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Decisions
Radisich and Television New Zealand Ltd - 2016-052 (2 December 2016)
2016-052

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on complaints by two families about the allegedly unsatisfactory supply and installation of their swimming pools, purchased from The Spa and Pool Factory (SPF). During the item, the reporter also noted that the Auckland Council was investigating SPF regarding ‘potentially fraudulent documentation’. The Authority did not uphold a complaint from the director of SPF that the item was inaccurate, unfair and in breach of his privacy. The broadcaster made reasonable efforts to ensure that the programme was accurate and did not mislead viewers, going directly to Mr Radisich and to Auckland Council to seek their comments on the issues raised....

Decisions
Hurley and Television New Zealand Ltd - 2016-083 (10 February 2017)
2016-083

Summary[This summary does not form part of the decision. ]An episode of the documentary series, The Hard Stuff with Nigel Latta, titled ‘The New New Zealand’, focused on the topic of immigration. The episode looked at common perceptions of immigration in New Zealand and featured interviews with the Chief Executive of Immigration New Zealand, an immigration consultant, two academic consultants and the Chief Economist at Business and Economic Research Limited (BERL), as well as a number of immigrants to New Zealand from China, India and the UK. The Authority did not uphold a complaint that alternative points of view were omitted from the item. This episode of The Hard Stuff carried high public interest and had high value in terms of the exercise of freedom of expression....

Decisions
Stewart and Television New Zealand Ltd - 2017-093 (16 February 2018)
2017-093

Warning: This decision contains language that some readers may find offensive. Summary[This summary does not form part of the decision. ]During an episode of the crime thriller series Paula, one of the characters used the phrase ‘Jesus fucking Christ’. The Authority did not uphold a complaint that the use of this phrase in the context of the programme breached the good taste and decency standard. The Authority acknowledged that many people may find this phrase offensive. However, taking into account the nature of the programme, the pre-broadcast warning for frequent use of coarse language, the Adults Only classification, the time of broadcast and audience expectations of the programme, the Authority did not consider the use of the phrase threatened community norms of taste and decency, or justified restricting the right to freedom of expression....

Decisions
Cave and Television New Zealand Ltd - 2020-013 (29 June 2020)
2020-013

The Authority has not upheld a complaint that news items on 1 News about New Year’s celebrations welcoming in 2020 were inaccurate when referencing the start of ‘the second decade’. The Authority found that the broadcast did not refer to ‘the second decade’, only ‘the new decade’. The reference to 2020 as the start of a new decade (when arguably the decade begins in 2021, as modern calendars began counting at 1) did not amount to a material inaccuracy for the purposes of the accuracy standard. The Authority also found that the broadcast’s references to ‘the new decade’ (and similar) were not inaccurate as the term has different meanings when used from calendrical and cultural perspectives. Not Upheld: Accuracy...

Decisions
Judge and Television New Zealand Ltd - 2016-068 (19 January 2017)
2016-068

Summary[This summary does not form part of the decision. ]An item on Seven Sharp discussed a five-week, outdoor ‘life skills’ camp held for high school students on Great Barrier Island. Footage of a sheep being restrained to be killed for food, the sheep’s dead body and blood, and the gutting of the sheep was shown. The Authority did not uphold a complaint that the killing of the sheep was ‘brutal’ and unacceptable for broadcast. While the footage was graphic and would not have appealed to all viewers, it was adequately signposted during the item, which enabled viewers to exercise discretion and decide whether to continue watching. The actual killing of the sheep was not shown, and the footage appeared to show standard, accepted practices of killing animals for food in New Zealand....

Decisions
Taylor and Television New Zealand Ltd - 2017-041 (24 July 2017)
2017-041

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....

