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Interlocutory matter concerning whether formal complaint was lodged in writing with the broadcaster within the prescribed statutory timeframe Fair Go – formal complaint lodged by email shortly before midnight on 20th working day after the broadcast – broadcaster declined to accept the complaint on the basis it was out of time – question whether formal complaint was lodged within 20 working days as required by the Broadcasting Act 1989 FindingsDefinition of “working day” in section 2 of the Act specifies the days which are not to be counted as “working days” but does not specify times of the day – in the absence of explicit indication of times, ordinary meaning should be adopted – a “day” runs from midnight to midnight – complaint was lodged before midnight on 20th working day and therefore should have been accepted by the broadcaster, even though the email was not read until the following day OrderSection…...
Download a PDF of Decision No. 1993-163:Minister of Customs (Hon Murray McCully) and Television New Zealand Ltd - 1993-163 PDF325. 12 KB...
Download a PDF of Decision No. 1992-045:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-045 PDF316. 8 KB...
Download a PDF of Decision No. 1992-088:Health Action and Television New Zealand Ltd - 1992-088 PDF349. 47 KB...
Download a PDF of Decision No. 1993-034:Sharp and Television New Zealand Ltd - 1993-034 PDF 335. 83 KB...
Download a PDF of Decision No. 1993-088:Matthews and Television New Zealand Ltd - 1993-088 PDF349. 69 KB...
Summary [This summary does not form part of the decision. ] During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots? ’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy Introduction [1] During The Chase, a British quiz show, the host introduced the four trivia experts (the ‘chasers’) as follows: Who will you be up against today? Could it be Paul ‘The Sinnerman’ Sinha – big brain, bad suit?...
Summary[This summary does not form part of the decision. ]On an episode of Seven Sharp, the hosts discussed the Trans-Pacific Partnership (TPP) and interviewed a law professor. The professor explained the contrast between the dispute resolution mechanisms of the TPP and those of the World Trade Organisation (WTO). After the interview, one host asked the other, ‘So these foreign countries could potentially hold the government for ransom down the track? Surely it goes both ways; surely we’ll have some control’. The other host replied, ‘Of course it does. Who did we take to the WTO? We’ve taken a number of countries to the WTO. . . ’ The Authority did not uphold a complaint that this was misleading in that it suggested that TPP disputes would go through a similar process as the WTO, when in fact this was not the case for investor-state disputes....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/94 Decision No: 35/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHN EARNSHAW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...
A complaint about the use of the alleged mosque attacker’s name during a 1 News report was not upheld. The Authority found that in the context of the item the single use of the name and the broadcast’s limited reference to violence did not breach the violence standard. Not Upheld: Violence...
The Authority has not upheld a complaint about an episode of Queer Aotearoa in which it was stated the Human Rights Act 1993 (HRA) outlaws discrimination based on sexual orientation or gender identity. The complaint was made under three standards: discrimination and denigration, accuracy and fairness. The Authority found the statement was a genuine expression of serious comment, analysis or opinion rather than something likely to incite discrimination or denigration. Regarding accuracy, the Authority noted the comment was consistent with Human Rights Commission guidance on the interpretation of the HRA, and a reasonable interpretation of the HRA. The Authority found it was not materially inaccurate in the context of the broadcast. The fairness standard did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Fairness ...
INTERLOCUTORY DECISION SummaryThe case of a social worker convicted of child abuse offences whose name had beensuppressed was examined in an item on Channel 2's 60 Minutes broadcast between7. 30–8. 30pm on Sunday 4 September. One aspect of the story was that his pastbehaviour had worried some of his fellow social workers who had drawn theirconcerns to the attention of the supervisory staff. Before the broadcast, Mrs MacKenzie, Chief Social Worker for the AucklandHospital Board from 1982–1991, declined by telephone to comment to 60 Minuteson personnel matters. She was subsequently approached by 60 Minutes' reporter anda crew – with cameras rolling – outside her home when leaving for work one morning. She again declined to comment and went inside. She complained to Television NewZealand Ltd, the broadcaster, that the incident had breached a number of broadcastingstandards and in addition that it had breached her privacy....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-032 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DON CAMPBELL of Papamoa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-081 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCES DUNHAM of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-098 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP DUNLOP of Pokeno Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 36/95 Dated the 18th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by B A MUDFORD of Matamata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...
In a Seven Sharp item, a presenter expressed his surprise by asking an interviewee ‘how the bejesus did a snake get into New Zealand’. The Authority did not uphold a complaint the item breached the good taste and decency standard. While acknowledging terms such as ‘Jesus’ and its variations like ‘bejesus’ may be offensive to some, the Authority found expressions of this nature used as exclamations, will not likely cause widespread undue offence or distress, or undermine widely shared community standards. Not Upheld: Good Taste and Decency...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-154 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-087 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL SHAND of Auckland Broadcaster TELEVISION NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...
SummaryA Fair Go item broadcast on TV One on 5 August 1998 dealt with the attempt by a motor vehicle dealer to repossess a couple’s car. It was reported that the owner of the company had been fined by the Motor Vehicle Dealers Institute for misconduct. Mr Radisich, through his solicitor, complained to Television New Zealand Ltd that the broadcast was unfair, unbalanced and impartial because it was the company, and not the individual, which had been fined. In its response, TVNZ pointed out that Mr Radisich, as Chief Executive, was responsible for the company’s business and it did not consider that the item had been unfair to name him. It advised that it was unable to find any aspect which lacked balance or impartiality and declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Radisich’s solicitor referred the complaint to the Broadcasting Standards Authority under s....