Search Rapua

This decision was successfully appealed in the High Court: CIV 2008-485-24 PDF82. 96 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989The Complaint During a Close Up item about the "naming and shaming" of drunk drivers by a Wellington newspaper, a woman was approached outside court after being convicted of her second drink driving offence. Although the woman declined to be interviewed for fear of losing her job, she was shown running down the street to get away from the reporter, and her age, marital status and salary were reported. Her face was initially pixelated but she was "unmasked" and named later in the item. David and Heather Green objected to the woman's treatment. They said the item had imposed an extra penalty over and above that imposed in the courtroom, and was unfair....

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Tagata Pasifika – reported on One News investigation into criminal gangs, drugs and weapon smuggling in Samoa – allegedly in breach of law and order, balance, accuracy and fairness standards Findings Standard 4 (balance) – items discussed controversial issue of public importance – only presented one perspective, that the situation in Samoa was extremely serious – viewers needed information about the gravity of the problem in a wider context and from other perspectives – upheld Standard 5 (accuracy) – reporter accurately reported what she was told by the “Makoi boys” but under the circumstances should have questioned their reliability and made efforts to corroborate what they said – complainant’s other concerns appropriately dealt with under balance – one aspect upheld Standard 6 (fairness) – “Makoi boys” did not understand the nature of the programme or their proposed contribution – upheld – programme…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – Devlin Live – comments by host about proposal to open a house for psychiatric patients in a Wellington suburb without telling residents – criticised the Mental Health Commission – said decision was “as loco and loopy as the people they’re trying to place in the community” – allegedly in breach of good taste and decency, unbalanced, inaccurate, unfair, and in breach of social responsibilityFindingsPrinciple 1 (good taste and decency) – subsumed under Principles 5 and 7Principle 4 (balance) – subsumed under Principles 5, 6 and 7Principle 5 (fairness) – unfairly criticised Mental Health Commission for a decision it did not make – not unfair to mental health patients – would not have caused panic or alarm – one aspect upheldPrinciple 6 (accuracy) – accuracy standard applied to talkback host’s remarks – inaccurately attributed responsibility for acute facility to…...

Summary [This summary does not form part of the decision. ]Seven Sharp featured a story about two local residents, labelled ‘herb detectives’, who were determined to track down the man they believed was responsible for stealing their herbs. The reporter and the ‘herb detectives’ visited the local market looking for the alleged thief and spoke to a woman, Shunfang Shen, who was selling herbs. The reporter asked Mrs Shen where her herbs were from, and one of the residents said, ‘It looked very much like my mint. ’ The Authority upheld a complaint from Mrs Shen that the action taken by TVNZ, in upholding her complaint that the item was inaccurate and unfair, was insufficient. The Authority acknowledged that TVNZ attempted to remedy the breach of standards, including by broadcasting a correction several days after the item....

Summary[This summary does not form part of the decision. ]On 18 March 2017, RNZ reported on allegations made by the Board of Trustees at Salisbury School, a Nelson school for girls with complex learning needs, that the Ministry of Education (Ministry) had actively discouraged parents from enrolling children at the school so that it could be closed. On 31 March and 6 April 2017, RNZ broadcast a series of items about an alleged lack of funding, resources and support for Northland teachers struggling to cope with violent and disruptive children. The Authority upheld aspects of a complaint from the Ministry that RNZ’s coverage of these issues was unfair and unbalanced....

The Authority has upheld a complaint that an item on Fair Go was unfair to the fencing contractor investigated. The Authority found that the fencing contractor was not treated fairly, due to the way he was set-up to be interviewed (under the guise of calling him to a job) and because he was not given a fair and reasonable opportunity to respond to the allegations made against him in the programme. The Authority also found that the inclusion of information about the contractor’s past which had a criminal element was unfair as it was not relevant to the issues being investigated in this item and contributed to an unfairly negative impression of him. The accuracy complaint was not upheld as the item did not mislead or present inaccurate information, and the balance standard did not apply as the item did not discuss a controversial issue of public importance....

SummaryThe action of the police in Christchurch in shooting and wounding a person with a shotgun was covered in an item on 3 News at 6. 00pm, and again on Nightline at 10. 30pm, on 27 August 1998. During the item, a reporter attempted to interview a flatmate of the gunman. However, the reporter said, the flatmate indicated that he had been paid to talk exclusively to another news organisation. When the flatmate was heard to tell the reporter that he had received "a few thousand dollars" to talk only to the other news organisation, a shot of a vehicle marked "One Network News" was shown. Television New Zealand Ltd, which produces One Network News, complained to TV3 Network Services Ltd, the makers of 3 News and Nightline, that the items were inaccurate and unfair. Further, it complained that although TV3 news had been advised by 9....

