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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....

Decisions
Benson & Far North Cable TV Ltd and Doubtless Bay Family Radio - 2006-054
2006-054

Complaint under section 8(1)(a) of the Broadcasting Act 1989Simulcast by broadcasters of the Good Vibrations Carnival at Cooper’s Beach between 1pm and 5pm Saturday 15 April 2006 – carnival organised as community response to Dr Neil Benson’s plan to open a brothel at Cooper’s Beach – broadcast included comments critical of brothel proposal and extracts critical of the proposal from the meeting at Mangonui Town Hall organised to discuss brothel proposal – broadcasts allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsDoubtless Bay Family RadioPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – approach taken in broadcast clearly explained and reasonable opportunities given for other significant points of view – not upheldPrinciple 5 (fairness) – Bensons not dealt with unfairly – not upheldPrinciple 6 (accuracy) – no inaccuracies – not upheldPrinciple 7 (social responsibility) – brothel owners not denigrated or discriminated against – not upheldFar…...

Decisions
Mahon and Wolf and Television New Zealand Ltd - 2010-126
2010-126

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Decisions
The Monarchist League of New Zealand Inc and Radio New Zealand Ltd - 2002-147
2002-147

ComplaintNational Radio – Insight – edited highlights of a panel discussion on republicanism and the Treaty of Waitangi – unbalanced – lack of editorial integrity FindingsPrinciple 4 – not a controversial issue – no uphold Principle 6 – not news or current affairs – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme broadcast on National Radio on 3 June 2002, comprised edited highlights of a panel discussion on republicanism and the Treaty of Waitangi. [2] Dr Noel Cox, on behalf of The Monarchist League of New Zealand Inc, complained to Radio New Zealand Limited, the broadcaster, that the programme was unbalanced, its timing inappropriate, and it lacked editorial integrity....

Decisions
Jonson and CanWest RadioWorks Ltd - 2005-099
2005-099

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

Decisions
Kings College and Taylor and Television New Zealand Ltd - 1995-019, 1995-020
1995-019–020

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 19/95 Decision No: 20/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by KINGS COLLEGE of Auckland and its headmaster JOHN TAYLOR Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
The New Zealand Forest Owners Association Inc and Discovery NZ Ltd - 2022-022 (26 April 2022)
2022-022

The Authority has not upheld a complaint from the New Zealand Forest Owners Association alleging an item about the sale of a sheep and beef station, Huiarua, to an overseas buyer breached the accuracy and balance standards. The Authority found no breach of the balance standard as the majority of the item was about the sale of a specific piece of land, and the period of interest is ongoing. The broadcaster also noted it would endeavour to include forestry perspectives in future items covering the issue. In context, it was not misleading for the item to not discuss the ‘special forestry pathway’ under the Overseas Investment Act, and the distinction between production forestry and carbon farming was not material to the item. While there were aspects of the issues discussed which were not included in the item, it would not have misled viewers to an extent justifying regulatory intervention....

Decisions
Accident Compensation Corporation and TVWorks Ltd - 2009-074
2009-074

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Nightline – alleged that ACC had not fulfilled its legal obligation to tell its clients about an Independent Earner Tax Credit – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – complainant concerned that it was not given an opportunity to respond to one statement in the item – that issue was not a controversial issue of public importance – not upheld Standard 5 (accuracy) – item was inaccurate in stating that ACC had a legal obligation to inform its clients of the credit – one aspect upheld OrderSection 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast at 6pm on TV3 on 17 April 2009, and repeated on Nightline at 10....

Decisions
Sheehan and Television New Zealand Ltd - 1998-096
1998-096

Summary A news item broadcast on One Network News on 14 April 1998 between 6. 00-7. 00pm referred to some of the recommendations in the government’s review on firearms. It was reported that members of the anti-gun lobby were dissatisfied with the government’s lack of progress in implementing the recommendations. Paul Sheehan of Christchurch complained to Television New Zealand Ltd, the broadcaster, that the report on the recommendation to buy back semi-automatic weapons was inaccurate and misleading. In addition he complained about what he called the "incorrect implication" that gun laws had not been tightened, and the failure to balance the discussion by including a person from the pro-gun lobby. TVNZ advised that it upheld the aspect of the complaint regarding the recommendation to buy back semi-automatic weapons....

