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Decisions
Gibson and Radio New Zealand Ltd - 2008-132
2008-132

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – news item broadcast on the night before the General Election reported on upcoming election prediction made by leader of the Labour Party that Labour could still win the election – allegedly in breach of controversial issues - viewpoints and fairness Findings Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – the policies of other political parties were canvassed earlier the same day – appropriate that Prime Minister had the final say – not upheld Standard 6 (fairness) – item unbiased – not upheld This headnote does not form part of the decision....

Decisions
Hong and Chung and Television New Zealand Ltd - 2002-118, 2002-119
2002-118–119

ComplaintMotorway Patrol and promo – incident involving the complainants’ vehicle – complainants identifiable – breach of privacy – unfair – encouraged discrimination FindingsStandards 3 – privacy – no uphold Standard 6, Guideline 6b – not unfair to inadvertent participants who do not consent as events of public interest occurred in public place – no uphold, Guideline 6f – humiliation self-inflicted – no uphold, Guideline 6g – neither discrimination or denigration encouraged – no uphold This headnote does not form part of the decision. Summary [1] The loss of a trampoline off the roof of a vehicle as it drove across the Auckland Harbour Bridge was the incident dealt with in a promo for, and in the first segment of, Motorway Patrol broadcast on TV2 at 7. 30pm on 11 April 2002. Motorway Patrol is a reality series which records the work of police patrols on the Auckland motorways....

Decisions
O'Halloran and RadioWorks Ltd - 2011-021
2011-021

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Martin Crump Late Night Live – stand-in host encouraged running over possums – complainant phoned the show and disagreed with the host – allegedly in breach of good taste and decency, law and order, and fairness standards FindingsStandard 1 (good taste and decency) – talkback is a robust forum – host’s comments were “tongue-in-cheek” and not intended to be taken seriously – contextual factors – not upheld Standard 2 (law and order) – not Authority’s role to determine whether deliberately running over possums is a crime – two callers gave the view that it was irresponsible – host discouraged dangerous driving – broadcast did not encourage listeners to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – complainant was allowed more than two minutes to air his views – callers who disagree with a talkback host’s…...

Decisions
Newman and The Radio Network Ltd - 2004-195
2004-195

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nelson Newstalk ZB interview following local body elections – Mayor of Nelson commented on his lessened majority – stated that Grey Power had been “hijacked” by members of his opponent’s team – allegedly unbalanced, unfair, inaccurate and encouraged denigration Findings Principle 4 (balance) – no controversial issue of public importance – not upheld Principle 5 (fairness) – no persons treated unfairly – not upheld Principle 6 (accuracy) – expression of opinion – standard does not apply – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – expression of opinion – standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A broadcast on Nelson Newstalk ZB on 11 October 2004 at around 11. 30am featured an interview with the winning Mayors of Nelson (Paul Matheson) and Tasman (John Hurley)....

Decisions
New Zealand Aids Foundation and CanWest RadioWorks Ltd - 2006-131
2006-131

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Live – (1) talkback host on 11 October criticised New Zealand Aids Foundation for what he regarded as its promotion of the gay lifestyle – allegedly denigratory, unbalanced and unfair(2) talkback host on 12 October expressed dislike for most gay men – allegedly denigratory, unbalanced and unfairFindings (both 11 and 12 October broadcasts) Principle 4 (balance) – exchanges did not amount to discussions about a controversial of public importance – not upheldPrinciple 5 (fairness) – no obligation to give the NZAF a right of reply taking into account brevity of throw-away comments made by talkback host – not upheldPrinciple 7 and guideline 7a (denigration) – threshold not met – not upheldThis headnote does not form part of the decision....

Decisions
Yates and The RadioWorks Ltd - 2002-099
2002-099

ComplaintThe Edge – interview – impersonation of Jeremy Yates – cyclist banned for bad language – interview apparently with Jeremy Yates used offensive language which was beeped out – unfair – misleading – encourages discrimination and denigrationFindingsPrinciple 5 – not obviously a spoof – wrong brother the target for the prank – upholdPrinciple 7 guideline 7a – no group denigrated – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Cyclist Jeremy Yates was banned from participating in events by Cycling NZ for using bad language and displaying bad behaviour. An interview, apparently with Jeremy Yates, was broadcast during the breakfast show on The Edge on 11 April 2002. During the interview, the interviewee frequently used offensive language, which was "beeped out", and expressed displeasure that the broadcaster was not supporting him in his dispute with Cycling NZ....

