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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 153/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Summary [This summary does not form part of the decision. ] Morning Report covered a story on kauri swamp logs that were allegedly being illegally exported to China. It reported that the company Oravida was one of the ‘kauri wholesalers’ involved. RNZ upheld a complaint from Oravida’s director that the broadcast was unfair as comment was not sought from Oravida. RNZ had removed the audio and written pieces that referred to Oravida and its director from its website, and two days later in a subsequent broadcast briefly reported Oravida’s position that it had never been involved in illegal trading. The Authority upheld the complaint that the action taken by RNZ in upholding the fairness complaint was insufficient and that the broadcast was also inaccurate. The Authority did not make any order noting that a full correction and apology was broadcast after the referral of the matter to this Authority....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – conducted a hidden camera trial of six cafés in Auckland – stated that food sample from Café Cézanne had tested positive for faecal coliforms which “could make you very sick” – sample had been incorrectly labelled and it was later discovered that it did not come from Café Cézanne – in the meantime broadcaster broadcast an apology (in following episode) that did not exclude possibility that sample came from Café Cézanne – both programmes allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – serious allegation that Café Cézanne’s food was contaminated with faecal coliforms was broadcast without verifying or checking results – sample did not come from Café Cézanne – apology was also inaccurate and inadequate to rectify the breach – upheld Standard 6 (fairness) – broadcaster did not give the complainants a fair and reasonable opportunity to respond because they were not…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – item on formaldehyde levels in imported clothing – allegedly inaccurate Findings Standard 5 (accuracy) – programme would have misled and unnecessarily alarmed viewers in its presentation of formaldehyde test results – upheld Orders Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $4,000 This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast on TV3 at 7. 30pm on 21 August 2007. The programme discussed the use of formaldehyde, “a highly toxic chemical that can be fatal”, in the manufacture of clothing. The presenter stated that formaldehyde was used to help keep fabric stain-free, wrinkle-free and disinfected....

Summary Good Morning’s nutritionist interviewed a representative from the International Soy Advisory Board and demonstrated the use of soy products in cooking in a broadcast by TVNZ on TVOne on 3 May 1999 beginning at 10. 00am. Mr James of Whangarei complained to Television New Zealand Ltd that the programme was unbalanced, unfair and inaccurate as it did not warn viewers of the known health risks of using soy products, nor did it reveal that the guest was either a consultant to or an employee of a company which markets the products. TVNZ responded that the programme did not purport to investigate the merits of soy products, but was essentially a cooking demonstration carried out while the guest discussed the principal ingredient. It maintained that as research on the benefits of soy products was equivocal, it was not in a position to judge whether the broadcast was accurate....

The Authority has upheld an accuracy complaint about RNZ news bulletins broadcast on 19 and 20 April 2022 reporting on the Government’s apparent delay in ending the MIQ system, despite recently released public health advice from November 2021 noting that a changed risk assessment meant MIQ would no longer be justified. The Authority found the items were misleading by omission as they gave a strong impression the advice stated MIQ should be wound up immediately (rather than through a ‘carefully managed transition’ to safely shift to a new system), and the Government had acted contrary to that advice. The Authority did not uphold the complaint under the balance standard. While finely balanced, noting the standard allows balance to be achieved over time, the Authority found RNZ’s later coverage (particularly on 20 April) adequately conveyed the Government’s perspective. Upheld: Accuracy. Not Upheld: Balance Order: Section 13(1)(a) broadcast statement...

The majority of the Authority has upheld a complaint that a segment on 1News Tonight reporting regarding an Israeli strike on Iran breached the accuracy standard. The complainant alleged the broadcast was misleading as the use of ‘unprecedented’ to describe a prior Iranian strike implied the Iranian strike was unprovoked, and this was compounded by the omission of reference to an earlier Israeli strike on an Iranian consulate building in Syria. The majority agreed the broadcast created a misleading impression of Iran’s actions through use of the term ‘unprecedented’ to describe its strike on Israel, inclusion of comments suggesting Israel’s strike to be a proportionate response and due to comments of the Iranian Foreign Minister being edited in a way rendering them unclear....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about young Sri Lankan woman who had been deported – release of woman’s lawyer’s letter when lawyer was criticised by Minister of Immigration – allegedly unbalanced, inaccurate, unfair to lawyer and failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order) – no principles of law involved – not upheld Standard 4 (balance) – lawyer not given opportunity to respond to Minister’s criticism – upheld Standard 5 (accuracy) – misleading as to source of letter – upheld Standard 6 (fairness) – unfair to lawyer – upheldOrder Broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] Recent developments in the case of a young Sri Lankan woman who had been deported were covered in an item broadcast on 3 News on TV3 beginning at 6....

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....