Decisions
Barker and Television New Zealand Ltd - 1999-012
1999-012

SummaryPreparations were proceeding for an early election in April 1999, according to the promo for news items broadcast on TV One at about 9. 30pm on 19 November 1998. In the item on Tonight it was reported that preparations were under way for the possibility of an early election. Mrs Barker complained to Television New Zealand Ltd, the broadcaster, that the promo was an inaccurate summary of the item to follow, as it failed to clarify that the preparations were being made only on the basis that there was a possibility of an early election. She argued that the promo was inaccurate, unreliable and a distortion of the item which followed. TVNZ responded that both the promo and the item were accurate in reporting that in the Electoral Office, planning was under way for an early election....

Decisions
Sanders and Television New Zealand Ltd - 1996-020
1996-020

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-020 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LAURIE SANDERS of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Wellington Palestine Group and Television New Zealand Ltd - 2021-025 (22 June 2021)
2021-025

The Authority has not upheld a complaint about an item on 1 News covering the impact of COVID-19 on attendance at Christmas celebrations around the world. The complaint was the coverage of celebrations in Bethlehem, with reference to the closure of Israel’s international airport, created the impression that Bethlehem is part of Israel. The Authority acknowledged Bethlehem is a highly contested area, but also noted the broadcast was not about the Israel-Palestine conflict. The Authority found, in the context of the broadcast, the brief segment on celebrations in Bethlehem and the simple reference to the closure of Israel’s international airport was unlikely to have misled viewers. Not Upheld: Accuracy...

Decisions
Yates and Otago Access Radio - 2022-023 (18 May 2022)
2022-023

The Authority has not upheld a complaint about two broadcasts on The OARsome Morning Show and The Afro-Caribbean Show respectively on OAR FM Dunedin, where the hosts shared their experiences of receiving the COVID-19 booster vaccine, and encouraged the audience to get vaccinated. The complainant alleged the broadcasts breached the accuracy and balance standards as they did not mention the risk of adverse reactions. The Authority found that the broadcasts did not imply any side effects would be minimal/non-existent and were not misleading by omitting mention of potential adverse reactions. The balance standard did not apply as the broadcasts did not discuss a controversial issue of public importance. Not Upheld: Accuracy, Balance...

Decisions
Allen and Wane and Television New Zealand Ltd - 1996-021, 1996-022
1996-021–022

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-021 Decision No: 1996-022 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WINTON ALLEN of Lower Hutt and A G T WANE of Warkworth Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
D'Errico and Capital City Television Ltd - 1996-120
1996-120

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-120 Dated the 19th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J D�ERRICO of Wellington Broadcaster CAPITAL CITY TELEVISION LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Wellington Palestine Group and Television New Zealand Ltd - 1997-037
1997-037

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-037 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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
Tichbon and Television New Zealand Ltd - 2000-171
2000-171

ComplaintDocumentary New Zealand: "Finding Family" – violent family relationship described by woman victim – inaccurate – unfair – unbalanced – discriminated against men FindingsProgramme about family reunification, not spousal abuseStandard G1 – no uphold Standard G4 – no uphold Standard G6 – no uphold Standard G13 – no uphold This headnote does not form part of the decision. Summary The theme of Documentary New Zealand: "Finding Family", broadcast on TV One on 31 July 2000 beginning at 8. 30pm, was the reunification of family members who had been separated. One woman described how she had become separated from her son when she escaped from a violent relationship some 30 years previously. He was tracked down by the Salvation Army in Australia....

Decisions
Catran and 4 Others and Kool FM - 2009-051
2009-051

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kool FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – controversial issue of public importance discussed – broadcaster did not make reasonable efforts to present significant viewpoints during the period of current interest – upheld Standard 6 (fairness) – Mr Muir allowed to make serious, unchallenged and unsubstantiated allegations of impropriety and illegal behaviour about named individuals – Mr Sieling, Mr Catran and Mr Hewlett dealt with unfairly – comments about Mr Barclay and Mr Bartley were brief general criticisms and as such they were not treated unfairly – upheld Standard 5 (accuracy) – subsumed into consideration of Standards 4 and 6 OrdersSection 13(1)(a) –…...

Decisions
Keane and Television New Zealand Ltd - 2010-082
2010-082

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – 4 June report on New Zealander and Viva Palestina aid worker Nicola Enchmarch’s reaction to being caught up in an Israeli commando raid on a flotilla off Gaza – 5 June report on New Zealand protest marchers demonstrating against the raid – both items allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 2 (law and order) – items did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – items provided a New Zealand perspective on the raid – reports did not amount to a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6…...

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