Decisions
Toki and The RadioWorks Ltd - 2002-210
2002-210

ComplaintLite FM – Name Game Competition – excluded unusual names – unfair – sexist – racist FindingsPrinciple 7 Guideline 7a – competition neither sexist nor racist – no uphold Principle 5 – not applicable – no uphold This headnote does not form part of the decision. Summary [1] As part of the Name Game station promotion run by Lite FM in Christchurch, names were announced on-air over a period of six weeks. When their name was read out, listeners were asked to call the station and enter a draw for $20,000. [2] Te Marunui Toki complained to The RadioWorks Ltd, the broadcaster of Lite FM, that the competition was sexist, as it excluded people of one gender when names of the other gender were called out, and racist, as Polynesian names were not announced. He also complained that it was unfair as unusual names were not included....

Decisions
Maney and Triangle Television Ltd - 2003-020
2003-020

Complaint Jagad Guru Speaks – spiritual programme – discussion regarding transubstantiation – reference to priest getting drunk on wine – offensive – unfair FindingsStandard 1 – majority – contextual matters – no uphold – minority – offensive Standard 6 – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Jagad Guru Speaks, a spiritual programme, was broadcast by Triangle Television between approximately 8. 30–9. 00am on 21 November 2002. The concept of transubstantiation was discussed, and when referring to the role of the priest the presenter made the comment that the priest got "drunk on the wine in the back room". [2] Bernard Maney complained to Triangle Television Ltd, the broadcaster, that the comment was offensive and insulting to priests and Christians....

Decisions
New Zealand Defence Force and Television New Zealand Ltd - 2010-121
2010-121

Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this decision. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item focused on an investigation of alleged dangerous driving practices in the New Zealand Army – contained interviews with an army driving instructor Greg McQuillan and Colonel Paul van Den Broek – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – NZDF given adequate opportunity to respond to allegations and present the Army's perspective – broadcaster provided the necessary significant viewpoints on the topic within the period of current interest – not upheld Standard 5 (accuracy) – comment, "A licence to kill?...

Decisions
Earlly and Radio Pacific Ltd - 1994-043, 1994-044
1994-043–044

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 43/94 Decision No: 44/94 Dated the 23rd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SHIRLEY EARLLY of Auckland Broadcaster RADIO PACIFIC LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Wallace and TV3 Network Services Ltd - 1999-068–1999-073
1999-068–073

SummaryThe relationship between a Department of Corrections employee and a former inmate, which was the subject of a later investigation by the department and resulted in the resignation of the employee, was the focus of items on 20/20, broadcast by TV3 on 11 October and 15 November 1998. It was also the subject of a bulletin opener and a news item on 3 News on 10 November 1998. Mr Wallace, father of the employee, complained to the Broadcasting Standards Authority under s. 8(1)(c) that the identification of his son in the commentary, and the footage accompanying it, represented harassment and a gross invasion of his son’s privacy....

Decisions
Newfield and Television New Zealand Ltd - 1996-054
1996-054

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-054 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER NEWFIELD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Rodney Hide MP and Television New Zealand Ltd - 2002-178
2002-178

ComplaintOne News – Rodney Hide MP – "scam buster" – spoke at seminar in Fiji – affidavit that his presence gave investors confidence to invest – investment was a scam – inaccurate – unbalanced – unfair FindingsS. 4(1)(d) and Standard 4 – reasonable opportunities given – no uphold Standard 5 – not unfair – no uphold Standard 6 – inaccuracies (1) different use of the term "family"; (2) not a "self-proclaimed scam buster"; (3) affidavit not dated that day – uphold on these three points – no other inaccuracies No Order This headnote does not form part of the decision. Summary [1] An affidavit, which recorded that Rodney Hide MP’s presence as a speaker at an investment seminar in Fiji had given a man and his family the confidence to invest, was reported in an item broadcast on One News on 15 May 2002....

