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Decisions
Inland Revenue Department and Television New Zealand Ltd - 1999-164–167
1999-164–167

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....

Decisions
Boyce and Radio New Zealand Ltd - 2000-091
2000-091

Complaint Nine to Noon – interview with Dr Brian Edwards – broadcast did not distinguish between fact and opinion – RNZ’s editorial integrity and independence challenged FindingsPrinciple 6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary An interview by presenter Kim Hill of Dr Brian Edwards was broadcast on Nine to Noon on National Radio on 18 February 2000. Simon Boyce complained to Radio New Zealand Ltd, that the broadcast did not distinguish clearly between fact and opinion and that RNZ had not ensured that editorial independence and integrity had been maintained. He contended that the interviewer had been involved in the negotiations about Dr Edwards’ programme, and had commented on whether Dr Edwards’ political role was compatible with his job as radio presenter....

Decisions
New Zealand Dietetic Association and TVWorks Ltd - 2008-140
2008-140

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! - recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – however, broadcasters need to take special care when discussing medical conditions – endorsement of coconut oil misleading – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 23 September 2008 episode, broadcast at 7....

Decisions
Tuohy and Television New Zealand Ltd - 1996-164, 1996-165
1996-164–165

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-164 Decision No: 1996-165 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by BRENDAN TUOHY (2) of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Webb and Television New Zealand Ltd - 1995-095
1995-095

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 95/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALLAN E WEBB of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Moir and Television New Zealand Ltd - 1998-110
1998-110

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-110 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALAN MOIR of Dunedin TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Jackson and Television New Zealand Ltd - 1999-019
1999-019

Summary It was reported on One Network News on 18 November 1998 that a yacht which had been grounded in a bay in the Far North had been looted, and that the abandoned boat had been stripped of its electronic gear, solar power unit and rigging. Mr Jackson complained to Television New Zealand Ltd that the report was grossly exaggerated. He advised that the boat had not been abandoned, and had not been stripped by looters. He acknowledged that some small items had been stolen but noted that all but one of those items had been recovered by the police and returned to the owner. Mr Jackson contended that the report had done the Far North community considerable harm and its errors warranted an apology....

Decisions
Wyatt and TVWorks Ltd - 2010-081
2010-081

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera trial of video game retailers – actors aged 16, 14 and 12 years attempted to buy R18 video game – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – viewers saw the hidden camera footage – no evidence to suggest item was inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Target, broadcast on TV3 at 7. 30pm on 29 June 2010, the presenter summarised the results of a hidden camera trial in which actors aged 16, 14 and 12 years attempted to buy a video game which had an R18 classification. A number of retailers refused sale without proof of age, while others proceeded with the sale and swiped the actors’ eftpos cards....

Decisions
The Warehouse Ltd and Television New Zealand Ltd - 2004-019
2004-019

ComplaintOne News – item reported the issue of a safety advisory notice for an oil heater sold through the Warehouse – following item reported death of two girls in fire thought to have been caused by gas heater – complaint that items unbalanced, inaccurate and unfair Findings Standard 4 – each item balanced – not upheld Standard 5 – each item accurate – not upheld Standard 6 – juxtaposition of items created misleading impression – unfair – upheld No OrderThis headnote does not form part of the decision Summary [1] The issue of a safety advisory notice about the Brio Five Fin oil heater, sold through The Warehouse stores, was reported in an item broadcast on One News on 30 August 2003 beginning at 6. 00pm on TV One....

Decisions
Cotsilinis and 4 Others and Television New Zealand Ltd - 2009-069
2009-069

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Close Up – item on group of duck hunters – hunters shown drinking alcohol and using firearms – brands of alcohol visible – man shown taking his pants off and diving onto a blow-up doll – allegedly in breach of good taste and decency, law and order, balance, accuracy, fairness, children’s interests and liquor promotion standards FindingsStandard 11 (liquor) – item contained liquor promotion that was not socially responsible – upheld Standard 1 (good taste and decency) – footage of man with blow-up doll and mixing of firearms and alcohol strayed beyond the bounds of good taste and decency – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard…...

Decisions
The Warehouse Group Ltd and CanWest TVWorks Ltd - 2004-202
2004-202

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about pyjamas purchased from The Warehouse that had ignited and burned a five-year-old boy while he was standing next to a gas heater – allegedly unbalanced, unfair and inaccurate – broadcaster upheld one aspect of accuracy – balance, fairness and dissatisfaction with action taken referred to AuthorityFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – action taken by broadcaster on aspect it upheld was sufficient – no other inaccuracies – not upheld Standard 6 (fairness) – unfair to The Warehouse in the preparation and presentation of the programme – upheld Orders Broadcast of a statement Payment of legal costs of $3,000This headnote does not form part of the decision....

