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Decisions
Strata Title Administration Ltd and Television New Zealand Ltd - 2004-214
2004-214

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about complaints from spokespersons representing the Bodies Corporate of four residential complexes – all were dissatisfied with Strata Title Administration Limited and its director Michael Chapman-Smith – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – issue essentially one of fairness – not upheld Standard 5 (accuracy) – inaccurate to state that Mr Chapman-Smith had agreed to an interview and then changed his mind – other statements not inaccurate – one aspect upheld Standard 6 (fairness) – overall item was fair – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] An item on Fair Go broadcast on TV One at 7. 30pm on 13 October 2004 examined complaints from spokespersons representing the Bodies Corporate of four residential complexes – Tuscany Towers, Ponsonby Crest, Waterford Apartments and Garden Grove....

Decisions
Ministry of Health and Feek and Radio New Zealand Ltd - 2003-162, 2003-163
2003-162–163

ComplaintNine to Noon – Ministry of Health official described as Deputy-Director of Clinical Services and “Disinformation” – unfair – inaccurate – unbalanced FindingsPrinciple 4 and Principle 5 – subsumed under Principle 6 Principle 6 – use of word “disinformation” unfair to Ministry and Deputy Director-General – upheld OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Dr Colin Feek, the Ministry of Health’s Deputy Director-General of Clinical Services, was interviewed on Nine to Noon, on National Radio on 10 June 2003 about an audit on the way hospitals treated patients with heart problems. At the conclusion of the interview, he was described as the Deputy Director-General of Clinical Services “and Disinformation”. [2] The Ministry of Health complained to Radio New Zealand Ltd, the broadcaster, that the comment was inaccurate, unbalanced, and unfair to both the Ministry and Dr Feek....

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
Boyce and Karam and Television New Zealand Ltd - 2010-130
2010-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: The Case Against Robin Bain – documentary maker, Bryan Bruce, gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether surprise witness at the retrial had given misleading evidence – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – not unfair to not include viewpoints of the defence and David Bain – not upheld – Daryl Young was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 4 (controversial issues – viewpoints) – programme discussed a controversial issue of public importance – it was an authorial documentary approached from a particular perspective as envisaged by guideline 4b…...

Decisions
Britt and Television New Zealand Ltd - 2011-160
2011-160

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go Ad Awards – two teams of advertisers were asked to “sell us Quade Cooper for New Zealand’s next Prime Minister” during live advertising awards – included comments such as, “everyone hates Quade Cooper” – allegedly in breach of fairness and discrimination and denigration FindingsStandard 6 (fairness) – piece was intended to be light-hearted and humorous, rather than malicious or abusive – presented in the spirit of good-natured ribbing and team rivalry – Mr Cooper not treated unfairly – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community, not individuals – 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....

Decisions
New Zealand Aids Foundation and Radio New Zealand Ltd - 1991-024
1991-024

Download a PDF of Decision No. 1991-024:New Zealand Aids Foundation and Radio New Zealand Ltd - 1991-024 PDF711. 93 KB...

Decisions
Feral and Choice TV Ltd - 2014-121
2014-121

Summary [This summary does not form part of the decision. ]The Authority declined to uphold a complaint that a number of cooking and fishing programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. Killing and preparing animals to eat is a fact of life, and the complaint was based primarily on personal preferences, not broadcasting standards issues. Not Upheld: Good Taste and Decency, Law and Order, Controversial Issues, Fairness, Discrimination and Denigration, Responsible Programming, Children's Interests, ViolenceIntroduction[1] Peta Feral complained about a number of cooking and fishing shows aired on Choice TV. Ms Feral argued that these programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. As examples, Ms Feral referred to footage of live oysters being eaten and catch-and-release fishing, both of which she alleged to be barbaric and cruel....

Decisions
Robertson and Television New Zealand Ltd - 2016-038 (22 August 2016)
2016-038

Summary[This summary does not form part of the decision. ]An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link. The Authority did not uphold a complaint that the item was unbalanced, inaccurate and unfair. The item included a variety of significant viewpoints on KiwiRail’s decision, and it did not imply that the Government’s or KiwiRail’s views on the issue were more valid than other views. In the context of a brief news report, the pro-rail rally was accurately conveyed, and no individual or organisation was identified by the complainant as being treated unfairly. Not Upheld: Balance, Accuracy, FairnessIntroduction[1] An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link....

Decisions
Pang and Television New Zealand Ltd - 2011-026
2011-026

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: Did Mark Lundy Kill His Wife and Daughter?...

