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Decisions
Nicol and Television New Zealand Ltd - 2003-070
2003-070

ComplaintHolmes – coverage of rally driver Possum Bourne’s funeral service – tribute by eight-year-old son – breach of child’s privacy FindingsStandard 3 and Guideline 3a – Privacy Principle (vii) – best interests of child considered by broadcaster – no uphold This headnote does not form part of the decision. Summary [1] Coverage of rally driver Possum Bourne’s funeral service was broadcast on Holmes on TV One at 7. 00pm on 6 May 2003. The item included the tribute made by his eight-year-old son, Taylor Bourne. [2] Kevin Nicol complained to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item, broadcast by Television New Zealand Ltd, breached the child’s privacy....

Decisions
Hodson and TVWorks Ltd - 2012-012
2012-012

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

Decisions
Collins and Television New Zealand Ltd - 1991-052
1991-052

Download a PDF of Decision No. 1991-052:Collins and Television New Zealand Ltd - 1991-052 PDF521. 77 KB...

Decisions
MacRaild (on behalf of CORSO Inc) and Television New Zealand Ltd - 1990-030
1990-030

Download a PDF of Decision No. 1990-030:MacRaild (on behalf of CORSO Inc) and Television New Zealand Ltd - 1990-030 PDF767. 92 KB...

Decisions
Edmunds and Television New Zealand Ltd - 1992-095
1992-095

Download a PDF of Decision No. 1992-095:Edmunds and Television New Zealand Ltd - 1992-095 PDF846. 89 KB...

Decisions
S and The Radio Network Ltd - 1998-020
1998-020

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-020 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by S of Christchurch Broadcaster THE RADIO NETWORK LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Roberts and Television New Zealand Ltd - 1998-057
1998-057

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-057 Dated the 28th day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D S ROBERTS of Kaikoura TELEVISION NEW ZEALAND LIMITED Broadcaster L M Loates R McLeod J Withers...

Decisions
Benson & Far North Cable TV Ltd and Doubtless Bay Family Radio - 2006-054
2006-054

Complaint under section 8(1)(a) of the Broadcasting Act 1989Simulcast by broadcasters of the Good Vibrations Carnival at Cooper’s Beach between 1pm and 5pm Saturday 15 April 2006 – carnival organised as community response to Dr Neil Benson’s plan to open a brothel at Cooper’s Beach – broadcast included comments critical of brothel proposal and extracts critical of the proposal from the meeting at Mangonui Town Hall organised to discuss brothel proposal – broadcasts allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsDoubtless Bay Family RadioPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – approach taken in broadcast clearly explained and reasonable opportunities given for other significant points of view – not upheldPrinciple 5 (fairness) – Bensons not dealt with unfairly – not upheldPrinciple 6 (accuracy) – no inaccuracies – not upheldPrinciple 7 (social responsibility) – brothel owners not denigrated or discriminated against – not upheldFar…...

Decisions
Balfour and Television New Zealand Ltd - 2012-040
2012-040

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on court proceedings in which the complainant was found guilty on charges under the Animal Welfare Act 1999 – contained footage of SPCA raid at his property and photographs of cats and dogs – allegedly inaccurate, unfair and in breach of privacy FindingsStandard 3 (privacy) – complainant identifiable – photographs legitimately obtained by SPCA – use of archive footage justified given ongoing interest in Mr Balfour’s activities and properties – footage of dogs in a playpen was innocuous and used as visual wallpaper to report on court proceedings in which Mr Balfour was found guilty of serious charges – footage of Mr Balfour being served with search warrant was not obtained by “prying” – harm to Mr Balfour in terms of underlying objective of privacy standard resulted from conviction, not the item – item did not…...

Decisions
Wakelin and CanWest Radio NZ Ltd - 2002-115
2002-115

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

Decisions
Kirk and TVWorks Ltd - 2007-088
2007-088

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – report on dispute between Jim Anderton and Mike Moore – item showed an email from the complainant in which her name and email address were visible – allegedly in breach of privacy The Authority’s DecisionStandard 3 (privacy) and privacy principles 1 and 4 – email address not covered by privacy principle 4 – personal email address could be a private fact for the purposes of privacy principle 1 in some circumstances – in this case disclosure was incidental to the focus of the report – the disclosure was brief and would not be highly offensive to the objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6....

Decisions
Van Helmond and TVWorks Ltd - 2009-146
2009-146

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on a threat made against MP Sue Bradford that was published under the username GarfieldNZ on the website Twitter – news reporter tracked down the individual who owned the username – contained footage of reporter knocking on the front door of the individual’s house and talking to him about the threat – allegedly in breach of privacy and fairness standards Findings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 5 (accuracy) – item showed the wording of the Twitter message – viewers not misled – not upheld Standard 6 (fairness) – footage of door-stepping did not disadvantage the complainant – complainant’s response provided to viewers – not upheld This headnote does not form part of the decision....