Decisions
Van Duyn and Television New Zealand Ltd - 2001-130
2001-130

ComplaintLate Edition – Breakfast – alleged rat infestation in Helensville – no evidence of rats – community views not sought – item unfair and unbalanced FindingsStandard G14 – item failed to uphold standards of accuracy, impartiality and objectivity – uphold OrderCosts of $500 to Crown This headnote does not form part of the decision. Summary An item broadcast on TV One on Late Edition on 6 June 2001, and on Breakfast on 7 June 2001, dealt with an alleged infestation of rats in and around Helensville. Hans Van Duyn complained to Television New Zealand Ltd, the broadcaster, that the item was unfair and lacked balance. He said the only person interviewed was a former Helensville Mayor, Mr Eric Glavish, who had his own "reasons or agenda to make unsubstantiated allegations"....

Decisions
Department of Conservation and Radio Pacific Ltd - 2000-002
2000-002

Summary The Department of Conservation’s (DOC) management programme which involved the shooting of thar (mountain goats), was addressed during the John Banks Breakfast Show, broadcast on Radio Pacific between 6. 00–9. 00am on 10 August 1999. The host of the programme expressed his strong displeasure at DOC’s actions. He referred to DOC staff using phrases such as "filthy low life", and "filthy perverts", and expressed a wish that their helicopter would suffer a power failure. The Department of Conservation complained to Radio Pacific Ltd that the language used in the broadcast failed to maintain standards of decency and good taste, and that the host did not refer to the thar management process which it had developed. Declining to uphold the complaint, Radio Pacific argued that the strong language used was appropriate on a station which valued the power of free speech....

Decisions
Powell and Television New Zealand Ltd - 2002-153
2002-153

ComplaintOne News – item reported Government to pay defence bill for depositions hearing of private prosecution of police officer charged with murder – featured as unusual event whereas complainant claimed that it was standard practice – not consistent with legal principles – unbalanced – inaccurate – unfair FindingsStandards 2, 4, 5, and 6 – news selection issue – not broadcasting standards matter – no uphold This headnote does not form part of the decision. Summary [1] The Government’s decision to pay the defence costs at the depositions hearing of the private prosecution of Constable Abbott for the murder of Stephen Wallace was reported as a "bolt from the blue" in an item on One News on Saturday 15 June 2002. One News is broadcast daily on TV One between 6. 00–7. 00pm....

Decisions
Golden and Radio New Zealand Ltd - 2012-109
2012-109

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – host conducted interview with Dick Pound, founder of the World Anti-Doping Agency – host made three references to Jamaica – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Checkpoint contained an interview with Dick Pound, the founder of the World Anti-Doping Agency (WADA)....

Decisions
Kirby and Radio New Zealand Ltd - 2013-042
2013-042

Summary [This summary does not form part of the decision. ]A Nine to Noon host interviewed Carmel Fisher, the founder and managing director of Fisher Funds Management Ltd, about her background and attitudes to business. At the end of the interview, she asked her about recent court action over a family will. A majority of the Authority upheld the complaint that a comment made by Ms Fisher about her role in the proceedings was inaccurate. The Authority unanimously declined to uphold the complaint that the programme was unfair. The Authority did not make any order. Upheld by Majority: AccuracyNot Upheld: FairnessNo OrderIntroduction[1] On 14 March 2013 on Radio New Zealand National Nine to Noon, the host interviewed Carmel Fisher. Ms Fisher is the founder and managing director of Fisher Funds Management Ltd....

Decisions
Ministry of Social Development and Peterson and TVWorks Ltd - 2011-072
2011-072

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – four items reporting special investigation into Ministry of Social Development’s “Community Max” projects questioned how millions of dollars had been spent – reporter visited sites of six projects – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view on the issue within the period of current interest – not upheld Standard 5 (accuracy) – very small number of minor points had the potential to be misleading – however in the context of four items which legitimately questioned government spending upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld Standard 6 (fairness) – MSD should expect that as a government Ministry it is subject to scrutiny…...

Decisions
Gee and Television New Zealand Ltd - 1995-087
1995-087

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 87/95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LESLIE GEE of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

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