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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
OK Gift Shop Ltd and CanWest TVWorks Ltd - 2004-199
2004-199

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Item on 3 News focussing on the sale of imported jade marketed as New Zealand pounamu – complainant’s shop identified – interior of shop shown in hidden camera sequence – unrelated shop assistant shown – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – subsumed under fairness Standard 5 (accuracy) – subsumed under fairness Standard 6 (fairness) – shop clearly identified – no opportunity given to comment – hidden filming unjustified – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] 3 News, broadcast at 6pm on 21 September 2004, contained an item reporting on moves taken by Ngai Tahu to control the marketing of pounamu (New Zealand greenstone). The item alleged that overseas jade was being passed off as pounamu....

Decisions
McDonald and Television New Zealand Ltd - 2010-015
2010-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that the average difference between men’s and women’s weekly pay was 31 percent – allegedly in breach of accuracy FindingsStandard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 14 December 2009, examined the issue of gender pay equity in New Zealand. The reporter interviewed a pay equity expert, who stated that “the gender pay gap here in New Zealand is actually wider than most people think. The average difference between men’s and women’s weekly pay is 31% this year....

Decisions
Henry and Radio New Zealand Ltd - 1997-163
1997-163

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-163 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R. IAN HENRY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED S Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Bayliss and Central FM Ltd - 2024-092 (9 June 2025)
2024-092

The Authority has upheld a complaint from Kathryn Bayliss about an item on Cockies Hour concerning a discussion between Steve Wyn-Harris and the Chair of the Tukituki Water Security Project after the project was included on the Fast-track Approvals Bill's list of projects released on 6 October 2024. The Authority agreed the description of the 22 hectares of Department of Conservation land needed for the dam project as ‘only stewardship land’, when approximately 93% of it has ‘conservation park status’, was a material inaccuracy which the broadcaster had not made reasonable efforts to avoid. The Authority also found the broadcaster failed to correct the error within a reasonable period after being put on notice. Upheld: Accuracy Orders: Section 13(1)(a) Broadcasting Act 1989 - statement published on air and online...

Decisions
Staples & Claims Resolution Service Ltd and Television New Zealand Ltd - 2019-038 (30 September 2019)
2019-038

The Authority did not uphold a complaint that an episode of Sunday about legal proceedings brought against Claims Resolution Service Ltd breached the accuracy or fairness standards. The programme discussed the service provided by Bryan Staples and Claims Resolution Service Ltd to Christchurch home owners looking for help to resolve claims with their insurance companies and the Earthquake Commission after the Canterbury earthquakes. The Authority found that none of the statements made about the proceedings raised by the complainants were inaccurate or misleading. The Authority also found that the edited version of a phone call between Mr Staples and John Campbell that was broadcast fairly and accurately reflected the tenor of the views expressed by Mr Staples. Finally the Authority found that TVNZ gave Mr Staples a fair and reasonable opportunity to comment prior to the broadcast. Not Upheld: Accuracy, Fairness...

Decisions
Waisbrod and Television New Zealand Ltd - 2024-012 (22 April 2024)
2024-012

The Authority has not upheld a complaint a news report on 1News breached several standards, by using the phrase Hamas ‘fighters’, rather than Hamas ‘terrorists’. The Authority found the choice of word could not reasonably be said to encourage the different treatment of Jewish or Israeli people, devalue their reputation, or embed negative stereotypes about them. Under accuracy, the Authority found the word was not inaccurate, was not material in the context of the broadcast as a whole, and there was no harm at a level justifying limitation of the broadcaster’s right to freedom of expression and editorial independence. The balance and fairness standards did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Balance and Fairness...

