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Complaints under section 8(1)(c) of the Broadcasting Act 1989Holmes – item about person flying New Zealand flag at home in dispute with neighbours – complainants who are neighbours named and their home shown – complainants have long history of community service – private facts disclosed – alleged breach of privacy Findings Standard 3 (Privacy) Privacy Principles (i), (iii), (iv), and (v) – dispute about flag had been heard in the District Court – accordingly not private – not upheld This headnote does not form part of the decision. Broadcast [1] A dispute between Mr Brian McGinty of Orewa and his neighbours, including Sir Ross and Lady Jansen, was dealt with in an item broadcast on Holmes on TV One on 18 March 2004 beginning at 7. 00pm. The dispute was about Mr McGinty’s neighbours objecting to his desire to fly a New Zealand flag on his property....

Complaint Holmes – series of items on the "brain drain" – Richard Poole – newspaper advertisement – Business Roundtable backing – unbalanced – news source lacked integrity FindingsStandard G6 – items lacked balance – broadcaster not impartial – Poole’s integrity not forcefully challenged – uphold Standard G15 – Poole an "information source" as required by standard – broadcaster failed to ascertain adequately his integrity/reliability – uphold OrdersBroadcast of statement$2,000 costs to Crown This headnote does not form part of the decision. Summary Items broadcast on the Holmes show on TV One on 4, 5 and 6 October 2000 dealt with a perceived "brain drain" whereby young, educated New Zealanders were allegedly leaving New Zealand permanently for better jobs and an enhanced lifestyle overseas. Holmes is broadcast between 7. 00pm and 7. 30pm on weekdays....

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....

Download a PDF of Decision No. 1993-080:McDonald and Television New Zealand Ltd - 1993-080 PDF332. 98 KB...

SummaryAn item on Holmes, broadcast on TV One on 1 October 1998 between 7. 00-7. 30 pm, examined the Hikoi of Hope. It featured a representative from the Anglican Church and a critic of the hikoi, each being interviewed by the presenter. Ms Larkin complained to Television New Zealand Limited, the broadcaster, that the presenter’s introduction to the item was insulting, and contained derogatory descriptions, such as "the Hiccup of Hypocrisy". The presenter’s statements made it clear, she said, that the item would not be presented in a fair and neutral manner. TVNZ responded that while the Hikoi of Hope was a serious attempt to draw attention to the reality of poverty in New Zealand, the Anglican Church’s sponsorship of it had been controversial....

Download a PDF of Decision No. 1992-021:Wislang and Television New Zealand Ltd - 1992-021 PDF333. 3 KB...

SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....

Download a PDF of Decision No. 1993-044:Hansen and Television New Zealand Ltd - 1993-044 PDF347. 71 KB...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – incident involving alleged doctor-on-doctor assault – interviewee commented on profession’s reaction to incident – three complaints – allegedly unbalanced, inaccurate and unfair to doctor and othersFindings Standard 4 (balance) – unbalanced – Mr Ngaei’s viewpoint not advanced – reasonable efforts to obtain his views not made – upheld Standard 5 (accuracy) – item contained inaccuracies – upheld Standard 6 (fairness) – item unfair to Mr Ngaei – upheld Standard 6 (discrimination) – item did not encourage discrimination against doctors – not upheld Orders$1,700 costs to complainant $2,500 costs to CrownThis headnote does not form part of the decision. Broadcast [1] An item on Holmes broadcast at 7....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 68/94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDWARD MALCOLM and OTHERS of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

Download a PDF of Decision No. 1992-092:Group Opposed to Advertising of Liquor and TV3 Network Services Ltd - 1992-092 PDF786. 99 KB...

ComplaintHolmes – panel discussion on Australian Rugby League’s punishment of John Hopoate who had assaulted other players on the field – humorous approach – breach of good taste and decency – inappropriate for children FindingsStandard G2 – context – topical and newsworthy issue – humour balanced by serious debate – no uphold Standard G12 – current affairs programme – child viewers unlikely to have been watching alone – no uphold This headnote does not form part of the decision. Summary An item broadcast on Holmes on TV One at 7pm on 29 March 2001, focussed on Australian Rugby League’s decision to suspend John Hopoate for twelve weeks. Mr Hopoate had been found guilty of conduct contrary to the true spirit of rugby league for inserting his finger into the backsides of three players during a rugby league match....

Download a PDF of Decision No. 1992-072:Minister of Health (Hon Simon Upton) and Television New Zealand Ltd - 1992-072 PDF489. 34 KB...

Download a PDF of Decision No. 1993-102:McDonald and Television New Zealand Ltd - 1993-102 PDF330. 38 KB...

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on art piece commissioned for Venice Biennale at cost of $500,000 in public money – interview with Peter Biggs of Creative New Zealand – allegedly unfair to Mr Biggs and misleading/inaccurate FindingsStandard 4 – not unbalanced – Mr Biggs was able to present his view – not upheld Standard 5 – item did not suggest that braying toilet was the work to be exhibited – not misleading or inaccurate – not upheld Standard 6 – Mr Biggs not treated unfairly – as a seasoned media commentator he was able to get his point across – not upheld Standard 8 – not relevant – declined to determine This headnote does not form part of the decision....

Download a PDF of Decision No. 1992-095:Edmunds and Television New Zealand Ltd - 1992-095 PDF846. 89 KB...

Download a PDF of Decision No. 1991-042:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-042 PDF365. 34 KB...