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Decisions
Roy and Television New Zealand Ltd - 2009-102
2009-102

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported that an 89-year-old man had been accused of helping to kill 28,000 Jews at a “Polish death camp” during World War II – broadcaster agreed item was inaccurate and instructed staff not to use the reference again – action taken allegedly insufficient FindingsStandard 5 (accuracy) – action taken appropriate and reasonable – not necessary to broadcast a correction – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 14 July 2009, reported that: An 89-year-old’s been accused of helping kill nearly 28,000 Jews in what’s set to be Germany’s last big Nazi war crimes trial. Prosecutors say retired American car worker John Demjanjuk was a guard at a Polish death camp during World War II....

Decisions
Campbell and Television New Zealand Ltd - 2008-011
2008-011

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Line of Beauty – episode of programme about a young gay Oxford graduate included homosexual sex scenes – allegedly breached standards of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld (This headnote does not form part of the decision. ) Broadcast [1] An episode of the drama Line of Beauty was broadcast at 11. 50pm on TV One on Sunday 28 October 2007. Line of Beauty followed a young, gay, middle class Oxford graduate Nick who was invited to live with a wealthy and politically powerful family in the 1980s. [2] This episode contained several sex scenes. In one scene, Nick watched as his boyfriend and another man appeared to engage in oral sex....

Decisions
Quinlan and Television New Zealand Ltd - 2008-095
2008-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – New York correspondent reported on Christie Brinkley’s divorce – said that her husband “masturbated to web cams” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – children unlikely to be watching Breakfast and not likely to be disturbed or alarmed – not upheld This headnote does not form part of the decision. Broadcast [1] Breakfast was broadcast on TV One between 6. 30am and 9am on 11 July 2008. Each week, the programme’s New York correspondent reported on the latest celebrity news from the United States....

Decisions
Francis and Television New Zealand Ltd - 2007-041
2007-041

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....

Decisions
Cleave and Television New Zealand Ltd - 2007-096
2007-096

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nailed, Sorted, Exposed – item on a man named Paul Cleave and his attempts to get his camera repaired – item explained that Mr Cleave had received a loan camera from the retailer – Mr Cleave was shown stating that he was not going to return the loan camera – the presenter made a number of comments about him taking the loan camera – allegedly in breach of privacy, accuracy, balance and fairness standards Findings Standard 5 (accuracy) – the Authority received conflicting evidence on two statements complained about and declined to determine them – the other three statements complained about were accurate – not upheld Standard 6 (fairness) – item was a fair representation of Mr Cleave’s conduct – item’s change in focus was prompted by Mr Cleave’s own behaviour – not upheld Standard 3 (privacy) – Mr Cleave signed a consent form allowing…...

Decisions
Anderson and Television New Zealand Ltd - 2005-132
2005-132

Complaint under section 8(1)(a) of the Broadcasting Act 1989Distraction – British comedy quiz show – host referred to one contestant as having “wanked off a dog” – alleged frequent use of the word “fuck” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Distraction, a British comedy quiz programme in which the utmost is done to distract contestants from the task at hand, was broadcast on TV2 at 9. 30pm on 23 September 2005. During the introductory sequence, the host referred to one contestant as having “wanked off a dog”. Complaint [2] Malcolm Anderson complained to Television New Zealand Ltd, the broadcaster, that the reference to “wanking off a dog” was disgusting, and in breach of good taste and decency....

Decisions
Johnston and Television New Zealand Ltd - 2004-059
2004-059

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 DNZ: Speed Thrills – documentary included footage of young male drivers exceeding speed limit – allegedly encouraged law breaking and glamorised speedingFindings Standard 2 (law and order) and Guidelines 2a, 2b and 2c – did not glamorise, condone or encourage speeding – not upheld This headnote does not form part of the decision. Broadcast [1] The programme DNZ: Speed Thrills was broadcast on TV One on 15 March 2004 at 8. 35pm. It included footage of two young men driving at night in excess of the speed limit. Complaint [2] Alexander Johnston complained to Television New Zealand Ltd, the broadcaster, that the young men were exceeding the speed limit by “considerable margins” and that TVNZ staff must have encouraged them to do so. Otherwise, Mr Johnston wrote, it would have been pointless to have installed cameras in their cars....

Decisions
Bennett and Television New Zealand Ltd - 2003-069
2003-069

ComplaintMercury Lane – promo – reference to pubic hair – broadcast during Son of God on Good Friday at 10. 30am – offensive – unsuitable for children FindingsStandard 1 – spoken not visual reference – context – no uphold Standard 9 – children not unfamiliar with nudity – no uphold This headnote does not form part of the decision. Summary [1] A question to an artist about the public reaction to the portrayal of pubic hair was included in a promo for Mercury Lane, a programme about the arts. The promo was broadcast at about 10. 30am on Good Friday during the screening of the documentary Son of God, which reported the results of a scientific examination into issues raised about Jesus Christ. [2] Carole Bennett complained that the broadcast of the promo, during family viewing time, was disgusting....

Decisions
Armstrong and Schaab and Television New Zealand Ltd - 2003-160, 2003-161
2003-160–161

ComplaintHolmes – item about Death with Dignity Bill – man featured with motor neuron disease – wanted choice about his time of death – unbalanced FindingsStandard 4 – human interest story – referred to issue of euthanasia – euthanasia canvassed in other programmes – no uphold This headnote does not form part of the decision. Summary [1] Shortly before the Death with Dignity Bill was to have its first reading in Parliament, an item on Holmes featured a person dying from motor neuron disease who hoped the Bill would be passed. If the Bill was passed, the person said that he would have the right to choose the time of his death. The item was broadcast on TV One at 7. 00pm on 29 July 2003. [2] D A Armstrong and P Schaab both complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced....

