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Cone and Radio New Zealand Ltd - 2003-038
2003-038

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

Decisions
Nichol and Radio New Zealand Ltd - 2003-130
2003-130

ComplaintCheckpoint – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – reference to Muslim background and comments from representatives of Muslim communities who had expected him to vote against the Bill – blamed for passage of Bill – held up to ridicule and contempt – unfair FindingsPrinciple 4 – MP given right to reply to criticism – no uphold Principle 5 – MP not dealt with unfairly – 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 broadcast on Checkpoint on National Radio at 5. 00pm on Thursday 26 June, comment was made that the Bill would not have passed had Mr Ashraf Choudhary MP not abstained....

Decisions
Bercic and CanWest TVWorks Ltd - 2005-057
2005-057

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looking at possible reasons for high crime statistics for young Māori – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – item did not purport to cover all perspectives – discussed one part of the wider issue – period of current interest still open – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Māori community or the youths interviewed – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes entitled “Māori Challenge” was broadcast on TV3 at 7. 30pm on 18 April 2005. The item explored a possible link between the high rate of Māori criminal offending and the way in which male aggression may be seen as important to Māori identity, particularly through the haka....

Decisions
Sanders and Television New Zealand Ltd - 2005-104
2005-104

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – episode devoted to controversy about Meningococcal B vaccine and immunisation campaign – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – a range of significant views advanced about a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies and not misleading – not upheld Standard 6 (fairness) – taking into account the format of programme, panel member Ron Law treated fairly – not upheldThis headnote does not form part of the decision. Broadcast [1] The controversy about the Meningococcal B vaccine and the current immunisation campaign was dealt with during an entire episode of Close Up, broadcast on TV One at 7. 00pm on 14 July 2005. The item included interviews undertaken in Norway at the laboratory that developed the vaccine on which the New Zealand vaccine was based....

Decisions
Carapiet and Television New Zealand Ltd - 2004-041
2004-041

ComplaintHolmes – lifting of moratorium on commercial release of genetically modified organisms – studio debate – “Trust and Country Image” report discussed – complainant maintained he accurately quoted report – presenter allegedly misrepresented report – presenter allegedly unfairly criticised complainant Findings Standard 5 – presenter’s introductory statement on report inaccurate – upheld Standard 5 – presenter’s criticism a question of fairness, not accuracy – issue considered under Standard 6 Standard 6 – presenter’s vehement interjection amounted to accusation of deliberate misrepresentation – content, manner and tone of interjection an unfair overreaction – upheldNo OrderThis headnote does not form part of the decision Summary [1] An item broadcast on Holmes on TV One on 23 October 2003 dealt with the lifting of the moratorium on the commercial release of genetically modified organisms....

Decisions
James and Radio New Zealand Ltd - 2004-080
2004-080

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Summer Report – panel discussion about healthy eating and exercise – reference to healthy food pyramid – advice given that not all fats were bad – unsaturated fat preferred to saturated fats – item alleged to be inaccurate, unfair and unbalancedFindings Principle 4 (balance – the safety of trans-fats not a controversial issue dealt with in the broadcast – not upheld Principle 5 (fairness) – trans-fats peripheral – not upheld Principle 6 (accuracy) – trans-fats not the topic of discussion – not upheldObservation Authority may decline to determine further complaints from Ms James when complaint only about peripheral matter dealt with in broadcastThis headnote does not form part of the decision. Broadcast [1] A panel discussion about healthy eating and exercise was broadcast as part of Summer Report on National Radio between 8. 00 to10. 00am on Thursday 8 January 2004....

Decisions
Golden and Radio New Zealand Ltd - 2004-124
2004-124

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Late Edition – item about 35th anniversary of moon landing – in referring to moon landing as matter of historical fact broadcast allegedly inaccurate, unbalanced and unfair as fact of moon landing not universally accepted Findings Moon landing has status as historical fact – RNZ entitled to refer to it as fact – declined to determine pursuant to section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Late Edition, broadcast on National Radio on 21 July 2004, contained an item regarding the 35th anniversary of the first moon landing. The item was introduced as follows: 35 years ago this week NASA astronauts Neil Armstrong and Buzz Aldrin landed Apollo II on the surface of the moon....

Decisions
Van der Plaat and Television New Zealand Ltd - 2004-150
2004-150

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – complainant was convicted of raping and abusing his daughter and sentenced to 14 years imprisonment – subsequent legal dispute between them about ownership of painting – daughter withdrew from proceedings which were resolved in complainant’s favour – item reported that complainant while in prison had then brought private prosecution for fraud against daughter arising from dispute over painting – item reported that daughter unable to get legal aid for painting dispute and required to sell her house – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – item not unbalanced – not upheld Standard 5 (accuracy) – item not inaccurate – not upheld Standard 6 (fairness) – item not unfair – not upheld The Authority declined to determine aspects of the complaint pursuant to section 11(b) of the Broadcasting Act 1989....