Decisions
Albery and RadioWorks Ltd - 2011-038
2011-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Robert and Jono’s Drive Show – “Wind up Your Wife” – telephone prank in which wife told husband she was getting restraining order against his mother – host pretended to be policeman – broadcaster asserted that husband and wife consented to broadcast – allegedly unfair FindingsStandard 6 (fairness) – recording contained elements of unfairness – questionable whether recording amounted to legitimate humour – broadcaster’s processes for obtaining and recording consent insufficient – however, in the particular circumstances, it is not appropriate for the Authority to make further inquiries – reluctantly accept informed consent to broadcast was sought and obtained – not upheld This headnote does not form part of the decision. Broadcast [1] A segment called “Wind up Your Wife” on Robert and Jono’s Drive Show was broadcast on The Rock at 5. 30pm on Wednesday 15 December 2010....

Decisions
Fraser and Television New Zealand Ltd - 2004-203
2004-203

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

Decisions
Blackaby and Television New Zealand Ltd - 2003-048
2003-048

ComplaintHolmes – interview with Probation Services Manager – conduct of the interviewer – biased – unfair Findings Standards 4 and 6 – live interview – not unbalanced – interviewee presented viewpoint – dealt with fairly – no uphold This headnote does not form part of the decision. Summary [1] An interview with the Manager of the Probation Service was broadcast on Holmes on TV One at 7. 00pm on 13 February 2003. The interview centred around the release of a report by the Probation Service regarding its management of an offender while on parole. [2] John Blackaby complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced and that the interviewee had been dealt with unfairly, because of the "bully-boy" conduct of the presenter....

Decisions
Daly and Television New Zealand Ltd - 2004-130
2004-130

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about person who agreed to sell a rural home before the Manawatu floods – reported that after the floods the home was condemned and vendor and purchaser cancelled the contract – complainant trading as RE/MAX Associates continued to claim agency fee – item questioned morality of real estate company’s claim and reported that the fee was later remitted – allegedly unbalanced, unfair and inaccurateFindings Standard 6 (fairness) – unfair to complainant not to obtain his response – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – in the interest of fairness, disputed issues would have clarified if been put to complainant for comment – essence of complaint dealt with under fairness – not upheldOrder Broadcast of statementThis headnote does not form part of the decision.…...

Decisions
Aburn and Television New Zealand Ltd - 2002-045
2002-045

ComplaintOne News – item reporting preliminary hearing of private prosecution of Constable A for murder – report of evidence of prosecution witness – unbalanced – biased – broadcaster’s response to complainant assumed his sympathy for Constable A – complainant argues that assumption influenced determination FindingsStandard 4 – coverage of trial ongoing – day’s coverage balanced – no uphold Standard 6 and guideline 6a – one day’s evidence reported fairly – no uphold This headnote does not form part of the decision. Summary [1] The evidence given by a prosecution witness about events he had seen in Waitara on the morning of the shooting of Steven Wallace was dealt with in a news item which reported the second day of the private murder prosecution of Constable A. The item was included on One News broadcast on TV One on 22 January 2002 between 6. 00–7. 00pm....

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
Agostino and TVWorks Ltd - 2012-084
2012-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

Decisions
Soryl and The Radio Network Ltd - 2006-106
2006-106

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB Christchurch – “Stick of the Week” awards – host nominated and named both the parents of and a pre-schooler who had been involved in altercation with Mayor – child allegedly exposed to ridicule and humiliation – privacy allegedly breached FindingsPrinciple 3 (privacy) – facts disclosed already in public domain – not upheld Principle 6 (fairness) – child object of sympathy, not ridicule – not upheld Principle 7 (denigration) – item did not deal with specified section of community – not upheld This headnote does not form part of the decision. Broadcast [1] “Stick of the Week”, a negative albeit light-hearted award, is a long-running segment of the Friday morning show on Newstalk ZB in Christchurch....

Decisions
Nichol and Television New Zealand Ltd - 2003-129
2003-129

ComplaintHolmes – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – challenged on decision to abstain – blamed for passage of Bill – held up to ridicule and contempt – unfairFindingsStandard 4 – MP given right to reply to criticism – no uphold Standard 6 – as with Standard 4 – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item on Holmes, broadcast on TV One at 7. 00pm on Thursday 26 June, comment was made that the Bill would not have been passed had Mr Ashraf Choudhary MP not abstained. Mr Choudhary was interviewed regarding his abstention....

Decisions
Hatton and Television New Zealand Ltd - 2002-010
2002-010

ComplaintNew Rulers of the World – promo for the John Pilger documentary – answer to one question presented as answer to another – unfair and deceptive – complaint upheld – in-house action taken FindingsSerious breach – action taken insufficient OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] The John Pilger documentary, The New Rulers of the World, was screened on TV One at 9. 45pm on 10 October 2001. In a promo broadcast earlier, Mr Fisher of the IMF was seen to respond to a statement from Mr Pilger saying "what are you asking me this question for". However, during the broadcast it was apparent that this response was made to another unrelated question. [2] P G Hatton complained to Television New Zealand Ltd, the broadcaster, that the promo, by using this editing practice, was unfair and lacked objectivity....

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