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Complaint under section 8(1)(a) of the Broadcasting Act 1989DNZ: Waiting List – documentary – examined attitude of New Zealanders to organ donations and shortage of available organs – reference to ethnic differences – use of footage from tangi at the Mokai Kainga marae in Kawhia – complaint that archival footage used unfairly – upheld by TVNZ as a breach of Standard 6 and Guidelines 6e and 6h – action taken – footage will not be included if documentary screened again – footage would not be used again without appropriate approvals – apology offered to complainant and members of Mokai Kainga marae – action taken considered insufficient – broadcast apology soughtFindingsAction taken – insufficientOrderBroadcast of statementThis headnote does not form part of the decision. Broadcast [1] Attitudes to organ transplant and the shortage of donated organs were discussed in DNZ: Waiting List, broadcast on TV One at 8....

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

Summary[This summary does not form part of the decision. ]A ONE News item reported on a protest organised by the Sensible Sentencing Trust, which carried a petition in the name of a deceased child, demanding changes to the rules around plea bargaining. The reporter stated, ‘the protestors chose disgraced ex-MP David Garrett to deliver that message to MPs. . . Garrett resigned from Parliament six years ago for stealing the identity of a dead infant. . . ’ The Authority did not uphold Mr Garrett’s complaint that this statement was misleading, as it implied the incident being referred to occurred six years ago, as well as being unbalanced and unfair to him. The Authority found the comment was not misleading, but emphasised that Mr Garrett’s resignation occurred six years ago, which was correct....

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. Summary[This summary does not form part of the decision. ]An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry....

The Authority has not upheld a complaint about a segment of Punjabi talkback programme Dasam Granth Da Sach. During the programme the host made comments about a well-known female Sikh preacher, including that she should marry a Taksali (traditionally trained Sikh) rather than a Jāgaruka (enlightened Sikh), because she supports the ideology of the former, and because husbands ‘in our society’ resort to beating when offended by their wives. The host also used words that can carry sexual connotations but, in the specific context of the broadcast, were unlikely to do so. The Authority acknowledged the potentially offensive nature of the comments to some people, but found overall the potential harm arising was not at a level justifying regulatory intervention or restriction of the broadcaster’s right to freedom of expression on this occasion. Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and Denigration, Violence, Privacy, Fairness...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reference to British Prime Minister David Cameron as “an old mate of John Key’s” in relation to the Leveson Inquiry into British press – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – reference to “old mate” in the introduction to the item was not a material point of fact and would not have misled viewers – not upheld Standard 6 (fairness) – brief comment did not implicate Mr Key in the manner alleged – not unfair to Mr Key – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on the Leveson Inquiry into the culture, practices and ethics of British press....

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

The Authority has not upheld a complaint a segment of Overnight Talk breached several standards. In the programme, a caller to the show queried the validity of the host’s statement that 1400 Israelis had died in the 7 October 2023 attack by Hamas, and asked what evidence the host had of the attack. The host’s response included suggesting the caller should not be ‘an idiot’, saying he was not going to waste his time, terminating the call and advising the caller that they could see ‘uncensored footage’ of the attack on the ‘deepest, darkest parts of the internet’ if they needed evidence....

The Authority has not upheld a complaint that a ThreeNews segment breached the accuracy and fairness standards by stating Pete Hegseth has ‘no relevant experience’ for the position of United States Defence Secretary. The Authority found the comment was clearly distinguishable as comment, analysis or opinion to which the accuracy standard did not apply. While the comment can be seen as an overstatement, in the context of the overall broadcast and other reporting regarding Hegseth’s nomination, it was unlikely to mislead viewers, and any potential harm caused by omitting to outline Hegseth’s military experience is not at a level justifying our intervention or restriction of freedom of expression. Noting the threshold for finding a breach of the fairness standard is higher for politicians and public figures, the Authority also found the brief comment would not have left viewers with an unfairly negative impression of Hegseth. Not Upheld: Accuracy, Fairness....

