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Complaint3 News – shipment of nuclear waste – MOX fuel, not plutonium – not weapons grade – not for military use – misleading to imply shipment could be diverted for terrorist use FindingsStandard G14 – inaccurate, unfair, impartial – sources partial – implications not warranted on the facts – uphold OrderBroadcast of statement summarising decision This headnote does not form part of the decision. Summary Weapons-grade plutonium was being shipped through the Tasman Sea on its way to Japan, according to a news item on 3 News broadcast on 2 September 1999 at about 6. 30pm. It was suggested that Japan could use the plutonium for military purposes, and that the shipment’s passage posed a threat to New Zealand’s national sovereignty....

Complaint Target – test of mechanics attending breakdown and repairing a car’s cooling system – use of hidden camera – complainant most expensive repairer – insufficient explanation of reason for costs given – unbalanced – inaccurate – unfair FindingsStandards 4, 5, and 6 – consumer advocacy programme – complaint essentially that complainant not dealt with fairly – subsumed under Standard 6 – as with all other participants one of two manufactured faults not found – services otherwise good – adequate explanation given of invoice – no uphold This headnote does not form part of the decision. Summary [1] The hidden camera segment on Target on 22 September 2002 featured mechanics called to a simulated breakdown situation. The car in question had two manufactured faults. The four companies selected were rated according to their performance at the breakdown, the work on the repair, and their charges....

ComplaintTV One – coverage of Olympic Games opening ceremony advertised as being live – untruthful and inaccurate FindingsStandard G1 – implication perhaps misleading – no incorrect facts broadcast – no uphold This headnote does not form part of the decision. Summary The Olympic Games Opening Ceremony was broadcast on TV One on the evening of 14 September 2000. Advertising breaks were included during the programme. Bryan Bluck complained to Television New Zealand Ltd, the broadcaster, that the extensive advertising prior to the opening of the Olympic Games implied that the broadcast would be live. In fact, he said, after the first advertising break, it was a delayed telecast. He emphasised that his complaint was not that the programme contained advertising, but that the promotions had implied it would be a direct broadcast rather than a delayed one....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – weather item – after autumnal equinox the sun moves into the northern hemisphere – allegedly inaccurateFindings Standard 5 (accuracy) – colloquial phrase used to convey everyday attitude rather than technical information – not upheld This headnote does not form part of the decision. Broadcast [1] The weather announcer advised viewers of One News that, after the autumnal equinox, the sun moved back into the northern hemisphere. The statement was broadcast on TV One shortly before 7. 00pm on 20 March 2004. Complaint [2] Harry Evison complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate. The biblical notion of the sun “moving”, he wrote, was disproved by Copernicus in the 16th century and the statement made New Zealand look foolish in the eyes of viewers from overseas....

ComplaintAssignment – inaccurate, unbalanced, failed to respect principles of lawFindingsStandard G1 – no uphold Standard G4 – not unfairly treated in preparation of programme; possible inferences did not constitute unfairness in terms of broadcasting standards – no uphold Standard G5 – no upholdStandard G6 – overall not unfair, unbalanced or partial; a new perspective offered on a historical matter – no uphold This headnote does not form part of the decision. Summary An Assignment programme, broadcast on TV One on 30 March 2000 beginning at 8. 30pm, re-examined allegations that Dr William Sutch had engaged in espionage. According to the programme, despite his having been tried and acquitted, fresh evidence existed to show that there was doubt about the justice of the acquittal....

Summary[This summary does not form part of the decision. ]An item on Seven Sharp discussed the UK’s move to ban the sale of petrol and diesel cars by 2040, to encourage the use electric vehicles (EVs). Following the item, presenter Mike Hosking outlined the ‘hurdles’ to be overcome before a similar move could be made in New Zealand, stating that there was ‘no charging network’ in New Zealand and that the cost of EVs was ‘too high’. The Authority did not uphold a complaint that Mr Hosking’s statements were inaccurate and misleading. Noting that the accuracy standard does not apply to statements of analysis, comment or opinion, the Authority found that, in this case, Mr Hosking’s statements on the cost-effectiveness of EVs, and the lack of charging network in New Zealand, represented his own opinion and analysis on the topic, which viewers would not have expected to be authoritative....

