a chance to win $2,500 worth of travel....

Diane Musgrave declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item focused on woman who had married Scott Watson who is in prison serving a life sentence for two murders – touched on aspects of the trial and conviction of Watson – used brief sequences from documentary Murder on the Blade? produced by the complainant – allegedly presented aspects of trial and evidence inaccurately and complainant argued that he had been misinformed by TVNZ of the use to which the sequences were to be put. FindingsStandard 5 (accuracy) – some statements made in broadcast inaccurate – upheld Standard 6 (fairness) – complainant not referred to in programme – not upheld No OrderThis headnote does not form part of the decision....

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

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…...

ComplaintOne News – item reported Government to pay defence bill for depositions hearing of private prosecution of police officer charged with murder – featured as unusual event whereas complainant claimed that it was standard practice – not consistent with legal principles – unbalanced – inaccurate – unfair FindingsStandards 2, 4, 5, and 6 – news selection issue – not broadcasting standards matter – no uphold This headnote does not form part of the decision. Summary [1] The Government’s decision to pay the defence costs at the depositions hearing of the private prosecution of Constable Abbott for the murder of Stephen Wallace was reported as a "bolt from the blue" in an item on One News on Saturday 15 June 2002. One News is broadcast daily on TV One between 6. 00–7. 00pm....

Download a PDF of this interlocutory decision:Interlocutory Decision 1999-ID001–ID008 PDF185. 96 kB...

Download a PDF of Decision No. 1993-002:Helm and Television New Zealand Ltd - 1993-002 PDF321. 84 KB...

Summary[This summary does not form part of the decision. ]A Breakfast bulletin reported that Auckland's Okahu Bay would be closed to the public for one day due to a private event held by local iwi Ngāti Whātua Orākei. The Authority did not uphold the complaint that the item was inaccurate, unfair and encouraged discrimination by omitting the views of Ngāti Whātua and implying their actions were 'wrong'. It would have been preferable to include comment from Ngāti Whātua in the initial broadcast, and by failing to fully explain why Okahu Bay was closed, viewers could have been left with an ill-informed, negative view of Ngāti Whātua. However comment was included in later TVNZ broadcasts the same day which mitigated any potential unfairness. Nothing in the item encouraged the denigration of, or discrimination against, Ngāti Whātua and/or Māori....

Summary[This summary does not form part of the decision. ]A 3 News item reported on National Party candidate Mark Osborne's failure to name all bridges relevant to his campaign promise during the Northland by-election, to convert 10 bridges to two lanes. The Authority did not uphold a complaint that the editing of the item was unfair to Mr Osborne by creating the impression he was unable to name all 10 bridges. The item contained clear statements as to the number of bridges Mr Osborne could name and did not unfairly represent his state of knowledge. Further, the item was broadcast in the context of a robust by-election environment when politicians can expect a high level of scrutiny....

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ] An item on ONE News reported on concerns around a government-funded survey of health professionals and their views on voluntary euthanasia. It said that the survey was run by researchers who support assisted dying, and that it was alleged that the research was biased and flawed. The Authority did not uphold a complaint alleging that the item was unfair to the researchers involved and to the university through which the research was run, as well as inaccurate and unbalanced. Comment was sought from the university and the researchers, whose position was presented in the university’s response and fairly reported in the item....

Summary[This summary does not form part of the decision. ]In its Morning Report programme RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. The Authority declined to determine a complaint about this scheduling change, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards. Declined to Determine: Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] In its Morning Report programme, RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. [2] John Malcolm complained that this change ‘discriminate[d] against those of us in provincial [New Zealand] who need to be abreast of Māori and rural issues’, because rural New Zealanders listen to the radio at a much earlier time of day and will not necessarily be able to listen to the full Morning Report programme....