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Decisions
Carter and MediaWorks TV Ltd - 2016-008 (12 May 2016)
2016-008

Summary[This summary does not form part of the decision. ]An item on Story reported that Auckland purchasers of homes near areas of cultural significance for Māori may need to get consent from iwi before undertaking any structural building work, as part of the Auckland Unitary Plan. As an example of one of the areas of cultural significance, the presenter reported from an empty field, saying, ‘So this is what an area of cultural significance looks like. This is called a midden. . . it’s pretty much a rubbish dump. We looked it up – “midden” is an old Danish word for “domestic rubbish dump”’. The Authority did not uphold a complaint alleging that the item discriminated against and/or denigrated Māori and was unfair....

Decisions
Singh and Radio Tarana - 2014-053
2014-053

Mary Anne Shanahan 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 Radio Tarana News reported on District Court proceedings involving the complainant, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased. The Authority did not uphold his complaint that the item was unfair, inaccurate and unbalanced. The item was a straightforward, brief news report, and the complainant’s position was fairly included in the item. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] An item on Radio Tarana News reported on District Court proceedings involving the complainant, Rajesh Singh, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased....

Decisions
Boyce and MediaWorks TV Ltd - 2014-135
2014-135

Summary [This summary does not form part of the decision. ] During 3 News coverage of the results of the 2014 general election, a reporter was shown persistently attempting to interview the Internet-Mana Party leader Laila Harré. The Authority declined to uphold the complaint that the reporter's treatment of Ms Harré was unfair. The reporter's behaviour did not cross the high threshold for finding unfairness to politicians and public figures, particularly in the context of an important political broadcast. Not Upheld: Fairness Introduction [1] The 3 News election coverage, 'Decision '14, Election Night', included footage of a reporter persistently questioning and aiming a microphone at the Internet-Mana Party leader Laila Harré as she attempted to make her way into the party's post-election gathering. Ms Harré mostly ignored the reporter but when she tried to speak the reporter interrupted and spoke over her....

Decisions
Green and MediaWorks TV Ltd - 2015-013
2015-013

Summary [This summary does not form part of the decision. ] A 3 News item about Andrew Little's 'state of the nation' address, in which he promised that under the Labour Party, New Zealand would have the lowest unemployment rate in the OECD, featured an exchange between the reporter and Mr Little about unemployment rates. The Authority did not uphold the complaint that the item was misleading and unfair to Mr Little in giving the impression he did not know New Zealand's current unemployment rate when in fact he did. It was clear that the figure Mr Little was unable to quote was the current lowest OECD unemployment rate and the item did not unfairly distort his views. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News bulletin reported the 'state of the nation' address from each of the leaders of the main political parties....

Decisions
Minister of Housing (Hon Murray McCully) and Television New Zealand Ltd - 1997-125
1997-125

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-125 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

Decisions
Bath and TV3 Network Services Ltd - 1997-023
1997-023

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-023 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOUG BATH of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
McGinley and Channel Z - 1997-080
1997-080

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-080 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN McGINLEY of Lower Hutt Broadcaster CHANNEL Z of Wellington J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Taylor and Radio New Zealand Ltd - 2009-039
2009-039

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – item about violence encountered by staff working with dementia patients – contained interviews with a nurse working in a dementia ward, a representative from the Nurses Organisation and a spokesperson from the Ministry of Health – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (controversial issues – viewpoints) – broadcaster presented the required significant viewpoints – perspective of care providers not vital to discussion – not upheld Standard 5 (accuracy) – comment complained about was not a statement of fact – not upheld Standard 6 (fairness) – people and organisations taking part and referred to treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Towl and RadioWorks Ltd - 2009-136
2009-136

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

Decisions
Hingston and Television New Zealand Ltd - 2001-225
2001-225

ComplaintFair Go – consultation fee for general practitioner when there is an ACC contribution – practice to reduce fee to patient – opinion given that not to do so may amount to using finance as a barrier to treatment which is unethical – untrue – unfair FindingsStandard G1 – statement incorrect – uphold Standard G4 – not unfair in context – no uphold No OrderThis headnote does not form part of the decision. Summary [1] An item on Fair Go examined the case of a rugby player who went to a medical practitioner because of an injury. It was reported that ACC contributed $26 to the doctor for each consultation, but he had not reduced his fee for the player. A doctor from ACC said it may well have been unethical for a doctor to use finance as a barrier to treatment....

Decisions
Maney and Triangle Television Ltd - 2003-020
2003-020

Complaint Jagad Guru Speaks – spiritual programme – discussion regarding transubstantiation – reference to priest getting drunk on wine – offensive – unfair FindingsStandard 1 – majority – contextual matters – no uphold – minority – offensive Standard 6 – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Jagad Guru Speaks, a spiritual programme, was broadcast by Triangle Television between approximately 8. 30–9. 00am on 21 November 2002. The concept of transubstantiation was discussed, and when referring to the role of the priest the presenter made the comment that the priest got "drunk on the wine in the back room". [2] Bernard Maney complained to Triangle Television Ltd, the broadcaster, that the comment was offensive and insulting to priests and Christians....

Decisions
Mayor of the Chatham Islands Council and Radio New Zealand Ltd - 1999-083
1999-083

Summary The manager of the Chatham Islands Millennium Project was interviewed by Kim Hill on the programme Nine to Noon broadcast on National Radio on 28 January 1999 at 9. 45am. At the conclusion of the interview, he was asked to explain whether his previous conviction for fraud had been an impediment in this role. Mr P F Smith, Mayor of the Chatham Islands Council, complained to Radio New Zealand Ltd, through the Broadcasting Standards Authority that the interviewer had acted unprofessionally in raising that issue. The Council sought a ruling from the Authority to censure the broadcaster, he wrote. In its response, RNZ argued that as a significant amount of public money had been granted to the Chatham Islands Millennium Project, it was considered reasonable to raise the matter of the Project Manager’s background....

