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Decisions
Ministry of Social Development Te Manatu Whakahiato Ora and Television New Zealand Ltd - 2004-067
2004-067

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item about Work and Income computer error leading to disclosure of information about some Work and Income clients, and ramifications for beneficiaries – allegedly sensationalist, unbalanced, inaccurate and unfairFindings Standard 2 (law and order) – subsumed under Standard 6 Standard 4 (balance) – Ministry’s position not adequately presented – upheld Standard 5 (accuracy) – item contained many inaccuracies – upheld Standard 6 (fairness) – item unfair to Ministry and its chief executive – upheldOrder Broadcast of a statement This headnote does not form part of the decision. Broadcast {1} An item on One News, broadcast on TV One on 27 November 2003, reported on a computer error made by Work and Income, a division of the Ministry of Social Development, which had caused some information about some Work and Income clients to be sent to other clients....

Decisions
Radley and Angus and Television New Zealand Ltd - 2011-142
2011-142

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaints under section 8(1) of the Broadcasting Act 1989 Labour Party Asset Sales Advertisement – contained comment, “vote National and kiss your assets goodbye” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – advertisement was clearly Labour’s analysis and opinion of National’s policy on asset sales – guideline 5a to Standard exempts analysis and opinion from standards of accuracy – viewers would have understood that the advertisement was encouraging people to vote for Labour – freedom of expression crucial to democracy and political debate – not upheld This headnote does not form part of the decision. Introduction [1] An advertisement for the New Zealand Labour Party was broadcast on TV One on 14 November 2011 at 7am, and on 24 November 2011 at 7....

Decisions
Beardsley and TVWorks Ltd - 2012-020
2012-020

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on likely ban of guided heli-hunting on conservation land – contained file footage of commercial deer recovery – footage allegedly inaccurate, misleading and unfair FindingsStandard 5 (accuracy) – footage of commercial hunting would have misled viewers to believe that it applied directly to the story – footage should have been explained to ensure that viewers understood it related to commercial hunting which is a completely different industry to heli-hunting – broadcaster did not make reasonable efforts to ensure that the item did not mislead – upheld Standard 6 (fairness) – commercial hunting industry was not an “organisation” for the purposes of the standard – not upheld No Order This headnote does not form part of the decision....

Decisions
Vickery and Television New Zealand Ltd - 2003-034
2003-034

ComplaintOne News – CCS referred to as Crippled Children’s Society – obsolete – discriminatory – inaccurate – unfair FindingsStandard 5 – not inaccurate – no uphold Standard 6 and Guideline 6g – denigration or discrimination not encouraged – no uphold This headnote does not form part of the decision Summary [1] The return to Wellington of night-club entertainer, Carmen, was dealt with during an item on One News broadcast on TV One between 6. 00–7. 00pm on 25 October 2002. The reporter pointed to one building bearing the CCS logo which, he said, had been a brothel and was now used by the Crippled Children’s Society. [2] Russell Vickery, a National Board Representative with NZCCS, complained to Television New Zealand Ltd, the broadcaster, that as the organisation was the New Zealand CCS Incorporated, it was incorrect and unfair to describe it as the Crippled Children’s Society....

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
Kearney and Television New Zealand Ltd - 2002-200
2002-200

ComplaintHolmes – interview – inappropriate reference to Noam Chomsky – "he should be shot" FindingsStandard 2; Standard 5; Standard 6 – colloquialism – contextual factors – no uphold This headnote does not form part of the decision. Summary [1] An interview with forensic anthropologist Kathy Reichs was broadcast on Holmes on TV One at 7. 00pm on 2 September 2002. Having ascertained that Ms Reichs knew Noam Chomsky, described as an anthropologist (sic), the interviewer (Mr Holmes) commented; "he should be shot". [2] The Kearneys complained to Television New Zealand Ltd, the broadcaster, stating that in the context in which it was spoken the comment "constituted the worst and most disgraceful abuse of the position of an interviewer". [3] In declining to uphold the complaint, TVNZ said the remark carried no malice and was simply a figure of speech, spoken in jest....

Decisions
Auckland District Law Society and Television New Zealand Ltd - 1992-005
1992-005

Download a PDF of Decision No. 1992-005:Auckland District Law Society and Television New Zealand Ltd - 1992-005 PDF1. 07 MB...

