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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...

L M Loates was Acting Chairperson in S R Maling's absence. SummaryThe series The New Zealand Wars examined the reasons for, and the outcome of, the battles between groups of Maori and Pakeha particularly during the period 1850–1870. The programme was presented by Professor James Belich and was based on his book with the same name. The series was broadcast on TV One at 8. 30pm on five consecutive Monday evenings between 8 June and 6 July 1998. Mr Haggett complained to Television New Zealand Ltd, the broadcaster, that the series among other matters presented "beliefs" as fact, and that it was biased and racist in suggesting that the "innocent" Maori was butchered by "an evil white man". Emphasising that the series was the "authored" work of an eminent historian whose views had been captured accurately in the series, TVNZ declined to uphold the complaint....

SummaryA nightmare housemoving experience was related by a woman featured in a programme entitled "My House, My Castle" broadcast on TV2 on 19 July 1999 beginning at 8. 00pm. The programme was previewed in the days preceding the broadcast. Michael Bott, on behalf of Brittons Housemovers (Wellington) Ltd, complained to Television New Zealand Ltd, the broadcaster, that footage showing a truck belonging to the company was used to illustrate the "housemoving story from hell". In fact, Brittons Housemovers had had no connection with the move, he wrote. The company cited a number of broadcasting standards which it contended were breached by the programme and the promos. In its response, TVNZ explained that the shots of the housemoving truck were archival shots which had been used to illustrate the story. It maintained that the company could not have been identified from that footage....

ComplaintBoxing: De la Hoya v Mosely – boxing – omission of action between rounds – misleading – distorted editingFindings(1) Standard G1 – no inaccuracy – no uphold (2) Standard G19 – editorial discretion – no uphold This headnote does not form part of the decision. Summary Boxing: De la Hoya v Mosely, a world championship boxing bout between Oscar De la Hoya and Shane Mosely, was broadcast on TV3 on 18 June 2000 between 4. 00pm and 6. 00pm. John Reynolds complained to TV3 Network Services Ltd, the broadcaster, that the coverage was of a portion of the fight only, as the events and activities which took place between rounds were not screened, in favour of commercial breaks. Mr Reynolds said that this "integral" part of the match was deliberately omitted, and that this was misleading and unfair....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about a woman who hired an advocate to help her with an ACC review hearing – advocate charged $13,000 and had not completed the work in a year – woman hired a lawyer who completed the work in a month for $5,000 – studio interview with advocate – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfairFindingsStandard 1 (good taste and decency) – good taste and decency standard not relevant – not upheldStandard 4 (balance) – no controversial issue of public importance discussed – not upheld Standard 5 (accuracy) – no inaccuracies – decline to determine some matters – not upheld Standard 6 (fairness) – not unfair to Mr Nottingham or Advantage Advocacy – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on United Nations General Assembly meeting in New York – news correspondent reported that the New Zealand delegation had walked out of the meeting during a speech given by Iranian President Mahmoud Ahmadinejad – correspondent made remarks about the contents of Mr Ahmadinejad’s speech – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – correspondent’s comments about the reasons for the walkout accurately reflected the situation – correspondent’s “mindless hate” comment was clearly opinion – viewers not misled – not upheld Standard 6 (fairness) – Mr Ahmadinejad is a controversial political figure – robust criticism should be expected – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – sports news "Best of 2006" reviewed rugby league – allegedly unfair in view of the issues covered, allegedly inaccurate in reporting a comment from the Kiwis' coach, and the violence shown was gratuitous FindingsStandard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – review explained its approach and fairly reflected the 2006 season – not upheld Standard 10 (violence) – no gratuitous violence screened – not upheld This headnote does not form part of the decision. Broadcast [1] The 2006 year in rugby league was reviewed in a sports news series entitled "Best of 2006". The item was broadcast on 29 December 2006 during One News at 6. 00pm on TV One and began: The 2006 rugby league season will probably be remembered more for all the off-field dramas than any playing action....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – exchange between reporter and Finance Minister, Dr Michael Cullen, had been recorded prior to a scheduled interview – allegedly in breach of Dr Cullen’s privacy, unfair, and in breach of law and order and programme information standardsFindingsStandard 2 (law and order) – standard has no application on this occasion – not upheld Standard 3 (privacy) – no private facts – no interest in solitude and seclusion – not upheld Standard 6 (fairness) – not unfair to Dr Cullen – not upheld Standard 8 (programme information) – subsumed under Standard 6This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific talkback – discussion about Exclusive Brethren and religious cults – host alleged, among other things, that Exclusive Brethren were mad, ignorant, bad neighbours and probable child abusers who should be bred out of the human race – broadcast allegedly inaccurate, unbalanced, unfair, degrading, defamatory and discriminatoryFindingsPrinciple 1 (good taste and decency) – subsumedPrinciple 4 (balance) – subsumedPrinciple 5 (fairness) – unfair to Exclusive Brethren – upheldPrinciple 7 (denigration and discrimination) – encouraged denigration of members of Exclusive Brethren – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 16(1) – costs awards totalling $3456. 74This headnote does not form part of the decision. Broadcast[1] The Exclusive Brethren and whether religions sects should be granted dispensation from certain laws of New Zealand was one of three topics discussed during Michael Laws’ talkback programme broadcast on Radio Pacific on 13 July 2004....