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
Sawyer and Radio Pacific Ltd- 1996-076
1996-076

SummaryAbortion was a topic touched on during the talkback programme Banksie on Sunday, broadcast on Radio Pacific between 10:00am – 2:00pm on Sunday 14 April 1996. The host (Hon John Banks MP) described doctors who perform abortions as baby murderers, and claimed that the aborted foetuses were put into the hospital waste disposal systems or in "Kleensaks". Mr Sawyers complained to Radio Pacific Ltd that the "highly emotive" remarks were inaccurate, unbalanced, and unfair to the doctors who carried out abortions. Explaining that the host had been expressing his own strong opinion, that other hosts had different opinions, and that callers were able to present a diversity of views on the subject, Radio Pacific denied that the standards had been contravened. Dissatisfied with Radio Pacific's decision, Mr Sawyers referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Moore and Television New Zealand Ltd - 2012-107
2012-107

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item interviewed Christchurch women who wanted to cancel their gym contracts due to the closure or relocation of premises – reported that Configure Express Northlands had relocated but that members could not cancel their contracts without incurring financial loss – barrister gave legal advice that the contracts had been frustrated and were unenforceable – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – item contained comments from two women which suggested their issues related solely to relocation, that the gym refused to refund them and that they would be significantly out of pocket – omitted important information about the women’s individual circumstances – impression not mitigated by opportunity given to the complainant to respond to the issues – reasonable to expect Fair Go to adhere to the same high standards the programme imposes on others – complainant…...

Decisions
Kirby and Radio New Zealand Ltd - 2013-042
2013-042

Summary [This summary does not form part of the decision. ]A Nine to Noon host interviewed Carmel Fisher, the founder and managing director of Fisher Funds Management Ltd, about her background and attitudes to business. At the end of the interview, she asked her about recent court action over a family will. A majority of the Authority upheld the complaint that a comment made by Ms Fisher about her role in the proceedings was inaccurate. The Authority unanimously declined to uphold the complaint that the programme was unfair. The Authority did not make any order. Upheld by Majority: AccuracyNot Upheld: FairnessNo OrderIntroduction[1] On 14 March 2013 on Radio New Zealand National Nine to Noon, the host interviewed Carmel Fisher. Ms Fisher is the founder and managing director of Fisher Funds Management Ltd....

Decisions
Morris and Radio New Zealand Ltd - 2015-059
2015-059

Summary[This summary does not form part of the decision. ] Roger Morris complained that an alleged discussion on Worldwatch about the 'Ukraine coup d'etat' failed to mention a number of key facts, primarily about the United States' involvement in the conflict. The Authority declined to determine the complaint as the broadcast identified by the complainant in his complaint did not feature any content about Ukraine. Declined to Determine: Controversial Issues, Accuracy, Fairness, Responsible ProgrammingIntroduction[1] Roger Morris complained that an alleged discussion on Worldwatch about the 'Ukraine coup d'etat' failed to mention a number of key facts, primarily about the United States' involvement in the conflict. He considered that the omission of these facts was in breach of the controversial issues, accuracy, fairness and responsible programming standards of the Radio Code of Broadcasting Practice....

Decisions
Golden and Television New Zealand Ltd - 2016-088 (16 February 2017)
2016-088

Summary[This summary does not form part of the decision. ]An episode of the documentary series, The Hard Stuff with Nigel Latta, titled ‘Selling Ourselves Short’, focused on the topic of New Zealand’s economy, comparing our standard of living today with the 1960s-70s. The episode examined some of New Zealand’s traditional and upcoming export industries, such as dairy farming, forestry, pharmaceuticals, technology and fashion, and featured interviews with farmers, business owners, economists and academics. At the beginning of the episode, Mr Latta stated, ‘We’re rated as one of the best places in the world to do business and we’re not corrupt. ’ The Authority did not uphold a complaint that Mr Latta’s statement was inaccurate and that the episode was unbalanced because it did not address New Zealand’s ‘extensive corruption’ as a reason for our underperforming economy....

Decisions
Wakelin and Television New Zealand Ltd - 2018-060 (26 October 2018)
2018-060

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about an item on 1 News reporting on the separation of migrant families in the United States. The complaint was that references to President Donald Trump’s ‘immigration crackdown’ and ‘Trump’s policy’ of separating children from their parents were misleading, unbalanced and unfair as the relevant law pre-dated Trump’s presidency. The Authority concluded the broadcast did not breach the accuracy, balance or fairness standards, as the references reasonably reflected the Trump administration’s position regarding the enforcement of criminal prosecutions for illegal immigrants. The Authority emphasised the high level of public and political interest in the story and found that any limitation on the right to freedom of expression on this occasion would be unjustified....

Decisions
Marra and MediaWorks Radio Ltd - 2019-023 (18 July 2019)
2019-023

The Authority has not upheld a complaint that ACT leader David Seymour MP was bullied and treated unfairly on Magic Afternoons with Sean Plunket. Mr Seymour called the show to present his perspective on comments made by Mr Plunket moments earlier about Mr Seymour’s motivation for sponsoring the End of Life Choice Bill. The Authority found that, while Mr Plunket’s interviewing style was robust and challenging, Mr Seymour was not treated unfairly given the nature of the programme, the fact that Mr Seymour initiated the conversation and expressed his views, and Mr Seymour’s position and his experience with the media. The Authority also found that the broadcast did not breach the balance standard as it did not amount to a discussion of a controversial issue of public importance, which is required for the balance standard to apply....

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