Decisions
Ashurst and 10 Others and Television New Zealand Ltd - 2010-001
2010-001

Dated: 6 July 2010 Decision No:  2010-001 Complainants GILLIAN ASHURST of Canterbury MARIAN DEAN of Whanganui DR NANCY HIGGINS of Waikouaiti JANET HUTCHINSON of Hastings PETER LOVE of Featherston KAREN MCCONNOCHIE  of Auckland ROBERT PARAMO of Wellington PEOPLE FIRST NEW ZEALAND INC of Wellington MARK SHANKS of Kaitaia TREVOR SHASKEY of Gisborne G SNEATH of Auckland Broadcaster TELEVISION NEW ZEALAND LTD broadcasting as TV One                                   Members Peter Radich, Chair Tapu Misa Mary Anne Shanahan Leigh Pearson...

Decisions
Stockwell and Television New Zealand Ltd - 2009-078
2009-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Man Apart – movie about two American drug enforcement officers fighting an ongoing drug war on the California/Mexico border – contained violent scenes including shootings, car explosions and beatings – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards FindingsStandard 7 (programme classification) – majority of Authority considered the movie’s classification to be borderline but correct – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers by broadcasting the movie at 8. 30pm on a Saturday – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion when dealing with the issue of violence by broadcasting the movie at 8....

Decisions
Arnesen and Television New Zealand Ltd - 1997-100, 1997-101
1997-100–101

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-100 Decision No: 1997-101 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MURRAY ARNESEN of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

Decisions
Richards and Television New Zealand Ltd - 2008-052
2008-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the appointment of Vienna Richards as Niu FM’s news editor – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item discussed a controversial issue of public importance – focus of the item was the appointment and the perception it had created – Ms Moore’s comments were sufficient to answer the reporter’s questions – reporter did not need to interview Ms Richards or detail her experience in journalism – not upheld Standard 5 (accuracy) – item did not misled viewers by omitting information – not upheld Standard 6 (fairness) – complainant treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Edwards and Television New Zealand Limited - 1999-081
1999-081

Summary A character, "Xerox – Warrior Prince", in the "Serial Stuff" series in What Now, was portrayed eating some oversized food items. He also made some enthusiastic comments about food in skits in which he appeared. The actor who played the character had a larger build than the other actors. The programme was broadcast on TV2 on 14 March 1999, commencing at 8. 00 am. Mrs Edwards complained to Television New Zealand Limited, the broadcaster, that the character perpetuated the stereotype that people who are above "normal weight" were like that because they ate too much. "Fat phobia" could be reinforced in children’s minds, she wrote, and could lead to bulimia or anorexia. TVNZ responded that the effect of the "Billy Bunter type character" was to lampoon such stereotyping. The acting was exaggerated, it wrote, to show how silly pre-conceived ideas about types of people can be....

Decisions
Powell and Television New Zealand Ltd - 1999-219
1999-219

Summary An ACT Party political advertisement broadcast around 7. 00pm on TV One on 18 November included a promise to voters that a vote for the party would ensure a "Fair, full and final treaty settlement". Mr Powell complained to Television New Zealand Ltd, the broadcaster, that the advertisement, which he said was broadcast at 6. 54pm made a claim which was incorrect, inaccurate, and designed to confuse the voting public deliberately. He maintained that ACT did not have the power to make any such promise as treaty issues were matters between the British monarch and what he called the Maori principal. TVNZ advised that its response to the complaint was limited to whether or not the advertisement accurately reflected ACT’s policy. That Mr Powell and others disagreed with that policy was not, TVNZ continued, sufficient cause for a formal complaint....

Decisions
QW and Television New Zealand Ltd - 2007-089
2007-089

Chair Joanne Morris declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item reported on the use of anti-depressants – excerpts from a radio talkback show were used in the item – two excerpts involved the complainant discussing her use of anti-depressant drugs – allegedly in breach of privacy The Authority’s DecisionStandard 3 (privacy) – complainant not identifiable in the item – item did not disclose any private facts – not upheld This headnote does not form part of the decision. Broadcast [1] An item on the 20/20 programme, broadcast on TV2 at 9. 30pm on 30 August 2007, examined the use of the anti-depressant drug Aropax and the difficulty some people had experienced when trying to stop using it. The item included excerpts from a radio talkback discussion concerning the use of anti-depressants....

