Search Rapua

Complaint under section 8(1A) of the Broadcasting Act 1989Sunday – item showed brief footage of a stolen car, including its number plate – allegedly in breach of privacy standardFindingsStandard 3 (privacy) – complainant and her husband were not identifiable through the footage of their car and number plate – no private facts were disclosed about the complainant or her husband that would be considered highly offensive to an objective reasonable person – item focused on the offender and how his background may have contributed to his offending – not upheld This headnote does not form part of the decision. Introduction [1] An item on Sunday profiled a young man who was a recidivist car thief and contained interviews with the man and with his family members about his background....

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. Summary[This summary does not form part of the decision. ]An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry, such as the impact of dairy farming on New Zealand waterways, abuse of bobby calves and financial struggles....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item examined the case of a South African man living in New Zealand who had been sentenced to manslaughter for the death of his daughter – suggested treatment by Immigration New Zealand contributed to his state of mind at the time of his accident – allegedly unbalanced Findings Standard 4 (balance) – item focused on an individual story and did not discuss a controversial issue of public importance – balance standard did not apply – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7. 30pm on 1 April 2007, examined the case of Garth Abbott, a South African man living in New Zealand, who had driven his car off Mount Wellington with his two young daughters inside....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – repeat episode at 7am on a Sunday morning – reported controversy over recent photographs in Pavement magazine – showed photographs of topless 19-year-old girl – allegedly in breach of children’s interests. FindingsStandard 9 (children’s interests) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat episode of the current affairs programme Sunday was broadcast on TV One at 7am on Sunday 29 October 2006. One item reported controversy over a recent magazine spread in Pavement magazine, which some people argued contained sexualised images of girls as young as 11 years of age. The programme featured photographs from the magazine, including several shots of a topless 19-year-old girl, and showed advertisements with models adopting suggestive poses....

Summary[This summary does not form part of the decision. ]An item on Sunday discussed AC/DC drummer Phil Rudd’s alleged unsafe sex practices with escorts. The Authority did not uphold a complaint that the item breached Mr Rudd’s privacy. The information disclosed during the item was already in the public domain and widely broadcast, so did not constitute private facts. The item also did not disclose any personal details about Mr Rudd for the purposes of encouraging harassment. Not Upheld: PrivacyIntroduction[1] An item on Sunday discussed former AC/DC drummer Phil Rudd and his alleged behaviour with escorts, in particular his unsafe sex practices. The item featured an interview with an anonymous former escort who had been hired by Mr Rudd. The item also showed images of the outside of Mr Rudd’s house and boat....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item examined crash of Silkair 737 in which all passengers and crew were killed – official investigation said cause unknown – decision widely criticised – view expressed by father of co-pilot that pilot deliberately crashed the plane – other comments in support – father’s theory examined fully – item advised that Indonesian Government reopened investigation and then decided not to proceed – allegedly unbalancedFindingsStandard 4 (balance) – item omitted credible alternative theory – upheldNo Order This headnote does not form part of the decision. Broadcast [1] The crash of a Silkair 737 in Indonesia in 1998 was reviewed from the perspective of the father (Derek Ward) of the New Zealand co-pilot, who died in the crash, in an item broadcast on Sunday on TV One at 7. 30pm on 20 June 2004....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – follow-up item on the use of sow crates in the pig farming industry – interviewed woman planning a whistle-blowing campaign offering rewards to farm workers for exposing cruel farming practices, and CEO of the New Zealand Pork Industry Board – allegedly in breach of law and order and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, glamorise or condone criminal activity – not upheld Standard 6 (fairness) – no evidence that interview with New Zealand Pork Industry Board CEO was unfairly edited – as industry advocate he should expect robust questioning on these issues – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7....

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of New Zealand’s dairy industry. The Authority did not uphold a complaint alleging that the item was unfair to the complainant and breached his and his employee’s privacy, and that the item was inaccurate and lacked balance. Neither RZ nor his employee was identifiable during the footage and they were not participants, or referred to, in the item. The item was also sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. Comments in the item that the complainant alleged were inaccurate were clearly opinion and analysis and thus not subject to the accuracy standard, and the item was not otherwise misleading....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – complainant was convicted of raping and abusing his daughter and sentenced to 14 years imprisonment – subsequent legal dispute between them about ownership of painting – daughter withdrew from proceedings which were resolved in complainant’s favour – item reported that complainant while in prison had then brought private prosecution for fraud against daughter arising from dispute over painting – item reported that daughter unable to get legal aid for painting dispute and required to sell her house – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – item not unbalanced – not upheld Standard 5 (accuracy) – item not inaccurate – not upheld Standard 6 (fairness) – item not unfair – not upheld The Authority declined to determine aspects of the complaint pursuant to section 11(b) of the Broadcasting Act 1989....

