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Decisions
Whyte and Televison New Zealand Ltd - 2012-070
2012-070

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on “skimming” scheme in which accused allegedly “fleeced money from customers who used eftpos machines inside at least one Auckland business” – referred to and showed footage of the “Brooklyn Bar” in Auckland where, according to one customer, he had his card “skimmed” – allegedly in breach of standards relating to accuracy and fairnessFindingsStandard 6 (fairness) – item wrongly identified the Brooklyn Bar as having been targeted by the fraud – Brooklyn Bar was singled out and was the only business identified, which was unfair and created the impression the business was unsafe – reporter should have obtained verification from the complainant who owns the bar – complainant not provided with a fair and reasonable opportunity to comment and correct information – complainant and his business treated unfairly – upheldStandard 5 (accuracy) – item created misleading impression that…...

Decisions
Ministry of Education & I.D.C. New Zealand Ltd and Mediaworks TV Ltd - 2019-101 (29 June 2020)
2019-101

The Authority has found that a segment on Newshub regarding the sale of a report summarising data received from schools in a survey run by the Ministry of Education and I. D. C. New Zealand Limited breached the accuracy standard. The item reported on concerns of the New Zealand Educational Institute and survey participants regarding the sale of the report to Microsoft and Google. The Authority found that the statement ‘sensitive, private data about schools and their students pawned off to private companies by Chinese data giant’, which was included in the item, was materially inaccurate and likely to mislead viewers given the data contained in the report was anonymised and aggregated. The Authority also found the broadcaster did not make reasonable efforts to ensure that the relevant statement was accurate and did not mislead. Upheld: Accuracy No orders...

Decisions
Bay of Plenty District Health Board and Television New Zealand Ltd - 2011-154
2011-154

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Karere – item reported on the alleged closure of Whakatane Hospital’s Microbiology Department and the movement of all microbiology services to Tauranga – allegedly inaccurate FindingsStandard 5 (accuracy) – item was inaccurate and misleading in creating the impression that Whakatane Hospital’s Microbiology Department was closing down and all microbiology testing services were being moved to Tauranga – broadcaster did not make reasonable efforts to ensure that item was accurate and did not mislead – upheld No Order This headnote does not form part of the decision. Introduction [1] An item on Te Karere, broadcast on TV One on 4 October 2011, reported on the alleged closure of Whakatane Hospital’s Microbiology Department and the movement of all microbiology services to Tauranga....

Decisions
Three Complainants and MediaWorks TV Ltd - 2017-100 (18 April 2018)
2017-100

Summary [This summary does not form part of the decision. ] During The AM Show, host Duncan Garner and then Newshub political editor Patrick Gower discussed various policies the new Labour Government was considering implementing, as well as legislation it planned to change or repeal. Discussing the ‘three strikes’ law, Mr Gower referred to one of the complainants, Mr Garrett, who was involved in introducing the law, and stated, ‘turned out that he had been stealing dead babies’ identities himself before he came into Parliament’. Mr Garner later clarified that it was ‘one dead baby’. The Authority upheld three complaints that the segment was inaccurate and unfair to Mr Garrett. While the broadcaster acknowledged the statement was inaccurate, the Authority found Mr Garner’s correction was dismissive and perfunctory, and insufficient to correct the error....

Decisions
Calcinai and Adams and Television New Zealand Ltd - 2005-051
2005-051

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and Tonight – allegations of gang-related bullying at Taradale High School – item reported that petition given to school board by students – reported that petition was against bullying and sought to have students responsible removed – One News referred to troublemaking students as “Black Power bullies” – Tonight referred to them as “Black Power babies” – allegedly in breach of standards relating to balance, accuracy, fairness and children’s interestsFindingsMr Calcinai’s complaintStandard 5 (accuracy) – item implied that Board of Trustees took no action until presented with students’ petition – inaccurate – petition did not request board to remove students referred to as “Black Power babies” – inaccurate – situation described as “bullying” – was in fact two conflicting parties – not made clear in item – inaccurate – upheld Standard 6 (fairness) – unfair to school’s reputation to suggest gang-related…...

Decisions
Brereton and Television New Zealand Ltd - 2007-049
2007-049

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item discussing possible organised crime involvement in the black market tobacco trade – interviewed tobacco growers – one interviewee stated that he was no longer growing tobacco, but aerial footage of his property showed that he was – allegedly unbalanced, inaccurate, unfair and a breach of privacy Findings Standard 3 (privacy) – broadcast did not disclose any private facts about the complainant – not upheldStandard 4 (balance) – broadcast did not discuss a controversial issue of public importance – balance standard did not apply – not upheldStandard 5 (accuracy) – two aspects of the item inaccurate, but not significant in the context of the item overall – upheldStandard 6 (fairness) – not unfair to the complainant or to another interviewee – not upheld No Order This headnote does not form part of the decision....

Decisions
Ministry of Social Development Te Manatu Whakahiato Ora and Television New Zealand Ltd - 2004-067
2004-067

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item about Work and Income computer error leading to disclosure of information about some Work and Income clients, and ramifications for beneficiaries – allegedly sensationalist, unbalanced, inaccurate and unfairFindings Standard 2 (law and order) – subsumed under Standard 6 Standard 4 (balance) – Ministry’s position not adequately presented – upheld Standard 5 (accuracy) – item contained many inaccuracies – upheld Standard 6 (fairness) – item unfair to Ministry and its chief executive – upheldOrder Broadcast of a statement This headnote does not form part of the decision. Broadcast {1} An item on One News, broadcast on TV One on 27 November 2003, reported on a computer error made by Work and Income, a division of the Ministry of Social Development, which had caused some information about some Work and Income clients to be sent to other clients....