Decisions
Wellington Palestine Group and Television New Zealand Ltd - 1997-009
1997-009

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-009 Dated the 13th day of February 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
Balachandran and Television New Zealand Ltd - 1997-070
1997-070

BROADCASTING STANDARDS AUTHORITY Decision No: 1997-070 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DR B BALACHANDRAN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Department of Conservation (Wanganui Conservancy) and Carlin and Radio Pacific Ltd - 1998-035, 1998-036
1998-035–036

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-035 Decision No: 1998-036 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DEPARTMENT OF CONSERVATION (Wanganui Conservancy) and W F CARLIN of Wanganui Broadcaster RADIO PACIFIC LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Benson-Pope and Radio New Zealand Ltd - 2005-083
2005-083

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – broadcast of anonymous interviewee’s allegations that the Hon David Benson-Pope was guilty of bullying students at Bayfield High School – allegedly unbalanced, inaccurate and unfairFindingsPrinciple 5 (fairness) – broadcasting allegations by anonymous interviewee unfair – RNZ did not verify interviewee’s credibility to a high standard before granting anonymity – did not undertake sufficient independent investigations into interviewee’s story – upheld Principle 4 (balance) – controversial issue whether Mr Benson-Pope bullied students during his time as a teacher – RNZ made reasonable efforts to present significant perspectives within period of current interest – not upheld Principle 6 (accuracy) – one aspect subsumed under Principle 5 – decline to determine whether allegations were accurate – describing a caning as a “beating” not inaccurate – not upheldOrdersSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant $5,000…...

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
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
Institute of Directors and Television New Zealand Ltd - 2009-055
2009-055

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported on the former chairman of Bridgecorp, Bruce Nelson Davidson, appearing in the District Court – stated that Mr Davidson was a past president of the Institute of Directors and of the Auckland District Law Society – allegedly in breach of privacy, accuracy and programme information standards Findings Standard 5 (accuracy) – broadcaster upheld accuracy complaint – action taken by broadcaster sufficient – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6....

Decisions
Nelson and The Radio Network Ltd - 2003-120
2003-120

ComplaintLeighton Smith Morning Show – Newstalk ZB – interview with Chuck Missler – evangelist from United States – advanced prophecies from the Bible including some predictions about the Antichrist – inaccurate – unfair – unbalanced – encouraged discrimination FindingsPrinciple 4 – sufficient opportunities for balance – no uphold Principle 6 – not inaccurate – no uphold Principle 7 – denigration did not breach threshold – no upholdThis headnote does not form part of the decision. Summary [1] American evangelist, Chuck Missler, was a guest on the Leighton Smith Morning Show, broadcast on Newstalk ZB, between 10–11am on 18 July 2003. In response to questions from the host and from listeners, Mr Missler spoke about the Antichrist and other predictions in the Bible....

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....

Decisions
Waitemata Health and TV3 Network Services Ltd - 2000-052
2000-052

Ms Loates declared a conflict of interest and did not participate in the determination of this complaint. Complaint 20/20 – documentary – mental health outpatient– inaccuracies – lacked balance – discrimination against mental health patients – verbal agreement about interview content Findings(1) Standard G1 – inaccuracies not proven – no uphold (2) Standard G6 – balance provided where required through interview with mental health provider – no further imbalance proven – mentally ill not portrayed as inferior – no uphold This headnote does not form part of the decision. Summary An item on 20/20 called "Flatmate Wanted" was broadcast on TV3 on 12 September 1999, from 7. 30pm. The item concerned the deaths of Lachlan Jones and Malcolm Beggs and was critical of the mental health system, which it implicated in the deaths....

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
Smart and TVWorks Ltd - 2011-174
2011-174

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – newsreader interviewed a representative of the 'Occupy Wellington' protest movement – allegedly in breach of standards relating to accuracy, fairness, discrimination and denigration FindingsStandard 6 (fairness) – newsreader’s approach challenging but not unfair – interviewee adequately expressed his viewpoint and defended the position of the protestors – interviewee not treated unfairly – not upheld Standard 5 (accuracy) – newsreader’s comments did not amount to points of fact – interviewee’s perspective included so viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – comments did not carry the necessary invective to encourage discrimination or denigration against the protestors as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Baird and RadioWorks Ltd - 2013-041
2013-041

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay-Jay, Mike & Dom Show – contained discussion about a controversial tweet by one of the hosts in which he said, “Girls rapping....

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