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Summary District Court Judge Martin Beattie was acquitted on 1 August 1997 on a number of dishonesty charges after a jury trial. It was a high-profile case. On 27 July 1998, a news item revealed the contents of a High Court ruling made before the trial in which the judge had ruled inadmissible a report prepared by a QC at the request of the Chief District Court Judge in the early stages of the investigation. The item reported that the judgment disclosed the QC’s opinion that Judge Beattie was guilty of fraud. Mr Clayton complained to Television New Zealand Ltd, the broadcaster, that the QC’s opinion about the judge’s behaviour was "utterly irrelevant", and the disclosure not only breached broadcasting standards, but also invaded Judge Beattie’s privacy....

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G6 – reasonable opportunity given to Dr Fahey to answer all serious allegations – no uphold (2) Standard G4 – no unfairness in circumstances – personal information justified anonymity – timing of broadcast justified – public interest – no uphold (3) Standard G5 – no uphold (4) Standard G19 – editing fair and not distorted – no uphold (5) Privacy – no breach for police station footage – consent given to interview – no uphold This headnote does not form part of the decision. Summary Dr Morgan Fahey, a Christchurch GP and mayoral candidate, was the subject of a 20/20 item entitled A Position of Power broadcast on TV3 between 7. 30 – 8....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – item contained an interview with Philip Zimbardo – interview discussed theories about why apparently good people do bad things in certain situations – host made reference to New Zealand psychiatric institutions and the fact that patients had made accusations that staff had abused them – allegedly unbalanced, inaccurate and unfair The Authority’s DecisionPrinciple 4 (balance), Principle 5 (fairness), Principle 6 (accuracy) – complainant under a mistaken impression about the contents of the broadcast – complaint did not raise any issues of broadcasting standards – not upheldThis headnote does not form part of the decision. Broadcast [1] On 8 July 2007, Radio New Zealand National’s Sunday Morning with Chris Laidlaw programme held an extensive interview with psychologist Phillip Zimbardo, who had recently published his latest book "The Lucifer Effect"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about timber treatment T1. 2 or TimberSaver – discussed concerns that the product was defective and putting homes at risk – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – seen overall, item seriously criticised TimberSaver product – no scientific evidence provided to refute criticisms – no evidence provided of quality and suitability of product – unbalanced – upheld Standard 5 (accuracy) – scientist on programme not independent – conflict of interest – contrary to guideline 5e – upheld – other aspects of accuracy complaint not upheld Standard 6 (fairness) – seen overall, item unfair to Osmose – upheldOrdersBroadcast of a statement Payment of legal costs of $5,000 Payment of costs to the Crown $2,000This headnote does not form part of the decision....

Download a PDF of Decision No. 1992-085:National Collective of Independent Women's Refuges Inc and Television New Zealand Ltd - 1992-085 PDF502. 9 KB...

Summary [This summary does not form part of the decision. ]An item on Native Affairs, entitled ‘Bones of Contention’, reported on the discovery of ‘kōiwi’ (human remains) at a development site in Devonport, and apparent tensions between iwi and the owner and developer of the site, Redback Develop Ltd. The Authority did not uphold the complaint from Redback that the item contained inaccurate information about the development and the discovery of kōiwi. Nor did the Authority uphold the complaint that the content of the panel discussion was misleading. The broadcaster treated Redback fairly and made reasonable efforts to put forward Redback’s position, by inviting onto the programme the individual who it had been referred to as the appropriate person to comment....

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Summary[This summary does not form part of the decision. ]Seven items on Morning Report contained references to greenhouse gas emissions, specifically agricultural emissions and the outcomes of discussions at the United Nations Climate Change Conference in Paris (COP 21). The Authority did not uphold a complaint alleging it was inaccurate and unbalanced to state or infer that livestock emissions amount to half of New Zealand’s total emissions. The Authority found that references to the amount of livestock emissions in several of the items were not material points of fact to which the accuracy standard applied. In relation to the other items the Authority was satisfied that the broadcaster made reasonable efforts to ensure accuracy as it drew on a range of reputable sources and scientific evidence in support of the statements made....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-130 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HON MURRAY McCULLY Minister of Housing Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

