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McDonald and Television New Zealand Ltd - 2012-065
2012-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item profiled the complainant, Donald McDonald – introduction referred to some of his previous complaints including “that a One News isobar on the weather map was a subliminal advertisement for the movie Shrek”, and that he “complained to the Wellington City Council that its fireworks displays contained phallic symbols” – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – item did not suggest that all or most of his complaints were unfounded but that Mr McDonald complained “too often about too little” – provided context to complaints and complainant put forward his own perspective – complainant treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of fairness This headnote does not form part of the decision....

Decisions
Tichbon and Television New Zealand Ltd - 2000-065
2000-065

ComplaintOur People Our Century: "In the Family Way" – inaccurate, sexist statements – women portrayed as victims, men as violent abusers FindingsG1 – not inaccurate – no uphold G4 – not unfair – no uphold G6 – not relevant – balance not required in social history – no uphold G13 – no uphold This headnote does not form part of the decision. Summary The first episode of the documentary series Our People Our Century was broadcast on TV One on 7 February 2000 at 8. 30pm. It was entitled "In the Family Way" and looked at family life in New Zealand through the experiences of three different families. Bruce Tichbon complained to Television New Zealand Ltd, the broadcaster, that the programme made a number of inaccurate sexist statements in relation to men, and unfairly and inaccurately portrayed women as victims and men as violent abusers....

Decisions
Edwards and Television New Zealand Ltd - 2022-021 (11 April 2022)
2022-021

A 1 News item covered the National Party’s conference in Queenstown and noted a clash between the Party’s policies and having their conference in Queenstown. The complainant stated the report breached the balance and fairness standards as it was biased against the National Party. The Authority did not uphold the complaint, finding the Party was treated fairly and provided an opportunity to respond to the criticism. The balance standard did not apply. Not Upheld: Fairness, Balance...

Decisions
Ernslaw One Ltd and Television New Zealand Ltd - 1995-062
1995-062

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 62/95 Dated the 6th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ERNSLAW ONE LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Decisions
Hale and Television New Zealand Ltd - 1998-079
1998-079

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-079 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JENNY HALE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
RR and TV3 Network Services Ltd - 1999-076, 1999-077
1999-076–077

SummaryEmergency Heroes is a series which features the police and other emergency services responding to actual incidents. The response by a police patrol to a threat from a woman to commit suicide by jumping from a building was dealt with during an item in an episode broadcast on TV3 at 7. 30pm on Tuesday 16 February 1999. Mr R complained to TV3 Network Services Ltd, the broadcaster, that the broadcast breached a number of broadcasting standards and intruded on the privacy of both the woman and her family. Pointing out that he was the woman’s former husband and father of her three children, he said that she was easily identifiable to acquaintances because of her voice which was heard in the item, and her clothing. A 15 year old son who had seen the programme, he added, now needed ongoing counselling....

Decisions
Chapman and The Radio Network Ltd - 2007-076
2007-076

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....

Decisions
Viking Homewares Ltd and Television New Zealand Ltd - 2006-021
2006-021

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reported that Green Party was calling for an urgent safety review of non-stick cookware – claimed the US Environmental Protection Agency had found possible links between non-stick cookware, cancer and birth defects – veterinarian stated that non-stick pans could be deadly to household birds – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – item contained misleading and inaccurate statements – would have unnecessarily alarmed viewers – upheld Standard 6 (fairness) – not unfair to any person or organisation taking part in the programme – not upheldOrderSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant of $927. 50 Section 16(4) – payment of costs to the Crown $2,500....

Decisions
Rameka and Māori Television Service - 2017-070 (20 September 2017)
2017-070

Summary[This summary does not form part of the decision. ]A campaign clip for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast on 10 September 2017 on Māori Television. The clip featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s flora, fauna and waterways, accompanied by footage of animal carcasses and 1080 baits in water. The Authority did not uphold a complaint that the election programme was misleading and breached the Election Programmes Code and the Free-To-Air Television Code. The Authority found that the election programme did not contain statements of fact that were misleading, inaccurate, or indistinguishable from opinion. The claims made within the context of the broadcast were statements of political advocacy and opinion, made for the purpose of encouraging voters to vote for the Ban 1080 Party....

