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Decisions
Haggett and Television New Zealand Ltd - 1998-143
1998-143

L M Loates was Acting Chairperson in S R Maling's absence. SummaryThe series The New Zealand Wars examined the reasons for, and the outcome of, the battles between groups of Maori and Pakeha particularly during the period 1850–1870. The programme was presented by Professor James Belich and was based on his book with the same name. The series was broadcast on TV One at 8. 30pm on five consecutive Monday evenings between 8 June and 6 July 1998. Mr Haggett complained to Television New Zealand Ltd, the broadcaster, that the series among other matters presented "beliefs" as fact, and that it was biased and racist in suggesting that the "innocent" Maori was butchered by "an evil white man". Emphasising that the series was the "authored" work of an eminent historian whose views had been captured accurately in the series, TVNZ declined to uphold the complaint....

Decisions
Price and Television New Zealand Ltd - 1999-144
1999-144

Summary An item on Holmes featured the Alpha Club which, it reported, represented itself as a travel club. The item suggested the club was involved in pyramid selling activities, and included amateur footage of a club meeting, a woman encouraging another person to join the club, and interviews with people who had attended meetings. An Auckland barrister expressed an opinion that he was in "no doubt" that the activities amounted to pyramid selling. The item was broadcast on TV One on 10 May 1999, commencing at 7. 00 pm. Mr Price complained to Television New Zealand Limited, the broadcaster, that the broadcast was inaccurate, unbalanced, biased and misleading, and that he had suffered financial loss as a result. TVNZ responded that the barrister interviewed was a recognised expert in the field of consumer law....

Decisions
Cotsilinis and 4 Others and Television New Zealand Ltd - 2009-069
2009-069

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Close Up – item on group of duck hunters – hunters shown drinking alcohol and using firearms – brands of alcohol visible – man shown taking his pants off and diving onto a blow-up doll – allegedly in breach of good taste and decency, law and order, balance, accuracy, fairness, children’s interests and liquor promotion standards FindingsStandard 11 (liquor) – item contained liquor promotion that was not socially responsible – upheld Standard 1 (good taste and decency) – footage of man with blow-up doll and mixing of firearms and alcohol strayed beyond the bounds of good taste and decency – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard…...

Decisions
Chisholm and Television New Zealand Ltd - 2009-141
2009-141

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South – presenter visited lighthouse on Dog Island – told story about lighthouse keeper who “apparently fell to his death” – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – factual programme – story was presented as gossip or an anecdote – prefaced with “apparently” and “it appears” – not material points of fact – not upheld Standard 6 (fairness) – fairness standard does not apply to deceased persons – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of South, a programme featuring presenter Marcus Lush exploring Southland, was broadcast on TV One at 7. 30pm on Sunday 16 August 2009. [2] Mr Lush was shown setting out on his journey, and travelling first to Dog Island off the bottom of the South Island....

Decisions
New Zealand Dietetic Association and TVWorks Ltd - 2008-134
2008-134

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! – recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participants – no misleading statements – not upheld This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 16 September 2008 episode, broadcast at 7. 30pm on TV3, featured a couple named James and Jo. The team consisted of "Downsize Me!...

Decisions
Peapell and Television New Zealand Ltd - 2007-090
2007-090

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Decisions
Māori Television Service and CanWest RadioWorks Ltd - 2006-086
2006-086

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host stated that the BSA had not upheld a complaint from Māori Television about his comments criticising the channel – stated that Māori Television was “apartheid” and “racist” – allegedly inaccurate and denigratoryFindingsPrinciple 6 (accuracy) – inaccurate to state that BSA had not upheld the complaint when it had not yet considered the complaint – inaccurate to refer to Māori Television as Te Karere – upheldPrinciple 7 (social responsibility) and guideline 7a (denigration) – Māori Television not “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldNo Order This headnote does not form part of the decision. Broadcast[1] On 25 July 2006 at approximately 7....

Decisions
New Zealand Mussel Industry Council Ltd and Television New Zealand Ltd - 2004-157
2004-157

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item about two young New Zealanders who won prizes in an essay competition on issues of public concern – one essay about the impact of mussel farming on the marine environment – allegedly unbalanced FindingsStandard 4 (balance) – essay competition was the item’s focus, not mussel industry – not upheld Standard 5 (accuracy) – opinions not facts about mussel industry advanced – not upheldThis headnote does not form part of the decision. Broadcast [1] Two young New Zealand conservationists who had won prices in an essay competition were interviewed in One News broadcast on TV One beginning at 6. 00pm on 18 July 2004. One had written an essay on the impact of mussel farming on the marine environment, focusing on the Marlborough Sounds....

