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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-178 Decision No: 1996-179 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RCD APPLICANT GROUP of Dunedin and OTAGO REGIONAL COUNCIL Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-147 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOYCE HEIJBOER CAMPBELL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-154 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN TURNEY of Kumeu Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1C)(c)(i) of the Broadcasting Act 1989Target – item looked at the business practices of a private chiropractic practice called The Spinal Health Foundation and its resident chiropractor, Dr Sean Parker – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did not imply that Dr Parker was offering personal loans to patients or that pre-pay arrangements were unethical – statement relating to possible breaches of ethics was sufficiently qualified – not upheld – decline to determine point relating to changing of paperwork under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – questions asked of Dr Parker were generic – complainant given adequate opportunity to respond – broadcaster treated Dr Parker fairly – not upheld This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-098 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP DUNLOP of Pokeno Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – “Sex and the City” – investigated street prostitution in Christchurch – particular concern about under-age prostitutes – allegedly unbalanced in that the item did not acknowledge the changes since the Prostitution Reform Act 2003FindingsStandard 4 (balance) – the item dealt with street prostitution in Christchurch – a controversial issue of public importance dealt with in a balanced way – not upheldThis headnote does not form part of the decision. Broadcast [1] “Sex and the City” investigated street prostitution in Christchurch and focused on under-age prostitutes. The item, broadcast on TV3’s 60 Minutes at 7. 30pm on 23 February 2006, referred to a number of incidents in Christchurch when street prostitutes had been the victims of violence. The item also included interviews with an older experienced prostitute and with a younger partially-disguised 18-year-old prostitute....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about NZ Army engineers in Iraq – reference to an article written by the complainant and published in the “Sunday Star-Times” – item’s focus was engineers’ reaction to the article’s claims that their achievements had been exaggerated – complainant alleged that item unfairly represented article, and was inaccurate and unbalancedFindings Standard 4 (balance) – item’s focus was reporting reaction to the article’s claims of exaggerating the achievements of engineers and did not require further balance – not upheld Standard 5 (accuracy) – item inaccurately reported that newspaper article said that the engineers were exaggerating their achievements – not otherwise inaccurate – upheld Standard 6 (fairness) – article ambiguous in parts – unfair to complainant to misreport the exaggeration claims as being made by the engineers – not otherwise unfair – upheldNo OrderThis headnote does not form part of the decision.…...

Download a PDF of Decision No. 1992-077:Garbutt and Radio New Zealand Ltd - 1992-077 PDF336. 54 KB...

Download a PDF of Decision No. 1991-022:Christian Heritage Party of New Zealand and Television New Zealand Ltd - 1991-022 PDF421. 83 KB...

Download a PDF of Decision No. 1993-067–068:Newborn and Becker and Television New Zealand Ltd - 1993-067–068 PDF (1. 07 MB)...

Summary [This summary does not form part of the decision. ] A Seven Sharp item reporting on a forecast increase in New Zealand’s rat, mice and stout population due to a beech mast event, contained footage of 1080 pellets and an aerial 1080 drop. The Authority did not uphold the complaint that the item was unbalanced because it did not present the anti-1080 viewpoint. The item’s focus was not the use of 1080 so it was not necessary to put forward views for and against its use, but in any case the broadcaster alluded to three earlier items on this specific beech mast event which did refer to alternative views....

SummaryAn interview with physicist Dr Paul Davies focussed on what the interviewer described as "one of the world’s greatest mysteries, how did life first get started" in an episode of the BBC series, Discovery, broadcast on National Radio on 7 October 1998. Dr Davies hypothesised on the processes of mutation and natural selection, and the possible injection of information into genomes through Darwinian evolution. Mr Fox complained to Radio New Zealand Limited, the broadcaster, that Dr Davies’ comments were inaccurate and unbalanced. He said it was incorrect to state that mutation and natural selection increased information in the genome. The programme, he wrote, should have included the Creationist view about the origin of information in living things. Responding, RNZ denied that the comments were inaccurate, and pointed out that they were the scientifically-based opinions of Dr Davies, had been identified as such, and were reported truthfully and accurately....

SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Summary Good Morning referred to the Alliance Party’s proposal to introduce higher taxes. The presenter asked "Should the rich be taxed more? ", and invited viewers to telephone or fax their responses for inclusion in the programme’s Voteline. Responses were provided to viewers in a graph format, and through the presenter’s comments during the course of the programme, which was broadcast on TV One on 29 September 1999, from 10. 00–12. 00 noon. Mr Wakeman complained to Television New Zealand Limited, the broadcaster, that the programme’s focus on tax rates was not balanced. He had attempted to participate in the poll, he said, and the broadcaster had advised it would contact him for his view but had failed to do so. He questioned the number of responses received, and also the presenter’s comment at one particular time that the poll was showing a lack of support for tax increases....

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-182 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND FIRE SERVICE Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...