SummaryThe New Zealand Film and Television School Ltd was the subject of items on Holmes broadcast at 7. 00pm on 15 and 16 December 1998. The item on the 15th suggested that some students had been expelled because they complained about aspects of the school’s programme. It also included an interview with Ms Marilyn Hudson, the School’s Managing Director. The item on the 16th included comments from other dissatisfied past and present students and their families, and an interview with a spokesperson from the New Zealand Qualifications Authority. On behalf of the School, Ms Hudson complained to Television New Zealand Ltd, the broadcaster, about both items. She said that the first item contained inaccuracies, and was unbalanced, misleading and unfair both to her and the School. The second item, Ms Hudson complained, also contained some inaccuracies, and again was unbalanced, misleading and unfair....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Tagata Pasifika – item about effects of climate change on Tuvalu – allegedly in breach of controversial issues standard FindingsStandard 4 (controversial issues – viewpoints) – not a discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tagata Pasifika, broadcast on TV One at 7. 30am on Sunday 11 April 2010, investigated the situation on Tuvalu in the Pacific and its people’s experiences with the effects of climate change, primarily rising sea levels causing flooding. Near the beginning of the item, a reporter said: Tuvalu is one of the world’s lowest lying countries. Its highest point is four-and-a-half metres above sea level, making it one of the most vulnerable nations to be affected by climate change. . . ....

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....

Complaint Fair Go – item about infomercial – presenter took dispute with marketing firm to Fair Go – marketing firm complainant – item failed to maintain standards of law and order – unbalanced – unfair – inaccurate Findings Standard 2 – statement of claim – "gagging writ" – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – complainant did not threaten to sue if item broadcast – uphold on this point – no other inaccuracies – no Order Standard 6 – Topline not dealt with unfairly – no uphold This headnote does not form part of the decision Summary [1] An item on Fair Go examined a dispute between a television presenter who was hired by Topline International to present an infomercial. The item was broadcast on Fair Go on TV One at 7. 30pm on 18 September 2002....

ComplaintNewstalk ZB – Paul Holmes Breakfast – derogatory comments about United Nations Secretary-General Kofi Annan – including reference to Mr Annan as “cheeky darkie” – racist – offensive – breach of law and order – unbalanced – unfair – inaccurate – broadcaster upheld complaints – breach of good taste and racist – apologies – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld; interview with Dr Brian Edwards about women in journalism – host’s references to female journalists – sexist Findings(1) Action taken on Principles 1 and 7 regarding comments about Mr Annan – action taken sufficient – no uphold (2) Principle 2 – appropriately considered under Principle 7 – no uphold Principle 4 – editorial opinion – not applicable – no uphold Principle 5 – appropriately considered under Principle 7 – no uphold Principle 6 – no inaccuracies – no uphold Principle 7 – comments about female journalists – threshold not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on voluntary euthanasia in the context of New Zealand law – included interviews with two strong advocates of euthanasia – allegedly in breach of controversial issues standard FindingsStandard 4 (controversial issues) – euthanasia is a controversial issue of public importance – item did not purport to discuss all arguments for and against euthanasia but was presented from the perspective of Sean Davison – euthanasia is a long-running moral issue with an ongoing period of current interest – alternative viewpoints adequately included, taking into account the focus of the item and the nature of issue – not upheld This headnote does not form part of the decision. Introduction [1] An item on Campbell Live, broadcast on TV3 on 27 April 2012, reported on voluntary euthanasia....

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....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and One News Tonight – reported on teachers’ industrial action – stated that the teachers’ union had rejected the Government’s offer of a 2 percent pay increase, and that teachers were fighting for a 4 percent increase on their base salaries – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant viewpoints and spoke to representatives of the teachers – not upheld Standard 5 (accuracy) – complainant has not provided evidence that the figures were inaccurate – not upheld Standard 6 (fairness) – complainant did not identify any individuals or organisations he believed had been treated unfairly – no unfairness – not upheld This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

Summary [This summary does not form part of the decision. ]Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact he had on race relations in New Zealand. The Authority declined to uphold a complaint that the item was biased, inaccurate and unfair. It was not necessary to present alternative views on Mr Titford's conviction, the item was materially accurate and subject to editorial discretion, and no one was denigrated or treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact that he had on race relations in New Zealand....