Decisions
Malatios and Television New Zealand Ltd - 1998-071
1998-071

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-071 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LAWRIE MALATIOS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Brider and Television New Zealand Ltd - 1996-101
1996-101

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-101 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M R BRIDER of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
FS and Television New Zealand Ltd - 2012-036
2012-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Inspectors – Environmental Health Officer carried out routine spot check at fish and chip shop in Dunedin – made adverse comments about the state of the premises and delivered a food certificate downgrade from a ‘B’ to a ‘D’ – showed footage of business and of the shop owner with his face pixelated – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 3 (privacy) – shop owner had an interest in seclusion in the back part of his shop – camera crew’s actions amounted to an intrusion in the nature of prying because any consent given was not informed and did not extend to the broadcast of the footage three years after filming – intrusion highly offensive – there was a high level of public interest in the footage at the time of filming but not three years later –…...

Decisions
Beattie and Television New Zealand Ltd - 2003-046
2003-046

ComplaintThe Assignment – film – sexual behaviour and nudity – offensive – excessive violence – unacceptable at 8. 30pm FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 and Guidelines 9a, 9b, 9c – 8. 40pm on Saturday – violent scene screened soon after the watershed – warnings by themselves may not be sufficient – insufficient discretion exercised – upholdStandard 10 and Guideline 10a – violence not gratuitous given factual basis – no uphold No Order This headnote does not form part of the decision. Summary [1] The film The Assignment was screened on TV2 at 8. 30pm on Saturday 19 October 2002. Based on the life of the notorious terrorist Carlos (The Jackal), the film’s story-line involved a CIA scheme to persuade Carlos’s allies to suspect his motives and to assassinate him....

Decisions
Kelcher and Prime Television New Zealand Ltd - 2003-018, 2003-019
2003-018–019

Complaint Maximum Exposure – International Fight Club – clips of violent behaviour – breach of good taste – threatened standards of law and order – racist – inappropriate classification – unsuitable for children – excessive violence – Prime upheld complaint in part – apologised – removed series from broadcast – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld Findings (1) action taken on Standards 2, 7 and 10 – action taken insufficient – uphold(2) Standard 1 – context – upholdStandard 6 – not unfair to South American Indians – no upholdStandard 9 – unsuitable for child viewers – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Maximum Exposure – International Fight Club was broadcast on Prime at 8. 30pm on Sunday 13 October 2002....

Decisions
Jenkins and Television New Zealand Ltd - 2002-062
2002-062

ComplaintLate Edition – news item – Solicitor General to appeal sentences of two convicted murderers, Dartelle Alder and Colin Bouwer – complainant convinced Mark Burton shown in item – breach of good taste and decency – inaccurate FindingsStandards 1 and 5 – complainant mistaken – Mark Burton not shown in item – no uphold This headnote does not form part of the decision. Summary [1] An item on Late Edition broadcast on TV One at 10. 45pm on 16 January 2002 reported that the Solicitor General was to appeal the sentences of two convicted murderers, Dartelle Alder and Colin Bouwer. The item included footage of the two men. [2] Ron Jenkins complained to Television New Zealand Ltd, the broadcaster, that the item included footage of Mark Burton, who was found not guilty on the grounds of insanity of murdering his mother....

Decisions
Conn and Television New Zealand Ltd - 2011-106
2011-106

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promos for Nothing Trivial – broadcast during Emmerdale – contained comments, “one guy who’s in serious need of a root” and, “when your husband can’t keep his dick in his pants” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – Emmerdale aimed at adult audience – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during Emmerdale – not upheld This headnote does not form part of the decision. Broadcasts [1] Two promos for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, were broadcast on 1 and 5 July 2011 on TV One between 12. 30pm and 1. 30pm, during Emmerdale which was rated PGR....

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