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Decisions
Kingdom Residential Housing Ltd and The Radio Network Ltd - 2003-004
2003-004

Complaint Newstalk ZB – Discussion about leaky building syndrome – caller "Graham" referred to two leaking problems with his new home in Newlands – complainant developer in Newlands – only one leaky building problem – "Graham" an employee of TRN – unfair Findings Principle 5 – complainant neither identified nor identifiable – not referred to – no uphold This headnote does not form part of the decision. Summary [1] The leaky building syndrome was one of the topics discussed on Newstalk ZB broadcast in Wellington on the morning of 18 September 2002. A caller "Graham" described leaky building problems with his bathroom and his deck in his new home in a development in the Wellington suburb of Newlands. [2] Kingdom Residential Housing Ltd, through its solicitors, complained to The Radio Network Ltd, the broadcaster, that the item was unfair....

Decisions
Whaanga-Kipa and Māori Television - 2007-112
2007-112

Complaint under section 8(1)(a) of the Broadcasting Act 1989Native Affairs – item looked at the work Te Whanau Manaaki O Manawatu Trust was doing for Māori suffering from alcohol, drug and violence issues – item contained interviews with two people who were part of the trust’s recovery programmes – item contained footage of gang members – presenter made various statements about the interviewees – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – statement about being drug and alcohol-free related to the parties, not Mr B and Ms D themselves – statement relating to the trust’s DHB funding inaccurate – action taken by the broadcaster to rectify the inaccuracy appropriate in the circumstances – not upheld Standard 6 (fairness) – standard applies to individuals and organisations not communities – not unfair for the broadcaster to use library footage of gangs – not upheld This headnote does not form part of the decision.…...

Decisions
Ross and Television New Zealand Ltd - 2010-060
2010-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond the Darklands: Antonie Dixon – case study of convicted murderer Antonie Dixon based on the recollections of friends, family, neighbours, police and others as well as analysis by psychologist – programme mentioned his marriage to the complainant and referred to her several times – allegedly in breach of privacy, accuracy and fairness FindingsStandard 3 (privacy) – no private facts revealed about the complainant – complainant’s children not identifiable in the programme – not upheld Standard 5 (accuracy) – neighbour’s comments were clearly her recollection of events – programme not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant and children not treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Swift and Television New Zealand Ltd - 2012-017
2012-017

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – satirical item featuring comedian Leigh Hart reviewing the election campaign the night before the general election was to be held – Mr Hart used a whiteboard which occasionally displayed the name of then Leader of the Opposition Phil Goff – allegedly in breach of controversial issues and fairness standards FindingsStandard 4 (controversial issues) – item was a light-hearted review of the election campaign – it did not purport to be a serious or balanced discussion of a controversial issue – appearance and disappearance of Mr Goff’s name on the whiteboard did not require the presentation of alternative viewpoints – in any case the item discussed a number of politicians and included comment from them – not upheld Standard 6 (fairness) – complainant did not identify who he thought had been treated unfairly – individuals taking part or referred to in the…...

Decisions
Levertoff and Television New Zealand Ltd - 2013-066
2013-066

Summary [This summary does not form part of the decision. ] A Fair Go item reported on the New Zealand Industrial Fuel Duty Agency (NZIFDA), a business set up to obtain refunds, on behalf of eligible customers, for excise duty placed on off-road fuel usage in some instances. A former employee of NZIFDA criticised the business and the person who ran it. The Authority did not uphold the complaint from the person who ran the business, that the item was inaccurate and misleading and used ‘loaded’ language to suggest wrongdoing. The item was clearly framed from the perspective of the former employee, her comments were clearly her personal opinion, the complainant was given a reasonable opportunity to give a response, and his response was fairly included in the programme....

Decisions
Martin and Television New Zealand Ltd - 2009-060
2009-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made remarks about his dislike for campervans and the people who use them – allegedly in breach of good taste and decency, accuracy and fairness standards Findings Standard 1 (good taste and decency) – comments intended to be humorous – contextual factors – not upheld Standard 5 (accuracy) – host's comments were personal opinion not points of fact – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation taking part or referred to in the programme – campervan owners not a section of the community to which guideline 6g applies – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6....

Decisions
Milnes and The Radio Network Ltd - 2010-171
2010-171

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talk Show – radio host played excerpt from television show The View in which Fox News commentator, Bill O’Reilly, stated that the mosque near Ground Zero was “inappropriate” and that “Muslims killed us on 9/11” – radio host discussed comments – allegedly in breach of law and order, controversial issues, accuracy and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – listeners would not expect a range of balanced views from a talkback programme – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – host’s comments amounted to opinion and analysis – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of…...

