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Decisions
Smith and TVWorks Ltd - 2013-035
2013-035

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the findings of an investigation into the actions of the Government Communications Security Bureau, and the Government’s proposed response to those findings – allegedly in breach of accuracy standardFindingsStandard 5 (accuracy) – this was a straightforward news report on the findings of an investigation into the legality of the agency’s actions – key finding was that the governing legislation was ambiguous and so arguably the agency did not breach it – reported that the Government’s proposed response was to amend the legislation to clarify ambiguity – item did not analyse or discuss the intentions of the governing legislation – reporter’s comments were accurate in context and would not have misled viewers – not upheld This headnote does not form part of the decision....

Decisions
New Zealand Shooters Rights Association Inc, Otago-Southland Firearms Coalition and Beltowski and Television New Zealand Ltd - 1992-074, 1992-075, 1992-076
1992-074–076

Download a PDF of Decision No. 1992-074–076:New Zealand Shooters Rights Association Inc, Otago-Southland Firearms Coalition and Beltowski and Television New Zealand Ltd - 1992-074, 1992-075, 1992-076 PDF1. 9 MB...

Decisions
CG and Television New Zealand Ltd - 2013-082
2013-082

Summary [This summary does not form part of the decision. ]An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance. The Authority upheld the complaint from the tenant that the programme breached her privacy and that she had been treated unfairly. The broadcaster could not demonstrate that the complainant had given consent to appear in the programme, and she had made her objections known to both the broadcaster and the production company before this third repeat broadcast, which occurred four years after the filming took place. Upheld: Fairness, PrivacyNot Upheld: Accuracy, Children’s InterestsOrder: Section 13(1)(d) – compensation to the complainant for breach of privacy $1,000Introduction[1] An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance....

Decisions
Right to Life New Zealand Inc and Radio New Zealand Ltd - 2015-095 (14 April 2016)
2015-095

Summary[This summary does not form part of the decision. ]Morning Report featured an interview with assisted dying campaigner Matt Vickers about recent legislative changes to permit physician-assisted dying in California and the desirability of law reform in New Zealand. The Authority did not uphold a complaint that the interview was unbalanced and inaccurate because it allegedly advocated assisted dying and did not include alternative views on the issue. Both the interviewer and interviewee acknowledged different perspectives on assisted dying and listeners could reasonably be expected to be aware of significant viewpoints on the issue. Not Upheld: Controversial Issues, AccuracyIntroduction[1] Morning Report featured an interview with Matt Vickers, an assisted dying campaigner and the husband of the late Lecretia Seales, about recent legislative changes to permit physician-assisted dying in California and the desirability of law reform in New Zealand....

Decisions
Parlane and MediaWorks Radio Ltd - 2018-075 (14 November 2018)
2018-075

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Decisions
Right to Life New Zealand and Discovery NZ Ltd - 2021-054 (2 August 2021)
2021-054

The Authority has not upheld a complaint about coverage on The AM Show of proposed changes to safe zones around abortion clinics. The statements alleged to be inaccurate were comment, opinion or analysis, to which the accuracy standard does not apply. The balance standard did not apply as the separate news bulletins did not amount to a discussion; and in any event, differing perspectives from Abortion Rights Aotearoa and Voice for Life NZ were included. The fairness standard did not apply. Not Upheld: Accuracy, Balance, Fairness...

Decisions
Waddington and SKY Network Television Ltd - 2014-140
2014-140

Summary [This summary does not form part of the decision]An episode of The Brokenwood Mysteries portrayed a character believed to have Asperger Syndrome as a lead suspect in a murder. The Authority did not uphold the complaint that the broadcast denigrated people with Asperger Syndrome. The programme legitimately employed dramatic licence to develop this fictional character, and the character was not intended as a comment on, or a reflection of, all people with Asperger Syndrome. Not Upheld: Discrimination and Denigration, Accuracy, FairnessIntroduction[1] An episode of a local murder mystery series, The Brokenwood Mysteries portrayed a character believed to have Asperger Syndrome (Amanda) as a lead suspect in a murder. Amanda was portrayed as intense and socially awkward, which other characters attributed to her possible Asperger Syndrome. Amanda was later proven not to be the murderer....

Decisions
Attorney General of Samoa and Television New Zealand Ltd - 2009-066
2009-066

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Tagata Pasifika – reported on One News investigation into criminal gangs, drugs and weapon smuggling in Samoa – allegedly in breach of law and order, balance, accuracy and fairness standards Findings Standard 4 (balance) – items discussed controversial issue of public importance – only presented one perspective, that the situation in Samoa was extremely serious – viewers needed information about the gravity of the problem in a wider context and from other perspectives – upheld Standard 5 (accuracy) – reporter accurately reported what she was told by the “Makoi boys” but under the circumstances should have questioned their reliability and made efforts to corroborate what they said – complainant’s other concerns appropriately dealt with under balance – one aspect upheld Standard 6 (fairness) – “Makoi boys” did not understand the nature of the programme or their proposed contribution – upheld – programme…...

Decisions
ChildFund New Zealand and CanWest Radioworks Ltd - 2007-055
2007-055

Complaint under section 8(1)(b) of the Broadcasting Act 1989Truth Radio – host made statements about ChildFund and other child sponsorship organisations – allegedly inaccurateFindings Principle 6 (accuracy) – comments made by host were clearly distinguishable as opinion – accuracy standard did not apply – not upheldThis headnote does not form part of the decision. Broadcast[1] During an item broadcast on Radio Pacific’s Truth Radio programme on 28 March 2007, the host John Banks made some comments regarding child sponsorship organisations. The host had taken a call from a listener who wanted to discuss how the organisation Child Fund New Zealand operated. [2] In relation to ChildFund’s operations the host said that it was a: . . ....

