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• Auckland - 3-4.30pm on Wednesday 16 November
• Wellington - 2-3.30pm on Wednesday 23 November

Latest Decisions

A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the reporter’s statements about the referendum regarding the establishment of a Māori ward were inaccurate. While several of the reporter’s statements could be seen to conflate the issues about representation, the surrounding statements clarified what was being discussed so viewers would not have been misled. In the context of the item, these statements did not reach the threshold for breaching the accuracy standard.

Not Upheld: Accuracy

Read our media release on this decision here.

A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the presenter’s editorial comments following the item were unbalanced, inaccurate and unfair. In making its decision, the Authority acknowledged the influential position of the presenters, but found that alternative views were conveyed during the item and in subsequent items during the period of current interest. The presenters’ comments were their opinion and analysis of the issues discussed, rather than statements of fact, so they were not subject to the accuracy standard. The item was not unfair to Mr Judd, as any criticism of his views or actions was in relation to his public, elected role, in which he could reasonably be expected to be subject to scrutiny. Mr Judd was presented positively throughout the item and the presenters’ disagreement with his position did not result in him being treated unfairly.

Not Upheld: Balance, Accuracy, Fairness

Read our media release on this decision here.

A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the item lacked balance and was misleading by failing to accurately present the perspective of the New Plymouth public who were opposed to Mr Judd’s proposed reforms. While it was framed primarily as a profile piece on Mr Judd, the item’s discussion of the proposed Māori ward triggered the requirement for balance. Sufficient balance was provided by Mr Hosking in both the item itself and in a follow-up item, as he gave the alternative viewpoint that a specific Māori ward may be undemocratic. While several of the reporter’s statements could be seen to conflate the issues about representation, the surrounding statements clarified what was being discussed so viewers would not have been misled. In the context of the item, these statements did not reach the threshold for breaching the accuracy standard.

Not Upheld: Balance, Accuracy

Read our media release on this decision here.

Lee and MediaWorks TV Ltd - 2016-044

An episode of The Nation discussed whether colonial figures were still worthy of commemoration, particularly when their actions were re-evaluated against 21st century values. An edited version of the report also appeared on Newshub. Both items featured excerpts from an interview with historian, Dr Jock Phillips, who provided comments on a South Auckland memorial to Colonel Marmaduke Nixon. Dr Phillips described Colonel Nixon’s involvement in events that occurred at Rangiaowhia in 1864 as ‘an appalling act of genocide’ and ‘a terrible atrocity’. The Authority did not uphold a complaint that the items lacked balance and were inaccurate. The items did not purport to provide a comprehensive examination of what occurred at Rangiaowhia. Rather, this incident was used as one example in the context of a wider debate over whether New Zealand’s colonial figures were still deserving of such memorials, and alternative viewpoints on the incident were therefore not required. The Authority found that Dr Phillips’ comments could be distinguished from the rest of the item as statements of analysis, comment or opinion, rather than statements of fact that were required to be accurate.

Not Upheld: Balance, Accuracy

Read our media release on this decision here.

Turner and Television New Zealand Ltd - 2016-061

A ONE News item reported on a local murder trial and included footage of a witness giving evidence in court. The witness was named but his face was not shown and his voice was disguised. The Authority did not uphold a complaint from a member of the public that the item breached the witness’s privacy. While he was identifiable in the item, no private information was disclosed about him. The footage of the witness was taken during open court and there was no name suppression order in place. The evidence the witness gave at trial had already been widely reported by other media outlets at the time of broadcast. Therefore, the witness had no reasonable expectation of privacy over the information disclosed about him, and his privacy was not breached.

