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Welch and Campbell and Television New Zealand Ltd - 2004-098, 2004-099
2004-098–099

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – interview with father of escaped prisoner – used words “arsehole” and “bugger” – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] A father whose son had escaped from prison was interviewed in an item broadcast on Holmes at 7. 00pm on 22 April 2004. The father, whose home had been burgled by his son on at least three occasions, appealed to his son to give himself up. During the interview, the father used the word “arsehole” and also used the word “bugger” at least three times. Complaint [2] Gary Welch and Don Campbell each complained to Television New Zealand Ltd, the broadcaster, that the use of the word “arsehole” was unacceptable and in breach of the standard requiring good taste and decency....

Decisions
Morrissey and Television New Zealand Ltd - 2002-191
2002-191

ComplaintHolmes – visual essay on the campaign of Winston Peters MP – suggested supporters were bewildered, bigoted and elderly – unfair FindingsStandard 6, Guideline 6g – elderly as a group not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] Aspects of the campaign of the leader of New Zealand First, Winston Peters MP, during the recent general election were dealt with in an item broadcast on Holmes at 7. 00pm on 30 July 2002. Mr Peters was shown campaigning while attending meetings and being questioned on radio and television. [2] Brent Morrissey complained to Television New Zealand Ltd, the broadcaster, that the item portrayed elderly voters as racist and intolerant of immigrants. That stereotype, he wrote, was incorrect....

Decisions
Kearney and Television New Zealand Ltd - 2002-200
2002-200

ComplaintHolmes – interview – inappropriate reference to Noam Chomsky – "he should be shot" FindingsStandard 2; Standard 5; Standard 6 – colloquialism – contextual factors – no uphold This headnote does not form part of the decision. Summary [1] An interview with forensic anthropologist Kathy Reichs was broadcast on Holmes on TV One at 7. 00pm on 2 September 2002. Having ascertained that Ms Reichs knew Noam Chomsky, described as an anthropologist (sic), the interviewer (Mr Holmes) commented; "he should be shot". [2] The Kearneys complained to Television New Zealand Ltd, the broadcaster, stating that in the context in which it was spoken the comment "constituted the worst and most disgraceful abuse of the position of an interviewer". [3] In declining to uphold the complaint, TVNZ said the remark carried no malice and was simply a figure of speech, spoken in jest....

Decisions
SilkRoutes Artifacts and Carpets Ltd and Television New Zealand Ltd - 2000-063
2000-063

ComplaintHolmes – bargain priced Persian rugs – false statements – implied discounts not genuine Findings(1) Standard G1 – no express or implied inaccuracy – no uphold (2) Standard G4 – no implication of fraudulent misrepresentation – no unfairness to complainant or its director – no uphold (3) Standard G6 – reasonable opportunity given for comment – no uphold This headnote does not form part of the decision. Summary An item on Holmes broadcast on TV One at 7pm on 22 November 1999 featured Persian rugs sold by SilkRoutes Artifacts and Carpets Ltd. It was reported that rugs sold by SilkRoutes were advertised as "massively discounted". Customer concerns about the value of the rugs were raised, in particular by the purchasers of a Qum rug. SilkRoutes, through its solicitor, complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate, unbalanced, inflammatory and unfair....

Decisions
Curran and Television New Zealand Ltd - 1993-095
1993-095

Download a PDF of Decision No. 1993-095:Curran and Television New Zealand Ltd - 1993-095 PDF676. 46 KB...

Decisions
Picken and Marchioni and Television New Zealand Ltd - 2004-051, 2041-052
2004-051–052

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Holmes – interview with Winston Peters MP about free dinner in restaurant partly owned by Peter Simunovich – meal occurred while Parliamentary Select Committee investigated Simunovich Fisheries – Mr Peters member of that committee – possibility of corruption suggested by others interviewed – allegedly unbalanced, impartial and unfairFindings Standard 4 (balance) and Guideline 4a – Mr Peters given ample opportunity to answer allegations – not upheld Standard 5 (accuracy) – “free” fish dinner allegation acceptable basis for programme – not upheld Standard 6 (fairness) and Guideline 6b – Mr Peters given ample notice of expected contribution – devil’s advocate approach acceptable in view of serious allegation – Mr Peters given ample time to respond – not upheld This headnote does not form part of the decision....

Decisions
Ministry of Health and New Zealand Medical Association and Television New Zealand Ltd - 2000-145, 2000-146
2000-145–146

ComplaintHolmes – research findings on third generation contraceptive pill – danger to women of blood clotting – presenter told users to throw their pills away – inaccurate – unbalanced – caused unnecessary panic, alarm FindingsStandard G1 – no inaccuracy – no upholdStandard G6 – key issues isolated – opportunity for response given – majority no upholdStandard G16 – health message presented – focus on individual stories – style of programme – no uphold This headnote does not form part of the decision. Summary The release of research findings detailing the risks to women of taking the third generation contraceptive pill was the topic of a Holmes item broadcast on 16 June between 7. 00-7. 30pm. The presenter suggested that those who were taking several named varieties of the pills should throw them out....