The Authority has not upheld a complaint about an RNZ news bulletin. The item briefly reported on the BBC’s apology concerning a live broadcast of music group Bob Vylan chanting ‘death, death to the IDF’, saying the apology described the chants as ‘antisemitic’. The complainant said the use of ‘antisemitic’ to describe the chants was unbalanced, inaccurate and unfair. Noting the statement was clearly attributed to the BBC and the context behind its statement was available to the audience, the Authority found the audience had the information needed to draw their own inferences and conclusions and would not be misled. The balance and fairness standards did not apply or were not breached.    Not Upheld: Balance, Accuracy, Fairness...

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...

Summary Allegations that Timberlands West Coast Ltd had lobbied the government to ensure that it could continue to harvest native forests were put to the company’s Chief Executive in an item on 20/20 titled "Unsustainable PR? " broadcast on 22 August 1999, beginning at 7. 30pm. Mr D L Hilliard, the Chief Executive of Timberlands, and Mr Stephen Sheaf each complained to TV3 Network Services Ltd that the broadcast lacked balance, was biased and unfair, and was intended to mislead viewers. Mr Hilliard, who was interviewed for the programme, also said that he had been misled as to its intention, and had consequently been treated unfairly. In its response, TV3 emphasised that the focus of the story had been Timberlands’ lobbying of the government, and noted that documents it had received indicated there was ample evidence of its having done so....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item discussed “all-out war” between the Wellington Mayor and a city councillor – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 6 (fairness) – use of psychologist trivialised the situation but viewers unlikely to have taken her comments seriously – Mayor given adequate opportunity to comment – not unfair to Ms Prendergast or to the Council – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 16 July 2009, was introduced by the presenter as follows: What on earth is going on at Wellington City Council?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Prime Minister John Key had referred “tea tapes” matter to the police – he commented that “The good thing is we’ve lowered the crime rate by seven percent right across the country so they do have a little bit of spare time” – reporter said that “John Key may face criticism on a couple of fronts, firstly, for saying that police have too much time on their hands” – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – viewers heard Mr Key’s original comment so they would not have been misled – viewers would have understood the item was broadcast in a robust political environment in the lead-up to the election – not upheld Standard 6 (fairness) – politicians are aware of robust political arena and should expect to have their views commented…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Broadcast on Morning Report on National Radio – referred to MP Richard Prebble’s nickname “mad dog” – allegedly unfair, inaccurate and contrary to children’s interests. FindingsPrinciple 5 (fairness) – simple reference to widely known nickname not unfair to Mr Prebble – not upheld Principle 6 (accuracy) – item accurate – not upheld Principle 7 (children’s interests) – nothing to indicate item injurious to children listening – not upheld This headnote does not form part of the decision. Broadcast [1] Morning Report, broadcast on National Radio on 28 April contained an item about the resignation of Richard Prebble as leader of the ACT party and the subsequent contest for the leadership....

 The Authority has not upheld a complaint about a 1 News segment that discussed allegations and criticisms about the operations of the Tongan Health Society. The segment featured interviews with former employees and Board members who criticised the management of the Society, its CEO Dr Glenn Doherty, and called for an independent review of the Society. The Authority found that the requirements of the fairness and balance standards were met as TVNZ had taken reasonable steps to seek, and then adequately presented, the Society’s point of view on the issues raised in the programme. The Authority found the disclosure of the CEO’s request for a bonus and extracts from correspondence between the CEO and Board relating to this amounted to a breach of privacy, but determined that the defence of public interest applied on this occasion. Not Upheld: Balance Fairness, Accuracy, Privacy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 45/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SUSAN BATTYE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-174 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MONIQUE BARDEN of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

The Authority did not uphold a complaint about an item on Fair Go investigating On the Go Eastgate (OTG Eastgate), a business providing vehicle Warrants of Fitness (WoFs). A customer had complained to Fair Go that OTG Eastgate did not inform her about a $10 weekend surcharge prior to carrying out and charging her for her WoF. Fair Go sent an actor with a hidden camera to investigate this and other claims about OTG Eastgate’s services. Danny Chand, the owner of OTG Eastgate, complained that the broadcast breached the fairness, accuracy and programme information standards. The Authority found that Mr Chand and his business were treated fairly as he was given sufficient opportunities to respond to the claims made in the broadcast, and it was reasonable and justified in the public interest for the broadcaster to use a hidden camera to investigate the claims....