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Download a PDF of Decision No. 1991-058:Shepherd and Television New Zealand Ltd - 1991-058 PDF323. 74 KB...

Complaint One News – interview with Chief Ombudsman about tax-payer funded sex-change operation where health bureaucracy acted unfairly – incorrect impression portrayed of Ombudsman’s decision, contrary to agreement before interview – field tape sought to assist preparation of complaint OrderOrder made to supply tape to Authority – section 12 Broadcasting Act This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background An item on One News on 23 November 2000 reported on the case of Joanne Procter who was seeking a taxpayer-funded sex change operation. Her application had been approved by doctors at Waikato Hospital, but that decision had been overruled by the Health Funding Authority. She had taken her case to the Ombudsman, and the Chief Ombudsman ruled that she had been treated unfairly by the health bureaucracy. A brief comment from the Chief Ombudsman was included in the item....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-069 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-107 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KRISTIAN HARANG of Auckland Broadcaster TELEVISION NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...

Download a PDF of Decision No. 1992-086:Paton-Simpson and Television New Zealand Ltd - 1992-086 PDF458. 1 KB...

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the reporter’s statements about the referendum regarding the establishment of a Māori ward were inaccurate. While several of the reporter’s statements could be seen to conflate the issues about representation, the surrounding statements clarified what was being discussed so viewers would not have been misled. In the context of the item, these statements did not reach the threshold for breaching the accuracy standard....

Summary[This summary does not form part of the decision. ]An item on 1 News promoted the new single from New Zealand singer-songwriter, Lorde. It featured clips taken from the music video for Lorde’s single, ‘Green Light’. In the clips, the singer could be seen leaning out of a car window and later dancing on the car roof. The Authority did not uphold a complaint that this item was in breach of the law and order standard by encouraging reckless driving. The music video, and the news item’s promotion of it, did not actively encourage audiences to break the law, or otherwise promote criminal or serious antisocial activity, taking into account the context. The Authority found that viewers would have understood the singer’s actions to have taken place in the ‘fantasy’ realm of the music video, which made sense within the fictional narrative of the song....

Summary[This summary does not form part of the decision. ] A segment on Seven Sharp featured an interview between Mike Hosking and Jacinda Ardern on the day Ms Ardern became leader of the Labour Party. Mr Hosking questioned Ms Ardern about the state of the Labour Party and her leadership credentials, and also commented on what he believed to be the ‘chaotic’ state of the Labour Party and its chances of winning the 2017 General Election. The Authority did not uphold a complaint that the segment was unbalanced and inaccurate, finding that the broadcaster provided sufficient balance by allowing Ms Ardern a reasonable amount of time to answer the interview questions. The Authority also noted the significant amount of coverage the leadership change received during the period of current interest....

An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Education Advertisement – National Party leader and Prime Minister John Key stated, “National is building a better education system, with school reports in plain English. . . ” – statement allegedly inaccurate and misleading FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air Television Code – advertisement did not state as fact that all school reports would be written in the English language – “plain English” was colloquial way of stating “easy to understand” – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An advertisement for the New Zealand National Party was broadcast on TV One on 2 November 2011 at approximately 9. 30pm....

The Authority has not upheld a complaint about an interview on Q+A, broadcast on TVNZ 1, with the Rt Hon Winston Peters, which included questions about the Government’s COVID-19 response, leaking of information regarding the ‘Green School’ funding, New Zealand First Party funding, the Serious Fraud Office investigation into the New Zealand First Foundation and a tax-payer funded trip of Mr Peters’ two friends to Antarctica. The complainant argued the interview breached the fairness standard because the broadcaster did not give Mr Peters notice of his proposed contribution regarding the various topics raised. The Authority found the wide-ranging and robust questioning was within the scope of what could be expected for a high profile and senior political figure like Mr Peters on matters of significant public interest in the lead up to a general election. Not Upheld: Fairness...

Summary[This summary does not form part of the decision. ]An item on ONE News covered the quarrying of a Dunedin landmark, Saddle Hill, and featured interviews with three people opposed to the quarrying. The reporter stated that quarry owner Calvin Fisher did not respond to his request for an interview, although an offer had been made to ‘replace the hill once the rock has been taken away’. TVNZ upheld Mr Fisher’s complaint, finding that insufficient attempts were made to contact Mr Fisher and the reporter unfairly represented that he was not willing to comment. TVNZ apologised in writing to Mr Fisher, removed the story from its website and discussed the upheld complaint with the reporter and management. However the Authority upheld Mr Fisher’s complaint that this action was insufficient to remedy the breach....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the trial of Colin Mitchell, who was found guilty of the kidnapping and sexually motivated attack of a young woman. During the item, the reporter stated: ‘DNA evidence from [Mr Mitchell’s] toothbrush matched that found on and inside the pair of gloves left at the quarry; 800,000 million times more likely to have come from Mitchell than anyone else’ [our emphasis]. The Authority declined to determine a complaint that the reporter’s statement was inaccurate because it did not take into account the possibility that Mr Mitchell had an identical twin, or that DNA evidence could have been falsified or planted. The Authority found the complaint was frivolous and trivial....

The Authority has not upheld a complaint images included in a 1 News item regarding the Children’s Commissioner’s report on child poverty breached the discrimination and denigration standard. The Authority did not consider ‘people in poverty’ to be a recognised section of the community for the purposes of the standard. In any event, the Authority did not consider the content of the broadcast encouraged discrimination or denigration in breach of the standard. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint about a promo which contained a joke that New Zealand’s duck hunting season had been off to a bad start because ‘someone accidentally shot Trevor Mallard’. Viewers would have understood the comment as a joke, and it was unlikely to cause widespread undue offence or encourage illegal activity, nor did it contain unduly disturbing violent content. Not Upheld: Good Taste and Decency, Violence, Law and Order...

FindingAuthority declines to accept the complaint on the grounds that it does not have jurisdiction to do so. This headnote does not form part of the decision. Broadcasts [1] Between 5 and 7 November 2010 on One News, a number of items reported the performance of New Zealand rowers at the World Rowing Championships at Lake Karapiro. Complaint [2] Edward Visser complained that the items hardly included any reports on the performance of “foreign competitors”. Broadcaster’s Response to the Complainant [3] TVNZ responded that the complaint was a matter of personal preference rather than broadcasting standards. Referral to the Authority [4] Mr Visser asked the Authority to review TVNZ’s decision. He disagreed that his complaint was a matter of personal preference, and argued that TVNZ was “breaching the Charter”....

Download a PDF of Decision No. 1993-079:Disabled Persons Assembly (New Zealand) Inc (Auckland Central Region) and Television New Zealand - 1993-079 PDF301. 22 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-071 Dated the 19th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-113 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LANCASTER SALES AND SERVICE LIMITED of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...