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Decisions
Office of the Prime Minister and Television New Zealand Ltd - 2011-082
2011-082

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item discussed “new questions on a car deal related to John Key’s National Party getting money from a top BMW dealership” – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – item did not state as fact or imply that there was a link between the car contract and the donation – item fairly presented views of the Prime Minister and the dealership involved – high level of public interest in reporting allegations made in Parliament – not inaccurate or misleading – 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 11 May 2011, was introduced by teasers which stated, “new questions on a car deal related to John Key’s National Party getting money from a top BMW dealership”....

Decisions
New Zealand Trade Union Federation and Television New Zealand Ltd - 2000-069
2000-069

ComplaintOne News – news item on Select Committee deliberation on changes to ACC – inaccurate, unbalanced and lacked objectivity FindingsStandard G1 and Standard G14 – acceptable summary of complex situation – no inaccuracy or lack of objectivity – no uphold This headnote does not form part of the decision. Summary A news item concerning Select Committee deliberations on proposed changes to accident insurance legislation was broadcast on One News on TV One between 6. 00 and 7. 00pm on 29 February 2000. The New Zealand Trade Union Federation complained to Television New Zealand Ltd, the broadcaster, that the broadcast was inaccurate, unbalanced and lacked objectivity. In its opinion, the item sought to create the impression that proposed changes were "purely irrational", unsupported by evidence, promoted only by the Alliance and Labour parties, and only continued to be supported because of an election promise....

Decisions
Brannigan and Television New Zealand Ltd - 2010-157
2010-157

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and One News Tonight – reported on teachers’ industrial action – stated that the teachers’ union had rejected the Government’s offer of a 2 percent pay increase, and that teachers were fighting for a 4 percent increase on their base salaries – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant viewpoints and spoke to representatives of the teachers – not upheld Standard 5 (accuracy) – complainant has not provided evidence that the figures were inaccurate – not upheld Standard 6 (fairness) – complainant did not identify any individuals or organisations he believed had been treated unfairly – no unfairness – not upheld This headnote does not form part of the decision....

Decisions
Agostino and TVWorks Ltd - 2012-084
2012-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

Decisions
Prime Minister (Rt Hon Helen Clark) and 6 Others and TV3 Network Services Ltd - 2003-055–061
2003-055–061

An appeal against this decision was dismissed in the High Court: CIV 2003-485-1655 & 1816 PDF18....

Decisions
Voluntary Law Association of India New Zealand Inc and Access Community Radio Inc - 2010-162
2010-162

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Punjab – hosts and callers discussed controversy surrounding charges of electoral fraud against a prominent member of the Indian community – caller talked about complaints laid against the police investigating the electoral fraud – allegedly inaccurate and unfair to police FindingsStandard 5 (accuracy) – hosts did not make any unqualified statements of fact – caller’s comments clearly opinion – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] Radio Punjab, a talkback programme, was broadcast on Planet FM at 5pm on Tuesday 12 October 2010. During the programme, the hosts invited callers to comment on controversy surrounding charges of electoral fraud against a prominent member of the Indian community....

Decisions
Katavich and TVWorks Ltd - 2010-064
2010-064

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – three items and promo for programme discussed complainant’s businesses and websites – spoke to a number of his customers who believed they had been “ripped off” – referred to complainant as an “internet fraudster” and “a face to what is often a faceless crime” – allegedly in breach of privacy, accuracy and fairnessFindingsStandard 6 (fairness) – reporter’s approach in trying to obtain comment from Mr Katavich and door-stepping was not unfair – not upheld – thrust of the programmes was that Mr Katavich was a criminal and a fraudster – no evidence to suggest that his business activities were illegal – unfair to Mr Katavich – upheldStandard 3 (privacy) – Mr Katavich did not have an interest in seclusion at his business offices – business address was not a private fact and was not disclosed for the purposes of…...

Decisions
Trowbridge and Television New Zealand Ltd - 2001-058
2001-058

ComplaintFair Go – rare breeds of sheep put in care as owner had cancer – organiser of care took two flocks herself – owner sought to recover sheep – care organiser believed she owned sheep – no contract – inaccurate – unclear – unbalanced – editing which distorted FindingsStandard G4 – inadequate opportunity to respond – uphold Standards G1, G3, G6, G7, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary David Tuart, an owner of some rare sheep species, required treatment for cancer. Dr Beverley Trowbridge, a fellow breeder of rare sheep species, arranged for his flocks to be distributed among other farmers. After Mr Tuart had been treated, Dr Trowbridge refused to return some of the sheep as she believed that she had been given ownership of them....

Decisions
Hager and Television New Zealand Ltd - 2004-148
2004-148

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about NZ Army engineers in Iraq – reference to an article written by the complainant and published in the “Sunday Star-Times” – item’s focus was engineers’ reaction to the article’s claims that their achievements had been exaggerated – complainant alleged that item unfairly represented article, and was inaccurate and unbalancedFindings Standard 4 (balance) – item’s focus was reporting reaction to the article’s claims of exaggerating the achievements of engineers and did not require further balance – not upheld Standard 5 (accuracy) – item inaccurately reported that newspaper article said that the engineers were exaggerating their achievements – not otherwise inaccurate – upheld Standard 6 (fairness) – article ambiguous in parts – unfair to complainant to misreport the exaggeration claims as being made by the engineers – not otherwise unfair – upheldNo OrderThis headnote does not form part of the decision.…...