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
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
McDonald and Television New Zealand Ltd - 2012-065
2012-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item profiled the complainant, Donald McDonald – introduction referred to some of his previous complaints including “that a One News isobar on the weather map was a subliminal advertisement for the movie Shrek”, and that he “complained to the Wellington City Council that its fireworks displays contained phallic symbols” – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – item did not suggest that all or most of his complaints were unfounded but that Mr McDonald complained “too often about too little” – provided context to complaints and complainant put forward his own perspective – complainant treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of fairness This headnote does not form part of the decision....

Decisions
Radford and Television New Zealand Ltd - 2013-009
2013-009

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported domestic violence statistics showing an increase in the number of deaths caused by family violence – contained interviews with Labour Party spokesperson for Women’s Affairs, and Christchurch Women’s Refuge representative – allegedly in breach of standards relating to balance, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – item focused on statistics showing increase in deaths caused by family violence – it did not comment on the gender of perpetrators and victims, and did not specify that the increase in deaths was among women only – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on recently released statistics for domestic violence in New Zealand....

Decisions
Pompallier Catholic College and Television New Zealand Ltd - 2012-122
2012-122

Mary Anne Shanahan declared a conflict of interest and stood aside from this decision....

Decisions
Meyrick and TV3 Network Services Ltd - 1992-028
1992-028

Download a PDF of Decision No. 1992-028:Meyrick and TV3 Network Services Ltd - 1992-028 PDF215. 88 KB...

Decisions
Parlane and The Radio Network Ltd - 2014-014
2014-014

Summary [This summary does not form part of the decision. ]One of the hosts of talkback show, The Two, treated two callers in a way that the complainant considered to be unfair. The broadcaster upheld his complaint in relation to one of the callers. The Authority did not uphold the complaint that the action taken by the broadcaster was insufficient, or that the broadcast otherwise breached standards. Talkback radio is recognised as a robust and opinionated forum in which hosts may sometimes behave rudely. The host in this case was expressing her opinion, and her comments did not go beyond what could reasonably be expected....

Decisions
Nationwide Guarantee Corporation Ltd and Television New Zealand Ltd - 1994-002
1994-002

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 2/94 Dated the 19th day of January 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NATIONWIDE GUARANTEE CORPORATION LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Golden and Radio New Zealand Ltd - 2019-009 (4 June 2019 )
2019-009

The Authority has not upheld a complaint that a host’s comment during Nights, regarding the likelihood of the manned moon landings being fake, was inaccurate. The comment occurred during a talkback segment of the programme, with the host providing his response to an email received from the complainant. In this context, the statement by the host was not a material point of fact but a statement of comment or opinion, to which the requirements of the accuracy standard do not apply. Not Upheld: Accuracy  ...

Decisions
Walker and Television New Zealand Ltd - 2020-093 (28 January 2021)
2020-093

The Authority did not uphold a complaint that a 1 News item covering the resignation of David Clark as Minister of Health misrepresented the complainant’s views in breach of the accuracy standard. The complainant was shown in a series of vox-pops with members of the public in Dunedin (Mr Clark’s electorate). He complained his comments were taken out of context and shown in response to a different question than the one he was asked. The Authority acknowledged the item did not make clear the particular question the vox-pop participants were responding to, which had the effect of misrepresenting the complainant’s views. However taking the item as a whole, the general audience were unlikely to be significantly misinformed at a level justifying regulatory intervention. Not Upheld: Accuracy...

Decisions
Golden and Television New Zealand Ltd - ID2018-035 (23 July 2018)
ID2018-035

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the trial of Colin Mitchell, who was found guilty of the kidnapping and sexually motivated attack of a young woman. During the item, the reporter stated: ‘DNA evidence from [Mr Mitchell’s] toothbrush matched that found on and inside the pair of gloves left at the quarry; 800,000 million times more likely to have come from Mitchell than anyone else’ [our emphasis]. The Authority declined to determine a complaint that the reporter’s statement was inaccurate because it did not take into account the possibility that Mr Mitchell had an identical twin, or that DNA evidence could have been falsified or planted. The Authority found the complaint was frivolous and trivial....

Decisions
Loder and Dennis and MediaWorks Radio Ltd - 2018-011 (8 May 2018)
2018-011

Summary[This summary does not form part of the decision. ] During Afternoon Talk with Wendyl Nissen, Ms Nissen interviewed Police Association President, Chris Cahill. Mr Cahill discussed a recent survey which indicated an increase in police being threatened by firearms. Mr Cahill expressed his views on the potential causes of this increase, the links between the increase and the increase of methamphetamine in New Zealand, the arming of police officers, the use of MSSA (military-style, semi-automatic) firearms, and firearm registration. The Authority did not uphold two complaints that the interview breached the balance standard. The Authority found that the broadcast was a light-touch interview, albeit on a serious topic, which created an audience expectation that the interview was approaching the firearms issues from Mr Cahill’s perspective and that it did not purport to be an in-depth balanced examination of the issues raised....

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