Decisions
Picken and Marchioni and Television New Zealand Ltd - 2004-051, 2041-052
2004-051–052

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Holmes – interview with Winston Peters MP about free dinner in restaurant partly owned by Peter Simunovich – meal occurred while Parliamentary Select Committee investigated Simunovich Fisheries – Mr Peters member of that committee – possibility of corruption suggested by others interviewed – allegedly unbalanced, impartial and unfairFindings Standard 4 (balance) and Guideline 4a – Mr Peters given ample opportunity to answer allegations – not upheld Standard 5 (accuracy) – “free” fish dinner allegation acceptable basis for programme – not upheld Standard 6 (fairness) and Guideline 6b – Mr Peters given ample notice of expected contribution – devil’s advocate approach acceptable in view of serious allegation – Mr Peters given ample time to respond – not upheld This headnote does not form part of the decision....

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
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
The Monarchist League of New Zealand Inc and Radio New Zealand Ltd - 2002-090
2002-090

ComplaintInsight – item on the monarchy versus republic debate – unbalanced – unfair presentation – factual inaccuracies FindingsPrinciple 4 – range of views presented – no uphold Principle 5 – Dr Mann of the Monarchist League not dealt with unfairly – no uphold Principle 6 – no inaccuracies – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme dealing with support for a monarchy and republicanism was broadcast on National Radio on Sunday 17 February 2002 between 8. 15–8. 45am. The Queen’s impending visit to New Zealand was the catalyst for the discussion. [2] On behalf of The Monarchist League of New Zealand Inc. , Dr Noel Cox, Chairman, complained to Radio New Zealand Limited, the broadcaster, that the programme was unbalanced, factually incorrect and unfairly presented....

Decisions
Anderson and Radio New Zealand Ltd - 2018-091 (4 February 2019)
2018-091

Summary[This summary does not form part of the decision. ]A complaint about an interview between Kim Hill and Rt Hon Winston Peters regarding the relationship between New Zealand First and the Labour Party was not upheld. The complainant submitted the interview was unbalanced because Kim Hill’s interviewing of Mr Peters was ‘biased, rude and condescending’. The Authority found that, while Ms Hill asked Mr Peters challenging and critical questions, Mr Peters had a reasonable opportunity to put forward his competing point of view. Given the level of public interest in the interview, Mr Peter’s position and his experience with the media, the Authority also found Ms Hill’s interview style did not result in Mr Peters being treated unfairly....

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
Peapell and Television New Zealand Ltd - 2007-090
2007-090

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Decisions
Wang and TVWorks Ltd - 2011-133
2011-133

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...

Decisions
Mainland Television Ltd and The Radio Network Ltd - 2004-033
2004-033

Complaint Classic Hits 89. 4FM Nelson - content of Nelson’s Mainland Television described as “crap” – offensive and unacceptable Findings Principle 7 – not applicable Principle 1 – not offensive in context – not upheld Principle 5 – humorous editorial comment was not unfair – not upheldThis headnote does not form part of the decision Summary [1] A news report that a city (Oslo) was offering trips through the sewer system as a tourist attraction was read on Classic Hits 89. 4FM in Nelson at about 7. 25am on Thursday 11 December 2003. The announcer added that, in Nelson, Mainland TV offered “four channels of crap all the time”. [2] On behalf of Mainland Television Ltd, the Managing Director (Gary Watson) complained to The Radio Network Ltd, the broadcaster, that the comment was offensive and unacceptable....

Decisions
Baxter and Radio New Zealand Ltd - 2004-125
2004-125

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Nine to Noon – joint interview with organiser of anti-racism march in Christchurch and leader of National Front – complainant alleged that interview on National Radio gave National Front credibility and legitimacy – item allegedly unbalanced and unfair as National Front not legitimate commentator on immigration issuesFindings Principle 4 (balance) – programme presented both sides of debate – not upheld Principle 5 (fairness) – programme not unfair to identifiable person – not upheld This headnote does not form part of the decision. Broadcast [1] During Nine to Noon on 10 May 2004 the presenter (Linda Clark) conducted a joint interview with the organiser of an anti-racism march in Christchurch, Mr Lincoln Tan, and the organiser of a National Front counter-march, Mr Kyle Chapman....

Decisions
Inland Revenue Department and Television New Zealand Ltd - 1999-164–167
1999-164–167

SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....

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