Decisions
Department of Conservation and Radio Pacific Ltd - 2000-002
2000-002

Summary The Department of Conservation’s (DOC) management programme which involved the shooting of thar (mountain goats), was addressed during the John Banks Breakfast Show, broadcast on Radio Pacific between 6. 00–9. 00am on 10 August 1999. The host of the programme expressed his strong displeasure at DOC’s actions. He referred to DOC staff using phrases such as "filthy low life", and "filthy perverts", and expressed a wish that their helicopter would suffer a power failure. The Department of Conservation complained to Radio Pacific Ltd that the language used in the broadcast failed to maintain standards of decency and good taste, and that the host did not refer to the thar management process which it had developed. Declining to uphold the complaint, Radio Pacific argued that the strong language used was appropriate on a station which valued the power of free speech....

Decisions
Harvey and Lorck and MediaWorks TV Ltd - 2018-036 (24 August 2018)
2018-036

Summary[This summary does not form part of the decision. ]Over two evenings, on 20 and 21 January 2018, Newshub reported on the delayed launch of a rocket from the Māhia Peninsula, due to a boat being in the exclusion zone around the launch site. The first item strongly implied that Hastings District Councillor Damon Harvey was responsible for the delayed launch, referring to a tweet, featuring a photo of the launch site, that the reporter said was tweeted by Mr Harvey ‘around the same time’ as the launch delay. The second item included a short comment from an interview with Mr Harvey. The Authority found parts of these broadcasts were inaccurate and misleading, and were unfair to Mr Harvey....

Decisions
Muir & Knight and Radio New Zealand Ltd - 2024-008 (22 April 2024)
2024-008

The Authority has not upheld complaints that action taken by Radio New Zealand Ltd was insufficient, after the broadcaster upheld the complaints under the accuracy standard about a statement in a news bulletin that a recent ruling by the International Court of Justice had found Israel ‘not guilty of genocide. ’ While the Authority agreed with the broadcaster’s decision to uphold the complaints, it found RNZ had taken sufficient steps in response to the complaints, by broadcasting an on-air correction within a reasonable period after the bulletin at issue, as well as posting a correction to its website. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Fairness...

Decisions
Gregory and NZME Radio Ltd - 2017-081 (2 November 2017)
2017-081

Summary[This summary does not form part of the decision. ]Following the broadcast of a Labour campaign advertisement on Radio Sport Weekender, presenter Mark Watson commented: ‘I like Jacinda Ardern’s optimism; I just want to know how you pay for it all. That’s all I want to know… if it’s that easy, I think everybody would have done it by now. ’ The Authority did not uphold a complaint that this comment amounted to alleged political editorialising, which was unacceptable and unprofessional. While listeners might not have expected the host to comment on political issues during a sports programme, this was an opinion open to the host to express, provided broadcasting standards were maintained....

Decisions
Rodney Hide MP and Television New Zealand Ltd - 2002-178
2002-178

ComplaintOne News – Rodney Hide MP – "scam buster" – spoke at seminar in Fiji – affidavit that his presence gave investors confidence to invest – investment was a scam – inaccurate – unbalanced – unfair FindingsS. 4(1)(d) and Standard 4 – reasonable opportunities given – no uphold Standard 5 – not unfair – no uphold Standard 6 – inaccuracies (1) different use of the term "family"; (2) not a "self-proclaimed scam buster"; (3) affidavit not dated that day – uphold on these three points – no other inaccuracies No Order This headnote does not form part of the decision. Summary [1] An affidavit, which recorded that Rodney Hide MP’s presence as a speaker at an investment seminar in Fiji had given a man and his family the confidence to invest, was reported in an item broadcast on One News on 15 May 2002....

Decisions
Diocese of Dunedin and 12 Others and TV3 Network Services Ltd - 1999-125–1999-137
1999-125–137

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

Decisions
Albery and RadioWorks Ltd - 2011-038
2011-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Robert and Jono’s Drive Show – “Wind up Your Wife” – telephone prank in which wife told husband she was getting restraining order against his mother – host pretended to be policeman – broadcaster asserted that husband and wife consented to broadcast – allegedly unfair FindingsStandard 6 (fairness) – recording contained elements of unfairness – questionable whether recording amounted to legitimate humour – broadcaster’s processes for obtaining and recording consent insufficient – however, in the particular circumstances, it is not appropriate for the Authority to make further inquiries – reluctantly accept informed consent to broadcast was sought and obtained – not upheld This headnote does not form part of the decision. Broadcast [1] A segment called “Wind up Your Wife” on Robert and Jono’s Drive Show was broadcast on The Rock at 5. 30pm on Wednesday 15 December 2010....