Decisions
McDermott and SKY Network Television Ltd - 2017-056 (4 September 2017)
2017-056

Summary[This summary does not form part of the decision. ]Peter Popoff Ministries is a religious programme hosted by controversial televangelist, Peter Popoff. This programme featured Popoff and his wife preaching and allegedly healing audience members, as well as testimonies from various attendees about miracles and financial rewards received from God after they bought Popoff’s ‘Miracle Spring Water’. The Authority did not uphold a complaint that the programme was ‘fraudulent’, as it took advantage of viewers who may be misled by the programme into losing money. The Authority acknowledged the complainant’s genuine and well intentioned concerns. However, it found that the accuracy standard did not apply to religious programming, such as Peter Popoff’s Ministries, and programme selection and scheduling decisions fell to the responsible broadcaster to determine. Not Upheld: Accuracy Introduction[1] Peter Popoff Ministries is a religious programme hosted by controversial televangelist, Peter Popoff....

Decisions
WR and MediaWorks TV Ltd - 2018-059 (26 October 2018)
2018-059

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about a segment on The Project that discussed whether bystanders should step in if they see parents treating their children in a way they do not agree with. At the beginning of the segment the presenters described an incident in which a father (the complainant) allegedly disciplined his son by denying him afternoon tea. Another parent reported this to Oranga Tamariki, who later found no cause for action and dismissed the complaint. The complainant argued the segment omitted important details about the incident, and was unbalanced and unfair. The Authority acknowledged the significant effect these events have had on the complainant and his family....

Decisions
Richmond and RadioWorks Ltd - 2013-023
2013-023

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Decisions
Soper and MediaWorks TV Ltd - 2014-071
2014-071

Summary [This summary does not form part of the decision. ] A 3 News item reported on a charge of offensive language laid against a police woman, following an incident between her and a taxi driver. The item showed excerpts of the taxi’s security footage and contained interviews with the taxi company’s managing director and office manager who were critical of the police and considered assault charges should have been laid. The Authority did not uphold the complaint that the item prejudiced the police woman’s right to a fair hearing and that it was inaccurate and unfair. There was high public interest in the item, the item was largely presented from the perspective of the interviewees and the taxi company, and it did not encourage viewers to break the law or otherwise promote criminal activity....

Decisions
Drury and Daisley and TV3 Network Services Ltd - 1996-130, 1996-131, 1996-132
1996-130–€“132

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-130 Decision No: 1996-131 Decision No: 1996-132 Dated the 10th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NICK DRURY (2) of Rotorua and C J DAISLEY of Rotorua Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Morrison & New Homes Direct Ltd and Television New Zealand Ltd - 2021-150 (31 August 2022)
2021-150

The Authority has upheld a complaint that an item on Fair Go that dealt with various issues arising from a house being built breached the accuracy and fairness standards. The Authority found the programme was inaccurate and misleading in its portrayal of the issues involved in building the house. It found the complainants were portrayed unfairly and their views were not fairly reflected in the programme. It also found there was no breach of the privacy standard, and the balance standard did not apply as the programme did not deal with a controversial issue of public importance.   Upheld: Accuracy, Fairness Not Upheld: Privacy, Balance Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs and $98. 70 disbursements, Section 16(4) $1000 costs to the Crown...

Decisions
Thornton and Television New Zealand Ltd - 1994-018
1994-018

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 18/94 Dated the 28th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID THORNTON of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Stevens and Television New Zealand Ltd - 2009-124
2009-124

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – two “coming up” promos and opening segment of One News reported that an actor had been “gunned down” by police – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – use of the term "gunned down" not misleading – not upheld Standard 6 (fairness) – police representative was given opportunity to explain why the shooting occurred – police treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A “coming up” promo for One News was broadcast at 5. 41pm on Thursday 27 July 2009. The promo included a brief report which stated: Coming up on tonight’s One News, an actor is gunned down by police in a suburban Auckland street. [2] A second promo for the news was broadcast at 5....