Decisions
Steadman and Television New Zealand Ltd - 2004-189
2004-189

The chair, Joanne Morris, declared a conflict of interest and declined to participate in the determination of this complaint....

Decisions
Boom and Television New Zealand Ltd - 2004-215
2004-215

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item profiling the Destiny Church and its pastor – interviews with the pastor, former members of the Church, a university lecturer and the director of Cultwatch – allegedly unbalanced and unfair to the Destiny ChurchFindingsStandard 4 (balance) – sufficient opportunity given to the Church and its pastor to present its views on the controversial issues – not upheld Standard 6 (fairness) – Church given opportunity to respond to issues raised – not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Sunday shown on TV One at 7. 30pm on 3 October 2004 profiled the Destiny Church and its leader, Pastor Brian Tamaki. The segment gave background information about the church and its recent march to Parliament protesting the Civil Union Bill....

Decisions
Wong and Television New Zealand Ltd - 2003-013
2003-013

Complaint Flipside – item looking into cheating at Universities – comment that Asian learning cultures rewarded copying while punished in New Zealand – inaccurate – denigrated Asian culture Findings Standard 5 – comments a mixture of facts and opinion – no inaccurate facts Standard 6 – genuine opinion – not unfair This headnote does not form part of the decision. Summary [1] Cheating among students at universities was considered in a segment of Flipside broadcast on TV2 at 6. 30pm on Tuesday 1 October 2002. Dr David Brook, Deputy Vice Chancellor at the Auckland University of Technology, was one of the people interviewed. [2] Daphne Wong complained to Television New Zealand Ltd, the broadcaster, that Dr Brook’s comment that copying was rewarded in Asian cultures but punished in New Zealand, was untrue and denigrated an entire culture....

Decisions
Penrice and Television New Zealand Ltd - 2003-035
2003-035

ComplaintOne News – item concerning Prime Minister’s announcement not to attend at Waitangi for services – included archival footage of Prime Minister upset at previous Waitangi Day service – tasteless – unfair FindingsStandard 1 – historical significance – contextual relevance – no uphold Standard 6 – not unfair to Prime Minister – no uphold This headnote does not form part of the decision Summary [1] An item on One News broadcast on TV One at 6. 00pm on 3 February 2003 concerned the Prime Minister’s announcement that she would not attend services at Waitangi on Waitangi Day. The item included archival footage of the Prime Minister crying at a previous Waitangi Day celebration. [2] Mr Penrice complained to Television New Zealand Ltd, the broadcaster, that the item should not have included this historical footage of the Prime Minister....

Decisions
Rogers and Television New Zealand Ltd - 2003-093, 2003-094
2003-093–094

ComplaintThe Last Word – power crisis – interview on 10 April with Save Energy spokesperson – comment by presenter on 30 April – both unbalanced FindingsStandard 4 and Guideline 4a – 10 April – speaker given opportunities to respond in item with a chat format – no uphold; 30 April – presenter’s brief contribution to debate discussed extensively elsewhere – no uphold Standard 6 – interviewee on 10 April not treated unfairly – no uphold This headnote does not form part of the decision. Summary [1] The power crisis was dealt with in an item on The Last Word broadcast on TV One at 10. 30pm on 10 April 2003. The Save Energy spokesperson was interviewed and the presenter commented that she did not intend to save power because the crisis was "the Government’s fault"....

Decisions
Banks, New Zealand Aids Foundation Inc and Bennachie and Television New Zealand Ltd - 2003-141–158
2003-141–158

ComplaintDestiny Television: Homosexuality, Religion and God – series of six programmes delivering religious sermons – denigration of and discrimination against homosexual and transsexual people – offensive – inconsistent with legislation – errors of fact – not impartial – TVNZ upheld complaint in part – apologised – removed series from repeat broadcast – dissatisfied with action taken on aspect upheld – dissatisfied with aspects not upheld Findings(1) Action taken on Standard 6 – insufficient – uphold (2) Standard 2 Guideline 2a – did not involve principle of law – no uphold (3) Standard 4, Standard 5 – not relevant – not a news, current affairs or other factual programme – no uphold OrderComplaints referred back to broadcaster under s. 13(1)(c) for further consideration of action to be taken This headnote does not form part of the decision....