The Authority has upheld a complaint that comments made by Kate Hawkesby on Early Edition with Kate Hawkesby, about the newly introduced Equity Adjustor Score in the Auckland region, were misleading. The Equity Adjustor Score is a system which uses five categories to place patients on the non-urgent surgical waitlist, including clinical priority, time spent waiting, location, deprivation level and ethnicity. Hawkesby made statements to the effect that the Score meant Māori and Pacific Peoples were being ‘moved to the top of surgery waitlists’. The Authority found the comments to be materially misleading in relation to the nature and impact of the Score, as they gave the impression that ethnicity was the only, or the key factor, involved in the assessment, and that Māori and Pacific patients would be given immediate precedence on the surgical waitlist as a result, when this was not the case....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – Pacific correspondent updated situation in Fiji – allegedly unbalanced and inaccurate Findings Principle 4 (balance) – programme was not a discussion of a controversial issue – standard did not apply – not upheld Principle 6 (accuracy) – four inaccurate statements – upheld No Order This headnote does not form part of the decision. Broadcast [1] On 7 March 2008 on Radio New Zealand National, the host of the Nine to Noon programme interviewed Pacific correspondent Michael Field, who was asked to give an update on what had been happening in Fiji. Mr Field stated that the situation in Fiji was "progressively getting worse" and that Commodore Voreqe Bainimarama was showing "all the signs of true military dictatorship"....

ComplaintMorning Report – presenter stated "To Israel […] and the streets of Bethlehem" – inaccurate FindingsPrinciple 6 – implication that Bethlehem in Israel – inaccurate – uphold No Order This headnote does not form part of the decision. Summary [1] On Morning Report broadcast on National Radio on 24 December 2002 at approximately 7. 50am, the presenter stated "To Israel […] and the streets of Bethlehem…". [2] On behalf of the Palestine Human Rights Campaign (PHRC), David Wakim complained to Radio New Zealand Ltd, the broadcaster, that the comment was inaccurate, as Bethlehem was not in Israel. [3] In response, RNZ said that the item was not inaccurate, as there was no assertion on the part of the presenter, or in the item, that Bethlehem was in Israel....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes item – 84-year-old woman suffered fourth degree burns during cryosurgery in her mouth – caused by malfunctioning equipment – OSH prosecuted the oral surgeon but the case was dismissed – item reported expert evidence that equipment should have been serviced annually, but had not been serviced since 1974 – surgeon granted name suppression – viewer feedback on a subsequent programme described surgeon as a “mongrel” who should have his name published on the internet – allegedly unbalanced, inaccurate, unfair and in breach of law and order – broadcaster upheld balance complaintFindingsStandard 2 (law and order) – breaches of name suppression order outside Authority’s jurisdiction – decline to determine – did not encourage viewers to publish name – not upheld Standard 4 (balance) – action taken by broadcaster was sufficient – not upheld Standard 5 (accuracy) – three matters misleading and inaccurate –…...

Download a PDF of Decision No. 1991-014:Housing Corporation of New Zealand Ltd and Television New Zealand Ltd - 1991-014 PDF528. 83 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on likely ban of guided heli-hunting on conservation land – contained file footage of commercial deer recovery – footage allegedly inaccurate, misleading and unfair FindingsStandard 5 (accuracy) – footage of commercial hunting would have misled viewers to believe that it applied directly to the story – footage should have been explained to ensure that viewers understood it related to commercial hunting which is a completely different industry to heli-hunting – broadcaster did not make reasonable efforts to ensure that the item did not mislead – upheld Standard 6 (fairness) – commercial hunting industry was not an “organisation” for the purposes of the standard – not upheld No Order This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]Paul Henry featured an interview with the president of the Police Association about assaults on police and the debate about whether to arm front-line police officers with tasers. Towards the start of the interview, Mr Henry said, ‘The numbers are truly extraordinary, aren’t they? Violent attacks on police officers are definitely going up’. The Authority upheld a complaint that this comment was inaccurate, as the number of assaults on police officers was actually decreasing. However, it did not uphold a complaint that the item was unbalanced, as MediaWorks made reasonable efforts to provide balance on the issue of taser carriage by police within the period of current interest....

Summary[This summary does not form part of the decision. ] During an item on Seven Sharp, broadcast on 23 August 2017 during the election period, the presenters discussed TVNZ’s ‘Vote Compass’, a tool available to assist the New Zealand public to make voting decisions. In response to comments by presenter Toni Street about the usefulness of the tool, presenter Mike Hosking said, ‘…so is the fact that you can’t vote for the Māori Party because you’re not enrolled in the Māori electorate, so what are you going to do now? I’m joking....

The Authority upheld a complaint from ANZ Bank New Zealand Ltd (‘ANZ’) that an item on Seven Sharp was inaccurate and misleading. The item concerned a customer who had had a dispute with the bank and in December 2018 entered an ANZ branch and pretended he had a bomb. The Authority agreed that the item breached the accuracy standard as it created a misleading impression that the customer was paid a settlement as a result of his actions at the bank, when in fact the dispute had been settled and he had received a settlement payment months earlier. The Authority considered the question of whether the item undermined law and order to be borderline. The broadcaster took a light-hearted human interest approach to a serious story, and the item risked encouraging and promoting illegal activity....