Decisions
Ministry of Social Development and Television New Zealand Ltd - 2009-054
2009-054

Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – item featured a man who had been made redundant – claimed he was not eligible for the Government’s ReStart package – allegedly inaccurate FindingsStandard 5 (accuracy) – item inaccurate in stating that the man was not eligible for ReStart – also omitted the fact that the man received holiday pay which meant he was effectively on full pay until a week before ReStart payments began – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 29 January 2009, featured a man who had been made redundant from his printing job and now found that his redundancy pay was dwindling and he was struggling to buy food and pay bills....

Decisions
Williams and Wilkinson and TVWorks Ltd - 2009-113
2009-113

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…...

Decisions
Pryde and Radio New Zealand Ltd - 2008-040
2008-040

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"....

Decisions
Bainimara and TV3 Network Services Ltd - 2001-042, 2001-043
2001-042–043

Complaint3 News – armed gunmen in Fiji – new uprising or old army exercise? – developing news or old footage? – inaccurate and misleading – caused tourists to cancel trips to Fiji FindingsStandard G1 – inaccurate description of event as "latest incident" – uphold Standards G2, G6, G11, G14, G15, G16, G21 – overall, items not unbalanced or misleading or causing unnecessary panic alarm or distress – no uphold No Order This headnote does not form part of the decision. Summary Footage of Fijian men firing automatic rifles inside an Indian school complex in Labasa on the Fiji island of Vanua Levu, was the subject of two separate news items broadcast on 3 News at 6pm. The first news item, broadcast on 29 November 2000, referred to the footage as "the latest incident" in a terror campaign against Indian villagers....

Decisions
Action For Smokefree 2025 and Discovery NZ Ltd - 2024-070; 2024-071 (26 March 2025)
2024-070; 2024-071

The Authority has upheld two complaints from Action for Smokefree 2025 (ASH) about two items on ThreeNews reporting concerns about ASH, including alleged conflicts of interest and its stance on vaping. The Authority agreed the first item (26 July 2024), presented as a ‘special investigation’ into concerns about alleged links between ASH and the ‘pro-vaping’ lobby in Australia, breached the fairness, balance and accuracy standards: the reporter did not fairly inform ASH about the nature of the story or ASH’s contribution to it; ASH’s comments on the issues were not fairly presented, meaning the item was unbalanced; and, collectively, a number of statements and the presentation of ASH’s position created a misleading and unfairly negative impression of ASH....

Decisions
Bolton and Radio New Zealand Ltd - 2009-097
2009-097

An appeal against this decision was allowed in the High Court and the complaint was referred back to the Authority for reconsideration: CIV 2010-485-225 PDF136. 55 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday with Chris Laidlaw – host interviewed sociologist about anti-Semitic fringe groups in New Zealand that were seeking to deny or downplay the extent of the Holocaust – interviewee made statements about an individual who he said was a Holocaust denier – allegedly inaccurateFindingsStandard 5 (accuracy) – item was a factual programme – interviewee made statements of fact that were material to topic under discussion – accusations extremely serious – broadcaster did not make reasonable efforts to assess the veracity of the accusations – upheld by majorityNo OrderThis headnote does not form part of the decision....

Decisions
Gough and TVWorks Ltd - 2007-114
2007-114

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....

Decisions
Insurance Council of New Zealand and MediaWorks TV Ltd - 2014-146
2014-146

Summary [This summary does not form part of the decision. ] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unresolved insurance claims participated in the programme. The Authority upheld a complaint that the broadcast breached the controversial issues and accuracy standards because the programme did not include the insurance industry's perspective and was misleading about the industry's willingness to participate in the programme. Upheld: Controversial Issues, Accuracy Order: Section 13(1)(a) – broadcast statement Introduction [1] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unsettled insurance claims participated in the programme....

Decisions
Davis and Radio New Zealand Ltd - 2019-061 (16 December 2019)
2019-061

The Authority has upheld one aspect of a complaint that an interview with Sir Andrew Dillon, the CEO of the UK’s National Institute for Health and Care Excellence (NICE) breached the accuracy standard. The Authority found that listeners were invited by the item to draw negative comparisons between the role and functions of NICE and of PHARMAC in the New Zealand context, which was misleading through the omission of relevant contextual information about the two agencies. The Authority did not uphold the complaint under the balance standard, as inviting a comparison of the two agencies did not amount to a discussion of a controversial issue to which the balance standard applied....

Decisions
Dujmovic and CanWest TVWorks Ltd - 2004-216
2004-216

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – documentary about Phenomena Academy in Fiordland – NZQA accredited institution that teaches how to be healthy and happy – questions raised as to whether students under undue influence from Academy’s founder Aiping Wang – focussed on experience of four former students who were critical of her methods – complaint made by general manager of Academy – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – Academy representatives given adequate opportunity to respond to the allegations – lengthy interviews with Aiping Wang and with complainant – views were clearly communicated – not upheld Standard 5 (accuracy) – two statements inaccurate – other statements not inaccurate – not unnecessarily alarmist – no evidence of lack of editorial independence – upheld on two aspects Standard 6 (fairness) – participants given adequate and reasonable opportunity to respond to allegations made – views were clearly…...

Decisions
New Zealand Dietetic Association and TVWorks Ltd - 2008-141
2008-141

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! – recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – however, broadcasters need to take special care when discussing medical conditions – statement about coconut oil misleading – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 30 September 2008 episode, broadcast at 7....

Decisions
Families Apart Require Equality Inc and TV3 Network Services Ltd - 1994-066
1994-066

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 66/94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FAMILIES APART REQUIRE EQUALITY INC (FARE) Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
The Māori Party and Raukawa FM - 2005-103
2005-103

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....

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