Decisions
Walker and Television New Zealand Ltd - 2000-161
2000-161

ComplaintHolmes – item on Erotica exhibition – offensive behaviour Findings: Standard G6 – no uphold Standard G7 – not applicable Standard G11 – not applicable Standard G12 – no uphold This headnote does not form part of the decision. Summary A Holmes item broadcast on TV One on 4 August 2000 between 7. 00–7. 30pm dealt with a trade fair held in Auckland entitled Erotica 2000. According to the organisers, the fair was intended to change people’s perception of erotica being sleazy and to present it as mainstream. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, that the broadcast promoted the sex industry as a viable lifestyle and that TVNZ was irresponsible in screening such material. In his view, all aspects of the sex industry degraded women. In its response, TVNZ noted that the broadcast had taken a "light-hearted look" at the trade fair....

Decisions
Burnell, Minister of Social Services, Work and Income (Hon Roger Sowry) and Commissioner for Children (Hon Roger McClay) and Television New Zealand Ltd - 1999-087, 1999-088, 1999-089
1999-087–89

Summary An item on the Holmes programme examined the situation of a woman and her eight year old son who was described as suffering from Attention Deficit Disorder Syndrome. Footage of the child, exhibiting what were said to be some behavioural problems of the syndrome, was shown on the programme which was broadcast on TV One on 4 March 1999 commencing at 7. 00 pm. Ms Burnell complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme violated the child’s rights of privacy and confidentiality. He was identified by his first name, his face was visible, and he clearly expressed his total opposition to being filmed for public viewing, she wrote....

Decisions
Wolf and Television New Zealand Ltd - 2004-127
2004-127

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item about Tana Umaga’s appointment as All Black captain – reference to Mr Umaga’s dreadlocks – presenter allegedly implied that dreadlocked sportspeople are incompetent and engage in sexually deviant behaviour and law breaking – allegedly breached standards relating to good taste and decency, law and order, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – presenter’s comments innocuous – neither indecent nor in bad taste – not upheld Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy) and Standard 6 (fairness) – matters complained about not expressed or implied in the broadcast – no basis for any of the complainant’s allegations in presenter’s comments – declined to determine This headnote does not form part of the decision....

Decisions
Ngati Pukenga Iwi and Television New Zealand Ltd - 2003-109
2003-109

ComplaintHolmes – item regarding registration of Kopukairoa as wāhi tapu – examined the concerns of four landowners affected by the registration – unbalanced – inaccurate – unfair FindingsStandard 4 – failed to present range of views – unbalanced – uphold Standard 5 – factual inaccuracies – partial – uphold Standard 6 – Iwi dealt with unfairly – uphold OrderBroadcast of statementPublish statement in Bay of Plenty Times This headnote does not form part of the decision. Summary [1] The concern of four Pakeha landowners on Kopukairoa, because of the registration of the mountain in the Bay of Plenty as wāhi tapu, was dealt with in an item broadcast on Holmes at 7. 00pm on 18 November 2002. The item included interviews with the four landowners and Mr Toni Paraire who, it was said, represented the views of the local Māori who registered the wāhi tapu....

Decisions
Williams and Television New Zealand Ltd - 2003-184
2003-184

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – use of archive footage of haka during item about foreshore and seabed dispute – inaccurate – unfair FindingsStandard 5 – use of footage not misleading or inaccurate – no uphold Standard 6 – use not unfair to any person or group – no uphold This headnote does not form part of the decision Summary [1] Archive footage of a haka performed at Waitangi beach was used in a Holmes item about the dispute over ownership of the foreshore and seabed. The programme was broadcast on 19 August 2003 at 7. 00pm on TV One. [2] Wiremu Te Rauna Williams complained to Television New Zealand Ltd, the broadcaster, that the use of the archive footage was inaccurate and amounted to “fraud and betrayal”, as it had no connection to the seabed and foreshore debate....

Decisions
Fitchett and Television New Zealand Ltd - 2002-150
2002-150

ComplaintHolmes – interview with man about unproven sexual abuse when a child in the Order of St John of God – man paid $30,000 by Order on condition of confidentiality – unbalanced – unfair to Order FindingsStandards 4 and 6 – item made clear that the man’s views had been contested by Brother and there was no court case – Church spokesperson given reasonable opportunity to challenge his account – did not do so – man’s credibility left to viewer to assess – not unfair – not unbalanced – no uphold This headnote does not form part of the decision. Summary [1] "Patrick" was interviewed in an item on Holmes broadcast on TV One at 7. 00pm on 19 June 2002....