Decisions
Baxter and Television New Zealand Ltd - 2004-221
2004-221

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – item about the delay in election results from the Wellington local body elections – reporter described the Single Transferable Voting (STV) system as “discredited” – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – focus of item not on STV system – no balance required on STV issue – not upheld Standard 5 (accuracy) – in light of focus of item, word “discredited” referred to administration of STV system, not system itself – sufficient basis for reporter to use word accurately in this context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Tonight on TV One at around 10. 35pm on 20 October 2004 reported that, twelve days after the local body election, the final vote for the Wellington City Council had been announced....

Decisions
Mental Health Foundation of New Zealand and Bipolar/Manic Depression Society Inc and Television New Zealand Ltd - 2002-074, 2002-075
2002-074–075

ComplaintsShortland Street – character with bipolar disorder – portrayed as obsessive, delusional and violent – inaccurate – unfair – stereotyping FindingsStandard G1/Standard 5 – fiction – not applicable Standard G6/Standard 4 and Guideline 4a – fiction – not applicable Standard G13/Standard 6 and Guideline 6g – no discrimination – dramatic work – no uphold Standard G20/Standard 4 and Guideline 4b – fiction – not applicable Standard G21/ Standard 5 and Guideline 5a – fiction – not applicable This headnote does not form part of the decision. Summary [1] A storyline about a character with bipolar disorder ("Jack Hewitt") screened during episodes of Shortland Street broadcast on TV2 at 7. 00pm on weeknights from 3 December to 14 December 2001 and on 21 January 2002. During these episodes, "Jack" attempted to kill "Chris Warner", kidnapped "Rachel McKenna" and then committed suicide....

Decisions
Kammler and Television New Zealand Ltd - 2000-045
2000-045

ComplaintOne Network News – economic report – deficit – inaccurate – omission of information FindingsStandard G14 – no further information necessary – not inaccurate – simplicity important in reporting news in accessible way – no uphold This headnote does not form part of the decision. Summary An item on One Network News broadcast on TV One at 6pm on 21 December 1999 concerned New Zealand’s deficit. It was reported that economists and politicians had emphasised that increased saving and exports were required to improve the deficit. K H Peter Kammler complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurately reported because "invisibles" such as the profits of overseas shareholders were not mentioned as a major factor in contributing to the deficit. He also contended that the suggestion made in the item that increasing exports would assist in reducing the deficit was "fraught with… difficulties"....

Decisions
Ngaei, Association of Salaried Medical Specialists and New Zealand Medical Association and Television New Zealand Ltd - 2004-135
2004-135

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....

Decisions
Fraser and Television New Zealand Ltd - 2004-203
2004-203

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

Decisions
Gough and TVWorks Ltd - 2007-114
2007-114

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – item on formaldehyde levels in imported clothing – allegedly inaccurate Findings Standard 5 (accuracy) – programme would have misled and unnecessarily alarmed viewers in its presentation of formaldehyde test results – upheld Orders Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $4,000 This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast on TV3 at 7. 30pm on 21 August 2007. The programme discussed the use of formaldehyde, “a highly toxic chemical that can be fatal”, in the manufacture of clothing. The presenter stated that formaldehyde was used to help keep fabric stain-free, wrinkle-free and disinfected....

Decisions
Shandil and Apna Networks Ltd - 2006-049
2006-049

Complaint under section 8(1)(a) of the Broadcasting Act 1989Special talkback show on Apna’s first birthday hosted by Programme Director – complainant was a former employee and telephoned the show – call disconnected – later caller told that the former employee’s employment had been terminated or he had resigned – allegedly in breach of privacy, inaccurate and unbalanced FindingsPrinciple 3 (privacy) – no private fact disclosed – not upheld Principle 4 (balance) – broadcast did not deal with controversial issue of public importance – not upheld Principle 6 (accuracy) – broadcast did not deal with news and current affairs – not upheld This headnote does not form part of the decision. Broadcast [1] On 30 April 2006, Apna 990am celebrated its first birthday and invited callers to express their views on air. The session was hosted by Apna’s Programme Director, Shahil Shah. [2] At about 4....

Decisions
Turangi/Tongariro Community Board and Television New Zealand Ltd - 2006-108
2006-108

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – reported public criticism of Taupo District Council’s apparent inaction in Turangi over the state of a swimming pool, sports ground facilities, and footpaths – interviewed chairman of the Taupo/Tongariro Community Board – allegedly in breach of standards relating to the maintenance of law and order, balance, fairness and accuracy FindingsStandard 2 (law and order) – no disrespect for principles of law shown– not upheld Standard 4 (balance) – state of council facilities was controversial issue of public importance and reasonable opportunity given to respond to criticisms – not upheld Standard 5 (accuracy) – criticisms advanced by named residents – not upheld Standard 6 (fairness) – Mr Ormsby given opportunity to reply to criticisms of specific facilities – Turangi described fairly – opportunity for residents to participate in setting priorities for expenditure of rates explained – not upheld This headnote does not form part of…...

Decisions
McArthur and CanWest TVWorks Ltd - 2005-111
2005-111

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Decisions
Delahunt and Television New Zealand Ltd - 2004-048
2004-048

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item describing shooting down in Iraq of US military helicopter by “enemy fire” – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – balance provided in period of current interest – not upheld Standard 5 (accuracy) – not inaccurate in this context – not upheld This headnote does not form part of the decision. Broadcast [1] An item which described the shooting down in Iraq of a US military helicopter by “enemy fire” was broadcast on One News on 3 January 2004 at 6. 00pm. Complaint [2] Simon Delahunt complained to Television New Zealand Ltd, the broadcaster, that describing Iraqis as the “enemy” was unbalanced and inaccurate. In his view, the use of this: … subjective, generic term forg[ed] an identification between the New Zealand viewer and the occupier of Iraq....

Decisions
Harrison and Television New Zealand Ltd - 2009-061
2009-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

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