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Decisions
Powell and Television New Zealand Ltd - 2002-153
2002-153

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....

Decisions
Mahon and Wolf and Television New Zealand Ltd - 2010-126
2010-126

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Decisions
Faidley and Television New Zealand Ltd - 2013-052
2013-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that 65 police officers failed their Physical Competency Test because they were unfit – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 5 (accuracy) – reported figure of 65 unfit officers came from police and was not intended to reflect the proportion of officers who failed their PCT – lack of information pertaining to reasons for failure was due to reluctance of police to reveal information – item would not have misled viewers – not upheld Standard 6 (fairness) – use of shot of person eating pizza was legitimate to suggest that diet may be a reason why officers were unfit, and was not unfair – lack of detail due to police reluctance to reveal information – police provided with a fair and reasonable opportunity to comment and response included in the story…...

Decisions
Parrysmith and TVWorks Ltd - 2011-148
2011-148

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Campbell Live – reported on a pamphlet drop and predictions on Christian websites relating to an earthquake and tsunami in Christchurch – sought comment and an apology from Kathy Robinson, author of an article in the pamphlet – allegedly in breach of controversial issues, accuracy, fairness and children’s interests standards Findings Standard 6 (fairness) – item legitimately focused on Ms Robinson as she gave her permission for the publication of her prophecy on websites and was the first to have her predictions disseminated – item explicitly stated that it was unclear who printed the pamphlet – Ms Robinson was given a reasonable opportunity to comment – Ms Robinson treated fairly – not upheld Standard 5 (accuracy) – item was accurate in relation to all material points of fact – would not have misled viewers as to the nature of Ms Robinson’s input into…...

Decisions
George and Television New Zealand Ltd - 2011-132
2011-132

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989A Rotten Shame – investigated systematic failures in the building industry that led to the leaky homes crisis – reporter door-stepped building inspector who had inspected a house eleven years earlier which had since been demolished – portion of the interview included in the programme – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsAction taken: Standard 6 (fairness) – presenter’s approach in trying to obtain comment from Mr George by door-stepping him was unfair – broadcaster’s action in upholding the complaint and apologising to the complainant in its decision was inadequate – upheld Standard 6 (fairness) – other aspects of the programme were not unfair to the complainant – item focused on systematic failures which led to the leaky homes crisis rather than on the…...

Decisions
Ashton and Radio New Zealand Ltd - 2012-060
2012-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – item reported on “An Anglican Minister who has been suspended after he removed children from a youth camp… to protect them from a man he believed was a sexual predator” – allegedly in breach of controversial issues, fairness and accuracy standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not provide any details about corroborating evidence to support allegations – church was provided with a fair opportunity to comment but the item failed to adequately present the church’s response – church and Bishop treated unfairly – upheld Standard 5 (accuracy) – Authority not in a position to determine whether impression of alleged offending was misleading – matters more appropriately addressed as issues of fairness – not upheld Standard 4 (controversial issues) – item did not discuss a controversial issue of…...

Decisions
Gough and Television New Zealand Ltd - 2012-095
2012-095

Summary [This summary does not form part of the decision. ]Two items on Fair Go investigated complaints against a medal conservator and dealer, Owen Gough. The Authority did not uphold complaints from Mr Gough that the people interviewed made false claims about him, that his response was not fairly presented, and that the programmes breached his privacy. The broadcasts carried a high level of public interest, the claims made by those interviewed were clearly framed as their personal opinions and experiences, and the Authority was satisfied that the broadcaster had sufficient basis for the story. Mr Gough was not treated unfairly. Not Upheld: Fairness, Accuracy, Privacy Introduction[1] Fair Go investigated complaints against a medal conservator and dealer, Owen Gough, who restored and mounted original war medals, and also sold replicas to complete sets of medals....

Decisions
Solomon and Television New Zealand Ltd - 2014-036
2014-036

Summary [This summary does not form part of the decision. ]A Seven Sharp item looked at tourism in the Chatham Islands, including its fishing and hunting opportunities. During an interview with a tourism expert, one of the programme’s hosts commented, ‘I’d rather shoot myself, to be honest, than go and do that in the Chatham Islands. ’ The Authority did not uphold the complaint that the comment was offensive and denigrated the Chatham Islands. The tourism expert immediately countered the comment with positive statements about visiting the Chatham Islands, and the host later clarified what he had meant by the comment. Not Upheld: Good Taste and Decency, Law and Order, Fairness, Discrimination and DenigrationIntroduction[1] A Seven Sharp item looked at tourism in the Chatham Islands....