Decisions
Auckland Trotting Club Inc and Television New Zealand Ltd - 1997-081
1997-081

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-081 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AUCKLAND TROTTING CLUB (Inc) Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

Decisions
Rawlings and Television New Zealand Ltd - 1998-103
1998-103

Summary Some dissatisfaction expressed by three purchasers of cars from Saevue Motors in New Plymouth was considered in an item broadcast on Holmes, between 7. 00–7. 30pm on 11 December 1997. The possibility of odometer tampering was raised. Mr Rawlings complained to Television New Zealand Limited, the broadcaster, that the item was unbalanced and unfair. He noted that there had been no effort to gauge the extent of the problem among the company's total customer base, and he claimed that the company was portrayed as a "monster". On the basis that the information contained in the item justified the investigation, TVNZ reported that it had tried unsuccessfully to persuade the company to participate in the programme. It declined to uphold any aspect of the complaint. Dissatisfied with TVNZ’s decision, Mr Rawlings referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Bond and Prime Television New Zealand Ltd - 2005-076
2005-076

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on a strip club package for supporters of Lions rugby tour – naked women shown playing pool – demonstration of lap dancing – bedroom with mirrors shown – allegedly offensive, inappropriately classified and unsuitable for children – presenter said “stuff you bitch” at end of programme about another matter – allegedly offensiveFindingsStandard 1 (good taste and decency) – context – not upheld Standard 7 (programme classification) – not applicable to news and current affairs – not upheld Standard 9 (children’s interests) – sufficient earlier indications of focus of item – not upheldThis headnote does not form part of the decision. Broadcast [1] The package offered by a strip club for Lions rugby supporters was covered in an item on Holmes broadcast on Prime at 7. 00pm on 24 May 2005....

Decisions
Burke and Television New Zealand Ltd - 2004-002
2004-002

ComplaintHolmes – comment that Ponsonby Rugby Club had produced the most All Blacks – inaccurate – TVNZ upheld complaint as technical breach of Principle 5 and apologised – action taken insufficient FindingsAction taken sufficient – not upheld This headnote does not form part of the decision Summary [1] During a Holmes broadcast on TV One at 7. 00pm on 25 August 2003, a reporter commented that Ponsonby Rugby Club had produced the most All Blacks. The statement was repeated later in the programme by the presenter. [2] Mr Burke complained to Television New Zealand Ltd, the broadcaster, that the statement was inaccurate. [3] TVNZ upheld the complaint and apologised by letter to the complainant and members of his rugby club. [4] Dissatisfied that TVNZ's action upon upholding the complaint did not include an on-air correction and apology, Mr Burke referred his complaint to the Broadcasting Standards Authority under s....

Decisions
Hooker and Television New Zealand Ltd - 2004-011
2004-011

ComplaintHolmes – apology from Mr Holmes for comments he made about UN Secretary-General Kofi Annan on Newstalk ZB – apology said to be unbalanced, inaccurate and breached requirements for law and order Findings Standard 2 – not applicable – decline to determine Standard 4 – personal statement – balance not an issue – decline to determine Standard 5 – no inaccuracy – decline to determineThis headnote does not form part of the decision Summary [1] Paul Holmes, the host of Holmes broadcast on TV One on weekdays at 7. 00pm, made a personal statement on Holmes on 29 September 2003 about some comments he had made on Newstalk ZB. Among some other comments made on Newstalk ZB, he had described the UN Secretary-General, Kofi Annan, as a “cheeky darkie”. His comments had received extensive media coverage....

Decisions
McDonald and Television New Zealand Ltd - 2004-073
2004-073

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – light-hearted commentary on a TV3 presenter’s telephone call to Wellington High Court about Justice Ron Young who was hearing TV3’s appeal against some decisions of the Broadcasting Standards Authority – Holmes presenter (Paul Holmes) said that TV3’s presenter (John Campbell) had been getting it “up the chutney” at the appeal hearing – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldObservation When complaint referred to the Authority under s. 8(1)(b) in which there is doubt whether broadcaster has had the opportunity to investigate the complaint, the Authority will clarify processes with the broadcaster before formal action initiatedThis headnote does not form part of the decision....

Decisions
Johnston-Faleauto and Television New Zealand Ltd - 2004-178
2004-178

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – interview with central figure in reality television show There’s Something About Miriam – discussed her transsexual status and contact with contestants on show – allegedly breach of good taste and decency, programme classification and children’s interests FindingsPrinciple 1 (good taste and decency) – contextual factors – nothing indecent or distasteful to the extent of breaching standard – interview conducted appropriately given subject matter – not upheld Principle 7 (programme classification) – programme news or current affairs – not classified – was sufficiently mindful of the possibility of child viewers – no warning required as contents adequately signposted – not upheld Principle 9 (children’s interests) – news and current affairs programme not directed at children – interview conducted appropriately – sufficiently mindful of children’s interests – not upheld This headnote does not form part of the decision....