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AMENDED DECISIONThis decision has been amended and re-issued following advice that the Authority’s original decision about a Labour Party advertisement, issued on 10 September 2005, relied on incorrect information. The original decision noted that the advertisement stated that the Māori Party had voted with National 277 times. The figure of 277 was used on an audio copy of the advertisement supplied to the Authority by the New Zealand Labour Party. After the decision was issued, the Labour Party advised that it had supplied the Authority with an early version of the advertisement that had not in fact been broadcast. The advertisement that was broadcast stated that the Māori Party had voted with National 227 times. Upon receiving this advice, the Authority requested further submissions from all parties. No further submissions of substance were received....

Summary [This summary does not form part of the decision. ]During the National Party's closing address, footage was shown of Prime Minister John Key with US President Barack Obama and the Queen. The Authority declined to determine the complaint that the use of this footage was illegal and breached standards, on the basis the complaint was trivial and did not raise any broadcasting standards issues in the context of a political broadcast carrying high public interest. Declined to determine: Election Programmes Subject to Other CodesIntroduction[1] During the National Party's closing address the night before the 2014 general election, brief footage was shown of Prime Minister John Key with United States President Barack Obama and Queen Elizabeth II. [2] Steve Curtis lodged an election programme complaint directly with the Authority, under Standard E1 of the Election Programmes Code (election programmes subject to other Codes)....

Download a PDF of Decision No. 1990-023:Flook (on behalf of the New Zealand National Party) and Television New Zealand Ltd - 1990-023 PDF401. 58 KB...

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989Labour Party Election Advertisement – stated that “John Key’s only answer is to sell our best assets” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – advertisement was clearly Labour’s analysis and opinion of National’s policy on asset sales – guideline 5a to Standard 5 exempts analysis and opinion from standards of accuracy – viewers would have understood that the advertisement was encouraging people to vote for Labour – freedom of expression crucial to democracy and political debate – not upheld This headnote does not form part of the decision....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989One News – New Zealand Labour Party Opening Address included discussion about Capital Gains Tax – showed list of countries entitled “OECD countries with some form of tax capital” which included Singapore – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air TV Code – inclusion of Singapore in list graphic was not a material point of fact – Singapore was not referred to verbally – broadcaster and the Labour Party acknowledged that it was an error and it will not appear in future broadcasts – Opening Address not misleading or inaccurate – not upheld This headnote does not form part of the decision....

An election advertisement for the Labour Party included the statement, ‘we’ll…make apprenticeships free to prepare for tomorrow’s jobs. . . ’ The complainant argued that this statement was inaccurate because the apprenticeships are not free but paid for by the taxpayers. The Authority did not uphold the complaint finding that a reasonable viewer was unlikely to be misled by the programme. Not Upheld: Election Programmes Subject to Other Standards (Accuracy)...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-128 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANET MIDDLEMISS of Featherston Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary [This summary does not form part of the decision. ]In an election advertisement for the National Party, John Key stated, ‘we’ll start paying off debt’. The Authority did not uphold the complaint that this was misleading because Treasury had forecast that debt would increase until 2018. Election advertisements promoting party policies, by their nature, are not ‘factual’. Viewers understand that they are highly political, often hyperbolic vehicles for advocacy, and are able to form their own views about any particular policy. Viewers would not have been misled. Not Upheld: Election Programmes Subject to Other Standards (Accuracy, Fairness, Responsible Programming), Distinguishing Factual Information from Opinion or Advocacy, Misleading ProgrammesIntroduction[1] An advertisement for the National Party was broadcast on TV3 on 28 August 2014....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 New Zealand First Election Advertisement – child stated, “My mum and dad are voting for New Zealand First. They say that Winston will give us a fair go” – allegedly in breach of responsible programming standardFindings Standard E1 (election programmes subject to other Codes) – Standard 8 (responsible programming) of the Radio Code – advertisement broadcast in robust political environment during lead-up to the election – reasonable listeners would understand that children are under the legal age to vote – complaint does not raise any issues of broadcasting standards which warrant our consideration – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision....

Complaint under section 8(1) of the Broadcasting Act 1989 Election programme – advertisement for the New Zealand National Party – John Key pictured in moving vehicle – complaint that Mr Key was not wearing a seatbelt – allegedly in breach of law and order and children’s interests standards Findings Election Programmes Code Standard E1 – standards in the Free-to-Air Television Code apply to election programmes Standard 2 (law and order) – advertisement showed Mr Key removing seatbelt – reasonably attentive viewer would have concluded that he was wearing a seatbelt – even if he was not shown wearing a seatbelt, would not have breached Standard 2 – not upheld Standard 9 (children’s interests) – advertisement did not contain any material likely to disturb or alarm children – not upheld This headnote does not form part of the decision....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Education Advertisement – National Party leader and Prime Minister John Key stated, “National is building a better education system, with school reports in plain English. . . ” – statement allegedly inaccurate and misleading FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air Television Code – advertisement did not state as fact that all school reports would be written in the English language – “plain English” was colloquial way of stating “easy to understand” – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An advertisement for the New Zealand National Party was broadcast on TV One on 2 November 2011 at approximately 9. 30pm....

Summary[This summary does not form part of the decision. ]A campaign advertisement for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast at 5. 20pm on 9 September 2017 on Prime, during a G-classified fishing programme, Addicted to Fishing. The advertisement featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s fauna, in particular deer. The advertisement included a number of close-up images of dead deer allegedly poisoned by 1080, some of which appeared to be frothing at the mouth. A complaint was made that the broadcast of these images at a time when children may be watching was upsetting and inappropriate, in breach of the good taste and decency standard (which applies under Standard E1 of the Election Programmes Code)....

The Authority has not upheld a complaint about an election advertisement for the Labour Party that included the statement, ‘Together we went hard and early to fight COVID. . . ’ The complaint was that this statement breached broadcasting standards because it should have said the Labour Party ‘went hard and late’, on the basis it could have taken ‘some action at the border’ earlier than it did, to protect New Zealanders. The Authority found the statement was clearly opinion and advocacy promoting the Labour Party, rather than a statement of fact, and that viewers were unlikely to be misled. There was no actual or potential harm caused, to outweigh the importance of freedom of expression and free political speech in the lead up to the general election, or to justify regulatory intervention....