Decisions
Watercare Services Ltd and Television New Zealand Ltd - 2011-043
2011-043

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on water leak in West Auckland – stated that Watercare had failed to respond to complaints about water leak – interviewed representative from Watercare – showed person drinking water which had come from storm-water drain – allegedly in breach of standards relating to accuracy, fairness and children’s interests FindingsStandard 5 (accuracy) – item created impression that complaints made to Watercare and that Watercare failed to respond to complaints – Watercare and council separate organisations – item inaccurate and misleading – however, in light of factual background, broadcaster made reasonable efforts to ensure item accurate and did not mislead – not upheld Standard 6 (fairness) – Watercare invited to appear on Close Up with regard to complaint made 6 November – Watercare given sufficient opportunity to check records given nature of allegations made against it – not upheld…...

Decisions
Batchelor and RadioWorks Ltd - 2012-058
2012-058

Complaint under sections 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Michael Laws Talkback – Mr Laws interviewed the complainant, Karen Batchelor, a spokesperson for the American Pit Bull Terrier Association – Mr Laws accused Ms Batchelor of misquoting statistics and making untrue statements – Mr Laws made comments such as “you’re just as bad as your dogs” and, “can you wear a muzzle” – allegedly in breach of good taste and decency, accuracy, fairness, discrimination and denigration, and responsible programming standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsStandard 6 (fairness) and Action Taken – Mr Laws took an overly aggressive approach and continuously interrupted the complainant – he made comments that were personally abusive and accused the complainant of lying – overall complainant was treated unfairly – serious breach of fairness standard – action taken by broadcaster was insufficient – upheld Standard 5…...

Decisions
Craig and The Radio Network Ltd - 2003-132
2003-132

ComplaintNewstalk ZB – Paul Holmes Breakfast – Advertising Standards Complaints Board upheld a complaint about a Levi jeans advertisement – host critical of what he regarded as religious bigotry – socially irresponsible – unbalanced – inaccurate FindingsPrinciple 4 – not applicable – no uphold Principle 6 – not applicable – no uphold Principle 7 – satire – no uphold This headnote does not form part of the decision. Summary [1] Paul Holmes, as the host of Paul Holmes Breakfast on Newstalk ZB, was highly critical of religious bigotry which, he contended, was the motivation for some people to complain about a television advertisement for Levi jeans. He expressed the view, by way of comment, in a broadcast shortly before 8. 00am on 27 August 2003. [2] Ross Craig complained to The Radio Network Ltd, the broadcaster, that the comments lacked balance, fairness and accuracy....

Decisions
Jenkins and Television New Zealand Ltd - 2002-062
2002-062

ComplaintLate Edition – news item – Solicitor General to appeal sentences of two convicted murderers, Dartelle Alder and Colin Bouwer – complainant convinced Mark Burton shown in item – breach of good taste and decency – inaccurate FindingsStandards 1 and 5 – complainant mistaken – Mark Burton not shown in item – no uphold This headnote does not form part of the decision. Summary [1] An item on Late Edition broadcast on TV One at 10. 45pm on 16 January 2002 reported that the Solicitor General was to appeal the sentences of two convicted murderers, Dartelle Alder and Colin Bouwer. The item included footage of the two men. [2] Ron Jenkins complained to Television New Zealand Ltd, the broadcaster, that the item included footage of Mark Burton, who was found not guilty on the grounds of insanity of murdering his mother....

Decisions
Jensen and Radio New Zealand Ltd - 2006-117
2006-117

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – item about industrial action by Progressive Enterprises and potential involvement of Maritime Union – host interviewed Maritime Union general secretary – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – statement complained about was peripheral to the controversial issue of public importance under discussion – host not required to challenge every statement made by an interviewee – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld This headnote does not form part of the decision. Broadcast [1] On 8 September 2006 at 7. 51am, an item on Morning Report discussed the lockout imposed by Progressive Enterprises against striking members of the National Distribution Union (NDU). Progressive held approximately 45% of the New Zealand grocery market and operated the Foodtown, Woolworths and Countdown supermarket groups....

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