Decisions
New Zealand Maritime Safety Authority and TV3 Network Services Ltd - 2004-116
2004-116

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – “Troubled Waters” – boating accident involving fishing expert Wayne Wills aka “Bill Hohepa” – allegedly unbalanced, inaccurate and unfair as item suggested that Maritime Safety Authority had relentlessly and unjustifiably pursued, and continued to pursue, Mr WillsFindings Standard 4 (balance) – reasonable efforts made to present significant points of view – not upheld Standard 5 (accuracy) – item contained one inaccuracy – upheld Standard 6 (fairness) – Mr Wills’ view was not unfair to the MSA – not upheld No OrderThis headnote does not form part of the decision. Broadcast [1] The consequences of a boating incident in 1996 involving the fishing expert Wayne Wills, better known and referred to in the programme as “Bill Hohepa”, in which one person drowned, was dealt with in an item broadcast on TV3 in 60 Minutes on 8 December 2003....

Decisions
Steadman and Television New Zealand Ltd - 2004-189
2004-189

The chair, Joanne Morris, declared a conflict of interest and declined to participate in the determination of this complaint....

Decisions
Wellington Palestine Group and Television New Zealand Ltd - 2015-101 (12 May 2016)
2015-101

Summary[This summary does not form part of the decision. ]An item on ONE News reported on incidents of violence in Israel and Palestine. The newsreader said, ‘Road blocks are in place and thousands of police and soldiers are patrolling across Israel as it tries to stop a wave of violence’, and then crossed to a correspondent reporting from East Jerusalem. The item also went on to report on other incidents of violence between Israelis and Palestinians, including in Gaza. The Authority upheld a complaint that the item was inaccurate because East Jerusalem is internationally recognised as being part of Palestine, not Israel, and viewers would have been misled into thinking that much of the violence took place in Israel. Upheld: AccuracyNo OrderIntroduction[1] An item on ONE News reported on incidents of violence in Israel and Palestine....

Decisions
New Zealand Wheel Clamping Ltd, MacAlpine and Valentic and TVWorks Ltd - 2011-081
2011-081

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...

Decisions
Pietkiewicz and Television New Zealand Ltd - 2012-013
2012-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on an incident at Fairfield College in which a group of teenage girls were admitted to hospital after taking drugs – included summary of problems previously experienced at Fairfield College – allegedly in breach of standards relating to controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – in any event, alternative viewpoints were presented and representatives from Fairfield College were invited to appear on the programme – not upheld Standard 5 (accuracy) – item was not inaccurate and did not create a misleading impression about the problems faced at Fairfield College – not upheld Standard 6 (fairness) – Fairfield College was provided with a reasonable opportunity to comment and its response was adequately conveyed in the broadcast – Fairfield College was treated fairly – not upheld This…...

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
Dougherty and Television New Zealand Ltd and TVWorks Ltd - 2010-142
2010-142

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and 3 News – items reported on New Zealand Film and Television Awards – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – material to be included in news items is a matter of editorial discretion not broadcasting standards – Authority declines jurisdiction to accept and consider the complaints on the grounds that Mr Dougherty did not lodge valid formal complaints with the broadcasters This headnote does not form part of the decision. Broadcast [1] On Sunday 19 September 2010, both One News (broadcast on TV One) and 3 News (broadcast on TV3) reported on the results of the Qantas Film and Television Awards which had been announced the previous evening. Complaints [2] Ian Dougherty made formal complaints to Television New Zealand Ltd and TVWorks Ltd, the broadcasters, alleging that the news items breached Standard 5 (accuracy)....

Decisions
Popa and MediaWorks TV Ltd - 2014-095
2014-095

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

Decisions
Browne and Television New Zealand Ltd - 2012-078
2012-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Last Chance Dogs – reality series about dogs with behavioural problems and their owners – resident dog trainer worked to retrain the dogs to be better behaved – dog training methods allegedly outdated and harmful – allegedly in breach of controversial issues, accuracy, responsible programming and violence standards FindingsStandards 4 (controversial issues) – programmes did not discuss a controversial issue of public importance but focused on individual cases – not upheld Standard 5 (accuracy) – programmes did not contain any material inaccuracies – commentary would have been interpreted by viewers as such – not upheld Standard 8 (responsible programming) – programmes appropriately classified PGR – episodes contained clear disclaimer – not upheld Standard 10 (violence) – display of dog training methods was not “violence” as envisaged by the standard – not upheld This headnote does not form part of the decision....

Decisions
Golden and Rose and Radio New Zealand Ltd - 2014-002
2014-002

Summary [This summary does not form part of the decision. ]During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’. The Authority did not uphold two complaints that the host allowed Mr Pollard to make one-sided, inaccurate comments that were highly critical of conspiracy theorists. This was clearly an opinion piece, on a topic of human interest, so Mr Pollard’s comments were not subject to standards of accuracy, and the broadcaster was not required to present other significant viewpoints. Not Upheld: Accuracy, Controversial Issues, Fairness, Discrimination and DenigrationIntroduction[1] During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’....

Decisions
Earlly and Radio Pacific Ltd - 1991-008
1991-008

Download a PDF of Decision No. 1991-008:Earlly and Radio Pacific Ltd - 1991-008 PDF578. 13 KB...

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