The Authority has not upheld a complaint that a 1 News Covid Update broadcast breached the balance and accuracy standards by featuring modelling of the current COVID-19 outbreak provided by Professor Shaun Hendy. The Authority found the balance standard was not breached. While the item discussed the topic of COVID-19 modelling, which is a controversial issue of public importance, it was clearly signalled as approaching the topic from a particular perspective. Viewers could also reasonably be expected to be aware of alternative views from other coverage.  The accuracy standard was not breached as the modelling was analysis, comment or opinion and so was not subject to the standard. Not Upheld: Balance, Accuracy...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about person who agreed to sell a rural home before the Manawatu floods – reported that after the floods the home was condemned and vendor and purchaser cancelled the contract – complainant trading as RE/MAX Associates continued to claim agency fee – item questioned morality of real estate company’s claim and reported that the fee was later remitted – allegedly unbalanced, unfair and inaccurateFindings Standard 6 (fairness) – unfair to complainant not to obtain his response – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – in the interest of fairness, disputed issues would have clarified if been put to complainant for comment – essence of complaint dealt with under fairness – not upheldOrder Broadcast of statementThis headnote does not form part of the decision.…...

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about pyjamas purchased from The Warehouse that had ignited and burned a five-year-old boy while he was standing next to a gas heater – allegedly unbalanced, unfair and inaccurate – broadcaster upheld one aspect of accuracy – balance, fairness and dissatisfaction with action taken referred to AuthorityFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – action taken by broadcaster on aspect it upheld was sufficient – no other inaccuracies – not upheld Standard 6 (fairness) – unfair to The Warehouse in the preparation and presentation of the programme – upheld Orders Broadcast of a statement Payment of legal costs of $3,000This headnote does not form part of the decision....

ComplaintSunday – item about a dog attack on complainant’s daughter – interviewed two men who were the dog’s owners and who had pleaded guilty – questions raised about aspects of police case – unfair – unbalanced – inaccurate – dog owners' actions condoned FindingsStandard 2 and Guideline 2b – dog owners’ actions not condoned – no uphold Standard 4 and Guideline 4b – reasonable opportunities given to complainant to participate – no uphold Standard 5 and Guidelines 5d and 5e – two factual inaccuracies – park given incorrect name – upheld by TVNZ – colour of dog shown on police flyer not acknowledged as possibly incorrect – uphold – no other inaccuracies Standard 6 and Guidelines 6b, 6c and 6e – complainant advised TVNZ forcefully that he did not want to participate – late information included in item which created ambivalence but not put to complainant – not unfair in view of complainant’s stance…...

ComplaintOne News – item on Ngati Ruanui’s acceptance of Treaty of Waitangi claim settlement – conflicts of 1860s–1880s described as Taranaki Land Wars – description unfair and inaccurate – item biased FindingsStandard G1 – not a point of fact – no uphold Standard G6 – not unbalanced, unfair or impartial – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6pm on 12 April 2001 reported that Ngati Ruanui of South Taranaki had voted to accept a $41 million offer from the government to settle a Treaty of Waitangi claim dating back to the 1860s. During the course of the item, the conflicts of the 1860s-1880s were described as the Taranaki Land Wars....

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about dispute between unions and filmmakers in relation to the film The Hobbit – panel guest referred to John Key giving Warner Bros. 100 million dollars – allegedly inaccurate FindingsStandard 5 (accuracy) – programme consisted of commentary and opinion – panellist’s comments were clearly her opinion, not statements of fact – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] A “Panel” segment was broadcast during Afternoons with Jim Mora on Radio New Zealand National on the afternoon of 28 October 2010, in which the host discussed a number of topics with two guests. One of the topics was the dispute between unions and filmmakers in relation to the film The Hobbit, and the status of contractors compared with employees....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Fair Go – item on sales seminars run by Wenatex which sells beds – sales consultant shown saying in reference to her colleague, “he was in front of a wheelchair” – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 6 (fairness) – complainants were not given an opportunity to respond – unable to determine whether the editing of the footage was unfair as raw footage was destroyed, but still unfair overall – upheld Standard 3 (privacy) – HC was identifiable even though her face was blurred, due to her distinctive accent, clothing, and occupation – no interest in seclusion – public interest – not upheld Standard 5 (accuracy) – raw hidden camera footage unavailable – decline to determine OrdersSection 16(1) – costs to the complainants $8,740 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Noise Control and promo – followed noise control officers in Auckland – NCO called to a party – complainant shown in the background and speaking directly to the camera – allegedly in breach of privacy, fairness, accuracy and responsible programming standards Findings Standard 6 (fairness) – guideline 6c – complainant properly informed of the nature of his participation – item did not contain any unfair statements – complainant treated fairly – not upheld Standard 3 (privacy) – complainant identifiable but no private facts disclosed in the broadcast – complainant did not have an interest in solitude or seclusion – not upheld Standard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-117:Kerr and TV3 Network Services Ltd - 1993-117 PDF494. 67 KB...

Download a PDF of Decision No. 1991-042:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-042 PDF365. 34 KB...

Download a PDF of Decision No. 1990-026–027:New Zealand Business Roundtable and Treasury and Television New Zealand Ltd - 1990-026, 1990-027 PDF3. 73 MB...

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....