Decisions
New Zealand Society for the Protection of the Unborn Child Inc and TV3 Network Services Ltd - 2003-051
2003-051

ComplaintInside New Zealand: The Hardest Decision – documentary – abortion –inaccurate statements – unbalanced – undermined New Zealand legislation FindingsStandard 2 and Guideline 2a – lawful standard maintained – no uphold Standard 4 – programme balanced – no upholdStandard 5 and Guidelines 5b, 5d & 5e – mixture of fact & opinion – accurate and impartial – no uphold This headnote does not form part of the decision. Summary [1] Inside New Zealand: The Hardest Decision was a documentary which followed three women while they made a decision about whether or not to have an abortion. Several other women, who had been through the same experience, were also interviewed on the programme. The documentary was broadcast on TV3 at 8. 30pm on 28 November 2002....

Decisions
PHARMAC and Television New Zealand Ltd - 2000-082
2000-082

ComplaintHolmes – cure for acne – drug identified – side effects not reported – misleading – unbalanced – partial FindingsStandard G6 – not controversial issue to which the standard applies – decline to determine; other standards not relevant ObservationIssue to be considered when free-to-air code is revised This headnote does not form part of the decision. Summary The availability of an effective treatment for acne was the subject of an item on Holmes broadcast on TV One on 23 March 2000 between 7. 00–7. 30pm. A dermatologist and a doctor were interviewed, as well as two young people who had both been successfully treated by a named drug. The Pharmaceutical Management Agency Ltd (PHARMAC) complained to Television New Zealand Ltd, the broadcaster, that the broadcast was misleading and unbalanced. In particular it expressed its concern that the broadcaster had been used to promote a prescription medicine....

Decisions
James and Television New Zealand Ltd - 2000-199
2000-199

ComplaintHolmes – labelling on food packages – false nutrition advice – inaccurate FindingsStandard G1 – not inaccurate – no uphold This headnote does not form part of the decision. Summary During the course of a discussion about providing nutritional information on packaged foods, the presenter described saturated fats as "killer fats". Her comment came during a Holmes item broadcast on TV One on 19 October 2000 beginning at 7. 00pm. Valerie James complained to Television New Zealand Ltd, the broadcaster, that the presenter had provided false nutritional advice when she warned that saturated fats were harmful. TVNZ emphasised that the item had been concerned with what information customers wanted to find on packaged foods, rather than with whether saturated fats were harmful....

Decisions
O'Brien and Television New Zealand Ltd - 2010-024
2010-024

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that a homicide investigation was underway after the death of Rotorua high school principal Hawea Vercoe – presenter stated that Mr Vercoe had died after being punched to the ground during a fight – included details of a recent conviction – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – reporters entitled to rely on information provided by police – broadcaster made reasonable efforts to ensure that the report was accurate – not upheld Standard 6 (fairness) – standard does not apply to deceased persons – family did not take part and were not referred to – 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 Sunday 22 November 2009, reported on the death of high school principal Hawea Vercoe....

Decisions
Curran and Television New Zealand Ltd - 2007-052
2007-052

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on meeting between Gerry Adams and Ian Paisley – included Tony Blair talking about peace process – Irish Prime Minister Bertie Ahern not mentioned – item was followed by BBC report reviewing past conflict in Northern Ireland that stated the total number of deaths caused by the conflict – allegedly inaccurate. Findings Standard 5 (accuracy) – complaint raised matters of editorial judgment, not accuracy – 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 27 March 2007, reported on a meeting in Northern Ireland between the Unionist leader Reverend Ian Paisley and the President of Sinn Fein, Gerry Adams....

Decisions
Gibson and Television New Zealand Ltd - 2004-096, 2004-097
2004-096–097

Complaints under section 8(1)(a) of the Broadcasting Act 1989One News – item about an MP who reactivated Dutch citizenship – possible breach of law – MP’s lawyer presented as constitutional specialist and not as legal representative Standard 5 – inaccurate – upheld by broadcaster – role as lawyer since reported in other programme – action considered insufficient Standard 4 – balance – not considered by broadcaster – referred to AuthorityProcess Application by complainant for Discovery – declined Application by complainant for Interlocutory Decision – declinedFindings Standard 4 – item’s focus on possibility of by-election – balanced – not upheld Action Taken – a correction broadcast at the time of error should have occurred – now a year later, no order appropriate – upheldNo OrderThis headnote does not form part of the decision....

Decisions
X and TV3 Network Services Ltd - 1997-108
1997-108

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-108 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT X of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Continental Car Services Ltd and Pitt and Television New Zealand Ltd - 2005-081
2005-081

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – update on a previous item about a used Ferrari – item reported that Continental Car Services Ltd had “refused to hand over” a statement of compliance for the vehicle – item implied that CCS was engaging in restrictive trade practices – allegedly unbalanced, inaccurate and unfair – TVNZ upheld two points as inaccurateFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – item contained several inaccurate and misleading statements – item as a whole was also inaccurate – action taken by TVNZ insufficient – upheld Standard 6 (fairness) – unfair to CCS and Mr Pitt – upheldOrdersBroadcast of a statement Payment of legal costs of $5,283. 00 Payment of costs to the Crown $2500. 00 This headnote does not form part of the decision....

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....

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