Decisions
Catholic Diocese of Auckland and Radio New Zealand Ltd - 1995-046
1995-046

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 46/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CATHOLIC DIOCESE OF AUCKLAND Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Taranaki Regional Council and Radio New Zealand Ltd - 2014-013
2014-013

*Te Raumawhitu Kupenga 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. ]Morning Report looked at the Taranaki Regional Council’s ‘landfarming’ policy and contained an interview with a Council representative. The Authority did not uphold the complaint that the broadcast was misleading, unfair and unbalanced. The report was an accurate and fair reflection of what the representative told the reporter in the interview, and it is legitimate and important in our free and democratic society to challenge and criticise public bodies on matters of strong public interest. Not Upheld: Accuracy, Fairness, Controversial IssuesIntroduction[1] An item on Morning Report reported on the Taranaki Regional Council’s (TRC) ‘landfarming’ policy. The reporter interviewed TRC’s Director of Environment Quality, Gary Bedford, and his comments formed the basis of the story....

Decisions
Leyland and Radio New Zealand Ltd - 2014-157
2014-157

*Te Raumawhitu Kupenga 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. ] A segment of Mediawatch canvassed TVNZ’s (as well as several other media outlets’) coverage of the latest Intergovernmental Panel on Climate Change report, in particular Breakfast’s interview with Bryan Leyland, an engineer who speaks and writes publicly on his scepticism about global warming. The Authority did not uphold a complaint from Mr Leyland that the broadcast discussed his interview in a ‘biased and derogatory’ way and amounted to a personal attack. In the context of a programme comprising robust media commentary and critique, the references to Mr Leyland were not unfair and related to his professional capacity rather than criticising him personally....

Decisions
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
Kuten and MediaWorks TV Ltd - 2016-081 (15 December 2016)
2016-081

Summary[This summary does not form part of the decision. ]An item on Story opened with the news that Air Chathams had recently launched a new flight route from Auckland to Whanganui, following Air New Zealand’s announcement that it would discontinue its flights to the city. The item featured a reporter who visited Whanganui and spoke with the Mayor, residents and business-owners about their experiences and the good and the bad side of living and working in Whanganui. The Authority did not uphold a complaint that this item was unbalanced, inaccurate and unfairly portrayed Whanganui and its residents. The introduction to the item was a parody of a popular, long-running Lemon and Paeroa television advertisement, which most viewers would have recognised, and while some of the reporter’s comments were critical of Whanganui, these were balanced with many positive comments made by residents and the item’s presenters....

Decisions
Appleby and MediaWorks TV Ltd - 2014-097
2014-097

Summary [This summary does not form part of the decision. ] A 3 News item reported on the Labour Party’s election year conference, including details of the party’s education policy. The reporter referred to David Cunliffe ‘handing out an election year bribe’. The Authority did not uphold the complaint that this was unfair. Political parties should expect their policies will be subject to commentary and scrutiny, particularly leading up to a general election, and it is not uncommon to refer to election ‘bribes’ in political reporting. Not Upheld: Fairness Introduction [1] A 3 News item reported on the Labour Party’s election year conference, including details of the party’s education policy. The reporter said, ‘David Cunliffe sits down at Wellington High School handing out an election year bribe, promising every school student from intermediate up, their own computer’. The item was broadcast on TV3 on 5 July 2014....

Decisions
Moshims Discount House Ltd and Apna Networks Ltd - 2009-048
2009-048

Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....

Decisions
Green and Television New Zealand Ltd - 2007-068
2007-068

This decision was successfully appealed in the High Court: CIV 2008-485-24 PDF82. 96 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989The Complaint During a Close Up item about the "naming and shaming" of drunk drivers by a Wellington newspaper, a woman was approached outside court after being convicted of her second drink driving offence. Although the woman declined to be interviewed for fear of losing her job, she was shown running down the street to get away from the reporter, and her age, marital status and salary were reported. Her face was initially pixelated but she was "unmasked" and named later in the item. David and Heather Green objected to the woman's treatment. They said the item had imposed an extra penalty over and above that imposed in the courtroom, and was unfair....

Decisions
Pietersma and Television New Zealand Ltd - 1997-079
1997-079

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-079 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TRINA PIETERSMA of Taupo Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Boyce and Radio New Zealand Ltd - 1999-084
1999-084

Summary Monica Lewinsky was interviewed by Kim Hill on National Radio on 15 March 1999 just after 9. 00am, following the release of the book which dealt with her relationship with President Clinton. Simon Boyce of Paraparaumu complained to Radio New Zealand Ltd, the broadcaster, that one of the interviewer’s questions was unfortunate and inappropriate. He maintained that the interviewer had a history of asking her guests sexually explicit and intimate questions which were clearly embarrassing. In his view, this interview breached standards R2 and R5 of the Radio Code of Broadcasting Practice. RNZ responded that in the context of an interview with Ms Lewinsky, the language used had not breached the requirement to observe standards of good taste and decency....

Decisions
Lowe and Television New Zealand Ltd - 1995-068
1995-068

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 68/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

Decisions
Bowers, Patel and Universal Church of the Kingdom of God and Television New Zealand Ltd - 2012-050
2012-050

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

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