Decisions
Crowley and Television New Zealand Ltd - 2000-139
2000-139

ComplaintHolmes – interview with Parekura Horomia – comments made during filming break – broadcast of private conversation – breach of privacy FindingsPrivacy – Privacy Principle (iii) – intentional interference with Mr Horomia's interest in solitude or seclusion – offensive – no consent – insufficient public interest – uphold This headnote does not form part of the decision. Summary An interview with the Minister of Maori Affairs designate, Parekura Horomia, was broadcast on Holmes on TV One at 7. 00pm on 24 July 2000. In an addendum to the interview, viewers heard a recording of comments made by Mr Horomia during a filming break about his distrust of the media. Jo Crowley complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached Mr Horomia's privacy....

Decisions
McGill and Farr and Television New Zealand Ltd - 2005-005
2005-005

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – item discussing the noise levels at a speedway in Auckland – showed the names of those who had presented a petition to the Environment Court – allegedly in breach of privacyFindings Standard 3 (privacy) – signatures on a petition not private facts – not upheldThis headnote does not form part of the decision. Broadcast [1] Recent controversy about the noise levels at the Western Springs Speedway in Auckland was discussed on Close Up @ 7 on TV One at 7pm on 17 December 2004. The item included a studio discussion with a member of the local residents’ group that had petitioned to get the noise levels reduced, and an Auckland City Councillor. [2] The item began by showing the signatures of those whose petition over the noise levels had been presented to the Environment Court....

Decisions
Simpson and The Radio Network Ltd - 1999-058
1999-058

Summary An announcer on the Classic Hits Network rang several motels in Gisborne to investigate vacancies and room rates, in the context of a discussion about charges for motel accommodation in Gisborne during the millennium celebrations. The daughter of a motel owner/manager answered a call, advised the caller that the motel was fully booked for the period and, when asked, mentioned some tariffs. The call was broadcast on Classic Hits ZHFM on 19 January 1999. Ms Simpson, the owner/manager of the motel, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast was an invasion of her daughter’s privacy. She said the caller did not identify himself to her daughter and broadcast the telephone call as a live interview. She said the broadcast used some figures obtained from her daughter, which had been discussed by the family but not confirmed....

Decisions
M and TV3 Network Services Ltd - 2000-132
2000-132

ComplaintInside New Zealand – debt collection – privacyFindings Privacy – identification – private facts revealed – no public interest – upholdOrderCompensation of $500 to complainant This headnote does not form part of the decision. Summary A documentary about debtors and debt recovery workers was the subject of an Inside New Zealand programme broadcast on TV3 on 7 June 2000 at 8. 30pm. A debt recovery worker was seen outside the home of a couple with a number of children, who were said to have a debt of $1600. M complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy and the privacy of her family was violated by the broadcast, which included footage of family members filmed through a fence, and a recording of the conversation between M and her husband and the debt recovery worker....

Decisions
Irwin and Television New Zealand Ltd - 2002-095
2002-095

ComplaintUnsolved – examined murder and rape of Alicia O’Reilly in 1980 – disclosed address where crimes occurred – breach of privacy of present owners FindingsPrivacy – no highly offensive private facts disclosed – no intrusion – no uphold This headnote does not form part of the decision. Summary [1] The series Unsolved examined serious crimes which have not been solved. The murder and rape of six-year-old Alicia O’Reilly was the unsolved crime dealt with in the episode broadcast at 8. 00pm on TV One on 13 May 2002. The programme included the name of the street and the number of the house where the crimes occurred, and included visuals of the house. [2] Explaining that she and her husband were the current owners of the house, Carol Irwin complained to the Broadcasting Standards Authority under s....

Decisions
Lane and Television New Zealand Ltd - 1992-094
1992-094

Download a PDF of Decision No. 1992-094:Lane and Television New Zealand Ltd - 1992-094 PDF1. 36 MB...

Decisions
Radfords and Television New Zealand Ltd - 2003-017
2003-017

Complaint Private Investigators – complainants’ boat repossessed from their property – no attempt to pixellate them – humiliating – breach of privacy FindingsStandard 3 and Guideline 3a – Privacy principle (i) – facts disclosed objectionable – no public interest – uphold OrderBroadcast of statement; compensation of $750 to each of the complainants This headnote does not form part of the decision. Summary [1] The repossession of a boat on which money was owing for the outboard motor was shown in a segment on Private Investigators broadcast on TV One at 9. 35pm on 6 November 2002. Private Investigators is a reality series which shows the range of activities undertaken by private investigators. [2] Mr and Mrs B Radford, the owners of the boat, complained through their solicitors to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached their privacy....

Decisions
AB and Television New Zealand Ltd - 2004-049, 2040-050
2004-049–050

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989One News – item on alleged police pack rape of Louise Nicholas – footage shown of former police house where rapes allegedly occurred – current house owner alleged item breached privacy and was unfairFindings Standard 3 (privacy) – no identification of current owner of house – not upheld Standard 6 (fairness) – current owner not referred to in item – not upheld This headnote does not form part of the decision. Broadcast [1] An item which reported developments following an accusation of rape by Louise Nicholas against three policemen was broadcast on One News on 31 January at 6. 00pm. The item included shots of the former police house where the rapes were alleged to have occurred....

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