Not Upheld: Privacy

Sim and Television New Zealand Ltd - 2016-060

An item on ONE News discussed the difficulties first-home buyers face in attaining a Government HomeStart financial grant. At the end of the item, the reporter discussed the increase in the number of overseas buyers in Auckland. During this segment, footage of three people walking into an open home from the road was shown. At the end of the item, this group and one other individual were shown getting into a car parked in the street, with the number plate clearly visible. The Authority did not uphold a complaint that this footage breached the group’s privacy. While the individuals walking to the car were identifiable, none of their personal details were disclosed, and they had no reasonable expectation of privacy in the circumstances. Nothing was shown during the item which would not have also been visible to the public generally, as the individuals were in a public place.

Not Upheld: Privacy

Wellington Palestine Group and MediaWorks TV Ltd - 2016-048

Two items on Newshub reported on incidents of violence which occurred in the city of Hebron, in the West Bank, and in Jerusalem. The Authority did not uphold complaints from the Wellington Palestine Group that the items were inaccurate and misleading. The reporters’ references to Hebron in the West Bank, and to Jerusalem, were correct and there was no implication during either item that these events occurred in Israel, as alleged. The lack of an explicit reference to ‘Occupied Territories’ or to ‘Occupied Palestinian Territories’ did not result in the items as a whole being inaccurate or misleading.

Not Upheld: Accuracy

During The Edge’s Smash! 20 countdown show, a caller successfully answered a series of questions based on the songs in the countdown and won a prize. While taking the caller’s personal details, the announcer left the phone channel in ‘on-air’ mode and inadvertently broadcast the caller’s full name, address, school, date of birth and mobile number. The Authority upheld a complaint that the broadcast breached the caller’s privacy. The caller was clearly identifiable and disclosed a high level of personal detail on air, over which she had a reasonable expectation of privacy. The Authority acknowledged the caller’s disclosure was the result of an unfortunate technical error on the announcer’s part, and that the broadcaster took immediate actions to respond to the breach. The Authority did not make any order in these circumstances.

Upheld: Privacy

No Order

During Overnight Talk on Newstalk ZB, the complainant had a conversation with the host about greyhound racing in which he defended the activity and the use of live bait. The host responded that the complainant was ‘pathetic’ and ‘a very sick person’, among other things. The Authority did not uphold a complaint that the host had offended the complainant on the basis of his Australian Aboriginal culture. The host’s comments to the complainant had no relation to his culture, and were not otherwise unfair. The comments were typical of the robust and opinionated nature of talkback radio, where callers can reasonably expect hosts to disagree with their views, sometimes in a strong and confrontational manner. They were made in response to the complainant’s views on the use of live bait in greyhound racing, which he was given a fair opportunity to express during the conversation.

Not Upheld: Fairness

Hosts on The Morning Sound radio show discussed the news that the Tui Brewery at Mangatainoka had made a number of workers redundant. The hosts commented that the Brewery was where the ‘pretty’ and ‘hot girls’ worked and expressed their concern about them being ‘laid off’, making comments such as, ‘All the pretty girls are going...’, ‘I hope they don’t get rid of any of the hot girls’, and ‘I don’t know if I can drink the beer if it’s not had the ladies’ touch.’ The Authority did not uphold a complaint that this discussion was denigrating or discriminatory towards any female workers made redundant, or to women generally. The hosts were clearly referring to a series of satirical Tui television advertisements, which depicted the Mangatainoka Brewery as being run by women. In any event, any female workers who may have been made redundant were not a section of the community covered by the standard.

Not Upheld: Discrimination and Denigration

The complainant made a formal complaint about a programme broadcast on Radio Virsa. He also sent a second ‘updated complaint’ which referred to repeat broadcasts of the programme the following day. Radio Virsa declined to accept and consider the complaints on the basis the initial complaint was made outside of the 20-working-day timeframe for making a formal complaint, and the ‘updated complaint’ did not sufficiently convey that it related to repeat broadcasts the following day. The Authority found that a valid formal complaint was not made. Radio Virsa was therefore not required to accept and consider either complaint, and the Authority does not have jurisdiction to now accept and consider the matter.

Declined Jurisdiction