Decisions
Grant and McIntyre and Television New Zealand Ltd - 2002-049, 2002-050
2002-049–50

ComplaintsOne News – Late Edition – same item – person with cholesterol level of 43 – described as walking time-bomb – healthy level said to be between 3 and 5 – controversial – unbalanced – inaccurate FindingsSection 4(1)(d) – not controversial issue – no uphold Standard G6 – not controversial issue – no uphold Standard G14 – comment in passing on healthy level – no uphold Standard G16 – comment encouraged concern but not unnecessarily alarmist – no uphold This headnote does not form part of the decision. Summary [1] A man with a high level of cholesterol was interviewed on One News, broadcast between 6. 00 and 7. 00pm on TV One on 28 December 2001. The item described the man with a level of 43 as a "walking time-bomb", and the "healthy" level was said to be "between three and five"....

Decisions
Wakefield Associates and Television New Zealand Ltd - 2002-179
2002-179

ComplaintFair Go – item about pamphlet distributed by complainant – a legal firm – offering assistance to victims of sexual abuse in dealing with ACC – failed to maintain standards of law and order – unbalanced and complainant’s response presented inadequately – unfair as the victim’s (Sally) waiver whose story told was incomplete – inaccurate – hearing sought in view of numerous complex legal and factual issues – application declined – disclosure of field tape of interview with "Sally" and assorted correspondence sought Decision on disclosure applicationDeclined This headnote does not form part of the decision. INTERLOCUTORY DECISION Background [1] A pamphlet offering assistance to victims of sexual abuse in securing compensation from ACC was distributed by the complainant – a legal firm....

Decisions
Durkin and Television New Zealand Ltd - 2001-015
2001-015

ComplaintOne News – item about HIV positive man facing charges of sexual offending – HIV status irrelevant to criminal allegations – broadcaster did not respect principles of law - unbalanced – impartial – unfair – broadcaster not mindful of effect on children – item caused unnecessary panic, alarm and distress FindingsStandard G5 – standard concerned with maintenance of law and order – possible breach of law beyond Authority’s jurisdiction – no uphold Standard G16 – broadcast did not cause "unnecessary" alarm – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6. 00pm on 23 November 2000 described the court appearance of a North Shore teacher who faced 20 charges in relation to sex offences allegedly committed against six boys. The news item described the man, whose name had been suppressed, as having tested HIV positive....

Decisions
Robertson and Wright and Television New Zealand Ltd - 2001-087, 2001-088
2001-087–088

ComplaintOne News – report on Crown compensation to Ngati Rua-Nui says many killed at invasion of Parihaka – inaccurate – upheld by broadcaster as breach of standard G1 – action taken insufficient FindingsAction taken insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6pm on 1 March 2001 reported on an agreement for an apology and monetary compensation between the Ngati Rua-Nui people of South Taranaki, and the Crown. The reporter concluded the item with the following statement: Several hundred thousand acres were confiscated from Ngati Rua-Nui in the 1860s, and many were killed during the invasion of Parihaka. Colin Robertson and Liam Wright complained separately to the broadcaster, Television New Zealand Ltd, that the item was inaccurate. They said there had been no deaths in the invasion of Parihaka....

Decisions
Lubetzky and Television New Zealand Ltd - 2010-103
2010-103

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – footage of a man throwing a rock and of another man bleeding shown during discussion of Ms Enchmarch’s previous attempt to get aid to Gaza by land – allegedly inaccurate FindingsStandard 5 (accuracy) – footage subject to complaint did not constitute a material point of fact to which the standard applied and was not misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7....

Decisions
Schwabe and Television New Zealand Ltd - 2000-057
2000-057

ComplaintOne World of Sport: Rugby Sevens – live broadcast during half-time break – "fuck"– offensive language FindingsStandard G2 – barely audible – emotionally charged sports broadcast – no uphold This headnote does not form part of the decision. Summary One World of Sport: Rugby Sevens was broadcast live on TV One from 7. 00pm until 9. 36pm on 5 February 2000. Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that offensive language "containing the ‘f’ word" was broadcast in the half-time break of the final match, during filming of the New Zealand team’s half time huddle. Mr Schwabe said that it was irresponsible to broadcast from a live microphone in these and similar circumstances. TVNZ responded that, while there appeared to be strong language used, it was indistinct....

Decisions
Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024
1993-010–024

Download a PDF of Decision No. 1993-010–024: Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024 PDF3. 96 MB...

Decisions
Fish and Television New Zealand Ltd - 1992-020
1992-020

Download a PDF of Decision No. 1992-020:Fish and Television New Zealand Ltd - 1992-020 PDF465 KB...

Decisions
Dewar and Television New Zealand Ltd - 1991-029
1991-029

Download a PDF of Decision No. 1991-029:Dewar and Television New Zealand Ltd - 1991-029 PDF476. 89 KB...

Decisions
Samuel and Television New Zealand Ltd - 2014-035
2014-035

Summary [This summary does not form part of the decision. ]The opening scenes of an episode of Rake included four instances of the word ‘fuck’. The Authority did not uphold the complaint that this constituted strong adult material which screened too close to the Adults Only 8. 30pm watershed. The language was not so frequent or offensive that it required a restriction to a later time, and was relevant to the narrative and to character development. The programme was also preceded by a clear warning for coarse language. Not Upheld: Children’s InterestsIntroduction[1] The opening scenes of an episode of Rake included four instances of the word ‘fuck’. The first two instances were in an exchange between two male characters arguing. The third was during an argument between the main character and his son, and the fourth was the main character muttering angrily to himself ‘fuck me’....

Decisions
Webber and Television New Zealand Ltd - 2017-051 (4 September 2017)
2017-051

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....

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