Decisions
Williams and Television New Zealand Ltd - 2003-184
2003-184

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – use of archive footage of haka during item about foreshore and seabed dispute – inaccurate – unfair FindingsStandard 5 – use of footage not misleading or inaccurate – no uphold Standard 6 – use not unfair to any person or group – no uphold This headnote does not form part of the decision Summary [1] Archive footage of a haka performed at Waitangi beach was used in a Holmes item about the dispute over ownership of the foreshore and seabed. The programme was broadcast on 19 August 2003 at 7. 00pm on TV One. [2] Wiremu Te Rauna Williams complained to Television New Zealand Ltd, the broadcaster, that the use of the archive footage was inaccurate and amounted to “fraud and betrayal”, as it had no connection to the seabed and foreshore debate....

Decisions
AKO Ltd and Television New Zealand Ltd - 1994-015
1994-015

SummaryRadio Wha Waho was the name of a light-entertainment series set in a Maori radio station produced by TVNZ and broadcast weekly on Channel Two on Friday evenings starting on 15 October 1993. The directors of AKO Ltd complained to Television New Zealand Ltd that the first four programmes in the series misused the Maori language and invited viewers to laugh at rather than with the Maori characters. As a result, the series had had a negative impact on Maori business and, they argued, should be withdrawn. While acknowledging two language errors which it described as minor, TVNZ said the scripts were re-worked by members of its Maori Department to ensure that the programmes dealt sensitively with Maori humour and were not denigratory. It maintained that the broadcasts did not breach the standards. Dissatisfied with TVNZ's response, the complainants referred their complaint to the Broadcasting Standards Authority under s....

Decisions
Trussell and Radio New Zealand Ltd - 2002-024
2002-024

ComplaintNational Radio – Eureka – interview with Lord Robert Winston – critical comments about genetic modification research of Dr Arpad Pusztai – comments on cloning and transgenics – presenter failed to challenge Lord Winston – inaccurate, unfair and unbalanced FindingsPrinciple 4 – period of current interest ongoing – range of views being broadcast – no uphold Principle 5 – Dr Pusztai not dealt with unfairly – no uphold Principle 6 – minority – decline to determine – majority – Lord Winston's legitimately held opinions – no uphold This headnote does not form part of the decision. Summary [1] The edition of Eureka broadcast on National Radio on Sunday 12 August 2001 at 2. 00pm, and on Monday 13 August 2001 at 7. 00pm, included an interview with Lord Robert Winston, who gave his views on how the media covers science and medicine....

Decisions
Townsend and Television New Zealand Ltd - 2002-094
2002-094

ComplaintOne News – car accident in which complainant’s son killed – reference to speed and alcohol – driver had not been drinking – poor taste – inaccurate – unfair – discriminatory FindingsStandard G1 – expression of opinion – no uphold Standards G2 and G13 – comments acceptable and did not encourage denigration – no uphold Standard G4 – a number of implications – implication about alcohol involvement no stronger than others – no uphold This headnote does not form part of the decision. Summary [1] A news item about road safety following 15 road deaths in five days over the Christmas holiday period, focused on one of the more recent deaths. A couple whose truck had been struck by a car which was airborne after striking the kerb, and in which one young man was killed, spoke about being extremely angry on seeing beer in the car....

Decisions
Watkins and The RadioWorks Ltd - 2002-128–143
2002-128–143

ComplaintThe Rock – a number of complaints – breach of privacy – using the airwaves to ridicule and denigrate – unfair – unjust Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) s. 4(1)(c) – privacy – no identification – no uphold (3) Principle 5 – 6 December broadcast – no uphold11 December broadcast (6. 19am) – threatening and intimidatory – uphold11 December broadcast (8. 35am) – suggesting someone has mental problems unfair – uphold12 December broadcast (6. 22am) – no uphold12 December broadcast (6. 54am) – no uphold13 December broadcast – abusive and threatening – uphold20 December broadcast – no uphold7 January broadcast – no uphold Orders(1) Broadcast of statement(2) $250 reimbursement of reasonable legal costs and expenses This headnote does not form part of the decision. Summary [1] R K Watkins complained to the Broadcasting Standards Authority under s....

Decisions
Fitchett and Television New Zealand Ltd - 2002-150
2002-150

ComplaintHolmes – interview with man about unproven sexual abuse when a child in the Order of St John of God – man paid $30,000 by Order on condition of confidentiality – unbalanced – unfair to Order FindingsStandards 4 and 6 – item made clear that the man’s views had been contested by Brother and there was no court case – Church spokesperson given reasonable opportunity to challenge his account – did not do so – man’s credibility left to viewer to assess – not unfair – not unbalanced – no uphold This headnote does not form part of the decision. Summary [1] "Patrick" was interviewed in an item on Holmes broadcast on TV One at 7. 00pm on 19 June 2002....