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Summary[This summary does not form part of the decision. ]An item on 1 News reported on an influx of refugees and migrants crossing the border from the United States of America (US) into Canada to claim refugee status. The reporter said that this influx was due to uncertainty after the election of Donald Trump as President, and a ‘loophole’ in the law which meant that ‘if a person can make it onto Canadian soil, they’re able to claim asylum’. The Authority found that the term ‘loophole’ was a reasonable description of a gap in the 2004 Canada-US Safe Third Country Agreement, in which refugee claimants seeking entry into Canada by crossing the border illegally would not be turned back to the US (as the first safe country), but rather arrested and allowed to claim refugee status in Canada....

Summary[This summary does not form part of the decision. ]An item on ONE News discussed further charges laid against a man accused of a double shooting in South Auckland. During the item, images of the crime scene were shown, including footage of blood on a pavement. The Authority did not uphold a complaint alleging that the footage of blood breached the privacy of those involved (ie, the surviving victim and the victims’ relatives or friends), and that the footage would have disturbed young viewers. No individuals were identified during the broadcast, including the surviving victim or either of the victims’ relatives or friends. In addition, the image of blood was brief and was not graphic or explicit, and viewers could reasonably expect that a news broadcast reporting on a double shooting might contain some footage relating to the crime....

Download a PDF of Decision No. 1991-052:Collins and Television New Zealand Ltd - 1991-052 PDF521. 77 KB...

Download a PDF of Decision No. 1990-028:Bartlett (on behalf of the Society for Protection of Community Standards) and Television New Zealand Ltd - 1990-028 PDF1. 26 MB...

Download a PDF of Decision No. 1993-043:Edwards and Television New Zealand Ltd - 1993-043 PDF444. 79 KB...

Download a PDF of Decision No. 1993-175:Leitch and Television New Zealand Ltd - 1993-175 PDF576. 5 KB...

Download a PDF of Decision No. 1992-078:Toomer and Television New Zealand Ltd - 1992-078 PDF270. 33 KB...

Diane Musgrave declared a conflict of interest and did not participate in the determination of this complaint....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-104 Dated the 10th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CANTERBURY HEALTH LIMITED of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – item featured a skit in which an actor pretending to be a TV presenter interviewed “Ray”, the stingray that killed prominent Australian Steve Irwin – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – skit clearly satirical – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme Facelift, broadcast on TV One at 10. 10pm on 10 September 2007, featured a skit of the Campbell Live show in which an actor pretending to be a TV presenter interviewed “Ray”, the stingray that killed prominent Australian Steve Irwin. During the skit, the actor playing the stingray discussed how he had not meant to kill Mr Irwin, and coughed up a piece of khaki clothing (Mr Irwin’s regular attire)....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – comment that an earthquake had occurred “just after sunrise” – complaint that earthquake was at least one hour and 45 minutes after sunrise – allegedly inaccurateFindings Standard 5 (accuracy) – figure of speech – introductory comment only – not presented as a statement of fact – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up on TV One at 7pm on 21 January 2005 described an earthquake which had been felt in the Wellington district that morning. The presenter said “the big ‘quake struck just after sunrise”. Complaint [2] Donald McDonald complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and in breach of Standard 5....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-027 Dated the 20th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MIKE GIBSON of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-126 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PATRICK CURRAN of Levin Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989My Wife and Kids – adult character made references to sex life – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) and Standard 9 (children’s interests) – programme contained oblique and light-hearted sexual innuendo – mild sexual banter would have gone over the heads of younger viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of My Wife and Kids was broadcast on TV2 at 5. 30pm on Wednesday 11 February 2009. At the beginning of the programme, a family were shown sitting around their kitchen table eating when the mother announced that she wanted to open her own restaurant. The children left the room and the mother and father were left sitting at the table....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about a painting by Philip Clairmont called “The Possum” – discussed who owned the painting, the authenticity of the signature and whether it was intended to be sold as a serious work – included interviews with Mr Clairmont’s son, ex-partner and one of his friends – allegedly in breach of law and order, privacy, balance, accuracy and fairness Findings Standard 6 (fairness) – item treated the complainant fairly – not upheld Standard 5 (accuracy) – accurate to state that the complainant had made thousands from the sale of Clairmont artworks – decline to determine under section 11(b) whether the signature was genuine – item did not imply that complainant had forged the signature – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity –…...

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Fear Factor – reality programme in which contestants take part in repellent or frightening activities – contestants were required to tread in a vat containing live earthworms and were required to drink worm “juice” – allegedly offensive and not in interests of childrenFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheld Standard 9 (children’s interests) and Guideline 9e – earthworms not animals under Guideline 9e – S1930 rating imposed by broadcaster indicated that children’s interests were acknowledged – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Fear Factor was screened at 7. 30pm on TV2 on 2 March 2004. The broadcaster described Fear Factor as a “reality” programme in which the contestants are challenged to take part in repellent and frightening activities....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that the average difference between men’s and women’s weekly pay was 31 percent – allegedly in breach of accuracy FindingsStandard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 14 December 2009, examined the issue of gender pay equity in New Zealand. The reporter interviewed a pay equity expert, who stated that “the gender pay gap here in New Zealand is actually wider than most people think. The average difference between men’s and women’s weekly pay is 31% this year....

The Authority did not uphold a complaint that a Seven Sharp item referring to Wilson Parking breached the accuracy and fairness standards. The item covered a dispute between a carpark customer and Wilson Parking. A Fair Go consumer advocate also provided general advice to people about their rights in relation to parking fines. In the context of providing general information to viewers from a consumer advocacy perspective, the advice did not breach the accuracy standard. The Authority also found the broadcast did not breach the fairness standard. It noted that Wilson Parking had been given an opportunity to comment on the specific customer’s situation and, as a multinational company, could reasonably have been expected to be aware that the programme would use the specific situation to discuss the company’s wider operations. It could have expanded the statement provided to the broadcaster.   Not Upheld: Accuracy, Fairness...