Complaint Breakfast – item on increased ACC levy for motorcycles – biased against motorcyclists FindingsStandard G4 – motorcyclists not dealt with unfairly – no uphold Standard G14 – item dealt with levy increase fairly – no uphold This headnote does not form part of the decision. Summary [1] Increases in ACC levies were dealt with in an item broadcast on Breakfast between 7. 00–9. 00am on 5 December 2001. It was reported that the levy to be paid on the annual registration of motorcycles was to increase by nearly 60 percent because of the high number of accidents involving motorbikes. [2] Miss K Latimer complained to Television New Zealand Ltd, the broadcaster, that the item was biased and misleading because of the negative attitude she considered had been taken towards motorcyclists....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item reported on saving fuel costs – contained a number statements about hybrid cars, including the following comment which referred to the Toyota Prius, “The bottom line is that the British Consumer’s Institute just did a comparison between a diesel car and a hybrid car and found that the diesel car was in fact more efficient....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Nation – discussed the Labour Party’s proposal to increase the number of female caucus members – allegedly in breach of controversial issues, fairness, and discrimination and denigration standardsFindingsStandard 4 (controversial issues) – Labour Party’s proposal was a controversial issue of public importance – two of four panellists who discussed the issue expressed views in support of the proposal – gender of panellists not relevant and spectrum of views meant sufficient balance provided – broadcaster made reasonable efforts and gave reasonable opportunities to provide balance on the issue in the programme – not upheldStandard 7 (discrimination and denigration) – panellists did not comment on women in general – programme did not encourage discrimination or denigration against women as a section of the community – not upheldThis headnote does not form part of the decision....

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....

Download a PDF of Decision No. 1990-015:Perry and Television New Zealand Ltd - 1990-015 PDF1008. 74 KB...

Summary [This summary does not form part of the decision. ]A special investigation on Native Affairs reported the concerns of some members of Kōhanga Reo about the governance and management of Te Kōhanga Reo National Trust. The report focused on allegations that the trust board had too much power and not enough accountability, and its alleged mismanagement of public funds. The Authority did not uphold the complaint from the trust board that the story was inaccurate, unfair and unbalanced. The story had very high public interest and was a legitimate investigation of the financial activities of the trust and its subsidiary, Te Pātaka Ōhanga. The story was largely framed as being from the perspective of the interviewees, and the trust was given a fair and reasonable opportunity to respond to the claims made....

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....

Summary [This summary does not form part of the decision. ] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland and contained an interview with the Federated Farmers Vice President. The Authority did not uphold the complaint that the item presented an inaccurate and unbalanced picture of the policies proposed by the Labour Party and others, and was unfair. The item was presented from the perspective of the Federated Farmers spokesperson who offered his personal views based on his experience buying land in New Zealand. The item sufficiently acknowledged alternative views, it carried high public interest, and no one was treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness Introduction [1] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....