Decisions
Noble and Television New Zealand Ltd - 2011-117
2011-117

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – police interviewed a man with cerebral palsy, Bradley, who was the victim of an alleged assault and robbery – police detective allegedly told Bradley that the filming was for Police Ten 7 but no further explanation was given – made comments that questioned the veracity of Bradley’s story and showed footage of his high-heeled shoes – allegedly in breach of standards relating to privacy, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – Bradley was not fully informed of the nature of the programme and his participation and there was insufficient public interest to justify the broadcast of the footage (guideline 6c) – Bradley treated unfairly – upheld Standard 3 (privacy) – Bradley was identifiable but no private facts were disclosed and filming was in a public place – Bradley was not particularly vulnerable – not upheld Standard…...

Decisions
Ministry for Primary Industries and Mediaworks TV Ltd - 2016-092 (15 May 2017)
2016-092

Summary[This summary does not form part of the decision. ]Newshub broadcast a story about the outcome of a review by Michael Heron QC of Ministry for Primary Industries (MPI) fisheries prosecution decisions. The reporter referred to the resignations of two senior MPI officials, implying that the resignations were connected to the outcome of the Heron review. The Authority upheld the complaint that the broadcast was unfair. The item reflected negatively on the two individuals’ professional reputations and had the potential to adversely affect them. In the interests of fairness, the broadcaster should have given the individuals affected a fair and reasonable opportunity to respond to the allegations, which did not occur. The Authority did not uphold the complaint that the item breached the accuracy standard, as it found the broadcaster had made reasonable efforts to ensure accuracy by relying on sources which it satisfied itself were credible....

Decisions
Adams, Godinet and Parsons and Television New Zealand Ltd - 2010-145
2010-145

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter deliberately mispronounced the name of Chief Minister of Delhi, Sheila Dikshit – stated that “Dick Shit” was “so appropriate because she’s Indian, so she would be dick in shit, wouldn’t she” – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards – action taken by broadcaster insufficient – upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $3,000 costs to the Crown This headnote does not form…...

Decisions
Hall & Large and Television New Zealand Ltd - 2018-061 (10 October 2018)
2018-061

Summary[This summary does not form part of the decision. ]Two complaints regarding an episode of Shortland Street were not upheld. In the episode a new character appointed CEO of the Shortland Street hospital commented, ‘Puffed up, privileged Pakeha men drunk on control, terrified of change… we are the future, Esther, not them,’ referring to the hospital’s management. Complaints were made that this statement was sexist, racist and offensive to white men. The Authority reviewed the programme and relevant contextual factors, including established expectations of Shortland Street as a long-running, fictional soap opera/drama, and concluded the character’s statement did not breach broadcasting standards. It found upholding the complaints in this context would unreasonably limit the right to freedom of expression. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Balance, Accuracy, Fairness The broadcast[1] A Shortland Street episode featured a new CEO, Te Rongopai, starting at Shortland Street hospital....

Decisions
Drinnan and MediaWorks TV Ltd - 2020-100 (14 September 2020)
2020-100

The Authority has not upheld a complaint that an item on Newshub Nation about the New Conservative Party breached broadcasting standards. The Authority found that the New Conservative Party was not a recognised section of the community for the purposes of the discrimination and denigration standard, and that the accuracy standard did not apply as the complaint concerned matters of analysis and opinion rather than statements of fact. The Authority also found that the New Conservative Party and Party members were not treated unfairly, noting that the scrutiny of political parties is a vital component of freedom of expression, and is of particular importance in the lead-up to a general election. Not Upheld: Fairness, Accuracy, Discrimination and Denigration...

Decisions
Godinet & Kay and NZME Radio Limited - 2020-101 (16 December 2020)
2020-101

The Authority did not uphold complaints that an item on Kerre McIvor Mornings breached the accuracy standard. The content was likely to be interpreted as commentary and opinion, and not statements of fact to which the accuracy standard applied. In terms of the balance standard, it was clearly presented from the host’s perspective. Given the nature of the programme, listeners were unlikely to have been misled by the omission of other views. The Authority also found that, in its context, the segment was unlikely to cause widespread undue offence or undermine widely shared community standards, did not actively promote serious antisocial or illegal activity and was not unfair to the Government or Prime Minister. Accordingly it did not breach the good taste and decency, law and order or fairness standards.      Not Upheld: Accuracy, Balance, Good taste and decency, Law and order, Fairness...

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