The Authority has upheld part of a complaint about satirical comedy series, James Must-a-pic His Mum a Man, finding it was unfair to the complainant, James Mustapic’s father, and action taken by the broadcaster (having upheld two aspects of the fairness complaint) was not sufficient to remedy potential harm to the complainant. Comments were made throughout the series which the Authority found created a negative impression of James’ father and had the potential to adversely affect him and his reputation – meaning the broadcaster should, in the interests of fairness, have informed him of the nature of the programme and his participation prior to broadcast....

Summary[This summary does not form part of the decision. ]An episode of the radio documentary series, Insight, titled ‘Will cameras end commercial fish dumping’, discussed the issue of whether the quota management system (QMS) was contributing to illegal fish dumping practices in the commercial fishing industry and whether camera monitoring could be used to improve this issue. The episode featured an interview with Dr Russel Norman, the Executive Director of Greenpeace NZ, who described a camera monitoring trial run by the Ministry for Primary Industries (MPI) and undertaken by Trident Systems (Trident) and an independent research company, Archipelago. Dr Norman said that, during the trial, Archipelago found ‘lots of illegal behaviour, dumping, killing of Hector’s dolphins’, while Trident ‘found nothing’. Dr Norman then suggested that MPI awarded a contract to Trident for filming of a commercial fishery because of these results....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

Summary An item entitled "Prisoner of Law" examined the situation of a solo New Zealand mother who had given birth to a child in Sydney. It explained that in order to maintain custody of her child, she was required by the Australian Family Court to live in Sydney. The programme was broadcast on TV3’s 20/20 at 7. 30pm on 13 June 1999. Mr Tichbon complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced. It contravened the standards, he wrote, as the father was not asked for his perspective. Furthermore, Mr Tichbon added, the father was secretly filmed at the handover of the child. Explaining that the intention of the item was to illustrate the mother’s predicament and to question the law, TV3 denied that the father was vilified or portrayed as a bad father....

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – discussed “the model who can’t go to fashion week because she’s too big” – interviewed the model and her mother as well as the manager of her modelling agency – allegedly unbalanced, inaccurate and unfair FindingsStandard 5 (accuracy) – item created clear impression that Nova was not putting forward the model for work because of her hip size – viewers would have been misled by the omission of other reasons including the model’s refusal to work for Nova – upheld Standard 6 (fairness) – broadcaster did not deny that Nova’s manager explained the other reasons in his interview – those reasons were not included in the story – unfair – upheld Standard 4 (controversial issues – viewpoints) – story focused on one individual – no discussion of a controversial issue of public importance – not upheld No Order This headnote does not form…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item reported ongoing dissension at the Berakah Retreat among some members as to action which had been taken about a former member who had abused children – former member had been dismissed from Retreat and parents did not press charges – complainant responsible for oversight of Retreat – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – suggestion that Trust acted largely to protect its own reputation – use of Ku Klux Klan imagery – use of secret recording of meeting and imagery used – accumulation of matters – majority decision that it was unfair – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – omission of full reasons for dismissal of dissident members not misleading given item’s focus – other omissions dealt with as fairness issues – not upheldNo…...

Complaint Sunday – item on Maui’s dolphins and introduction of set net ban – unfair and unbalanced FindingsStandard 4 – views of those opposed to the set net ban balanced against those in support – issues raised about treatment of complainants best assessed under Standard 6Standard 6 (preparation) – no evidence of assurances about scope of programme – not unfair – not upheldStandard 6 (presentation) – complainants’ position presented out of context – failure to mention alternative management plan unfair to complainants – upheld OrdersBroadcast of statement $2000 contribution towards complainants’ legal costsThis headnote does not form part of the decision Summary [1] An item about Maui’s dolphins explained that the species was in danger of extinction. It described set net fishing as the “single largest threat to [the] animal’s continued existence” and discussed the imminent Government ban on set net fishing....

This decision has been amended to remove the names of persons who were not a party to the complaint....

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…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Groove in the Park – text messages ran across the bottom of screen during broadcast of live music event on Waitangi Day – contained content which the complainant found offensive – allegedly in breach of good taste and decency, contrary to children's interests, denigratory and in breach of promotion of liquor standardFindingsStandard 1 (good taste and decency) – use of expletives in graphic sentences was contrary to the observance of good taste and decency – upheldStandard 6 (fairness) and guideline 6g (denigration) – text messages encouraged denigration of and discrimination against sections of the community based on race – upheldStandard 9 (children’s interests) – broadcast was G-rated and children likely to be watching on a public holiday – content highly unsuitable for children – upheld Standard 11 (liquor) – unable to determine in the absence of a recording – decline…...