ComplaintSunday – investigation of Dr Richard Gorringe who had been found guilty of professional misconduct and disgraceful conduct through use of alternative medicines – biased – unfair – misleading FindingsStandard 4 – reasonable opportunities given – not unbalanced – no uphold Standard 6 – Dr Gorringe dealt with fairly as ample opportunity given to present views – no uphold This headnote does not form part of the decision. Summary [1] The use by Dr Richard Gorringe of alternative medicine, alongside conventional medicine, was investigated in an item broadcast on Sunday at 7. 30pm on TV One on 2 September 2003. Dr Gorringe had been found guilty by the Medical Practitioners Disciplinary Tribunal on two charges of professional misconduct and one of disgraceful conduct. [2] Margaret Kirk complained to Television New Zealand Ltd, the broadcaster, that the item was biased and unfair, and trivialised the work of Dr Gorringe....

Summary[This summary does not form part of the decision. ]Sunday focused on an initiative by a road safety organisation which creates images of car crash victims as they would appear now. One of the families taking part in this initiative lost their seven-year-old boy, who was killed by drink-driving teenagers 17 years earlier. The incident was briefly recounted, showing footage of the driver of the car and of several passengers. The Authority did not uphold a complaint that the item breached the privacy of the young people involved in the crash. The crash was a sufficiently serious and well-known event that the facts about it and the individuals' involvement had not become private again through the passage of time. The story carried high public interest and did not revisit the incident in a manner that would be considered highly offensive to an objective reasonable person....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from seven members of the public about an episode of Sunday, which investigated gay conversion therapy and whether this practice was happening in New Zealand. Three individuals were filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon the three individuals’ interest in seclusion. All three individuals were discussing a sensitive matter and could not have reasonably expected their one on-one conversation to be recorded in its entirety and broadcast. The Authority found that on its face the broadcast breached the privacy of these individuals....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. Summary[This summary does not form part of the decision. ]An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed alleged rape victim in high-profile police trials – discussed whether current system in New Zealand was fair to alleged rape victims – allegedly unbalanced Findings Standard 4 (balance) – item omitted crucial information about evidence in police trials which was highly relevant to the controversial issue under discussion – majority uphold No Order This headnote does not form part of the decision. Broadcast [1] An item on Sunday entitled “Justice Denied” was broadcast on TV One at 7. 30pm on 11 March 2007. The item looked at the issues raised by the acquittal of three former Rotorua police officers (Brad Shipton, Bob Schollum and Assistant Police Commissioner Clint Rickards) in respect of a historical rape allegation. The reporter noted that the three men had also been acquitted in the high profile rape trial involving Louise Nicholas....

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of the dairy industry in the Waikato region. The Authority did not uphold a complaint that the item was an unbalanced and inaccurate depiction of dairy farming, and breached a number of other broadcasting standards. The Authority found the item was sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. The item was not inaccurate or misleading in the ways alleged by the complainant; rather, it focused on instances of bad practice within the dairy industry and did not suggest these were commonplace. Furthermore, the item did not breach the privacy of a local farming family, as they were not identifiable or otherwise referred to in the footage....

The Authority has not upheld a complaint about a Sunday item questioning what legacy could be left behind by a (now shut) chemical plant in Paritūtū, New Plymouth, which produced 2,4,5-T, containing the contaminant TCDD. The complaint was that the item breached the accuracy and balance standards as it exaggerated the harms of the chemical to people and the environment, and took insufficient care to fully investigate non-expert comments of interviewees ‘in spite of adequate explanatory reports in the public domain. ’ Noting the high public interest and value in the item overall, the Authority found the segment was clearly presented as focusing on local residents’ perspectives of and concerns about the plant; the interviewees’ comments were clearly contextualised, and the item included references to reputable reports as well as appropriate comment from an expert in the area....

Summary [This summary does not form part of the decision. ]An item on Sunday reported on an incident in which an innocent civilian was attacked by a police dog when a police dog handler failed to follow correct protocol. The Authority did not uphold the complaint that the broadcast of footage of the dog handler, taken from another programme series, breached his privacy. A combination of factors meant that Mr Moore did not have a reasonable expectation of privacy with regard to the footage, including that it was filmed in a public place, and he had already consented to its release into the public domain as part of a reality television series. Not Upheld: Privacy Introduction[1] An item on Sunday reported on an incident in which an innocent civilian, X, was attacked by a police dog when a police dog handler failed to follow correct protocol....