CURTIS NIXON AGAINST STUFF

Case Number: 2843

Council Meeting: NOVEMBER 2019

Verdict: No Grounds to Proceed

Publication: Stuff

Ruling Categories: Accuracy

Overview

CASE NO: 2843

RULING BY THE NEW ZEALAND MEDIA COUNCIL ON THE COMPLAINT OF CURTIS NIXON AGAINST STUFF

FINDING: NO GROUNDS TO PROCEED

DATE: NOVEMBER 2019

Curtis Nixon complained about a Stuff article published on October 16, 2019 under the headingFined by police for passing cyclists, hell from boy racers every night. He believed the story was inaccurate in the way it cited road law relating to the legality of crossing double yellow no-passing lines while passing a cyclist.

He said this was covered by two sections of the Land Transport (Road User) Rule. The article mentioned one section which suggests a motorist is allowed to pass a cyclist as long as there is good forward visibility of oncoming traffic because a cyclist is not a motor vehicle. However, the article did not mention another section which says a motorist must not use a lane to the right of a no-passing line.

Marc Greenhill of Stuff responded saying that they had advice from NZTA confirming that a cyclist is not a motor vehicle but obviously it remained the judgement of police whether a passing manoeuvre was performed safely or not. He also cited their advice that it often makes sense to cross the line to give more room to safely pass a cyclist.

Mr Curtis asked whether the Media Council was the proper place to adjudicate this as it was a point of law.

The Media Council does not determine points of law. If he wants to take issue with the NZTA’s advice to Stuff Mr Curtis should take it up with the NZTA.

No Grounds to Proceed

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