Search Rapua

ComplaintFair Go – rare breeds of sheep put in care as owner had cancer – organiser of care took two flocks herself – owner sought to recover sheep – care organiser believed she owned sheep – no contract – inaccurate – unclear – unbalanced – editing which distorted FindingsStandard G4 – inadequate opportunity to respond – uphold Standards G1, G3, G6, G7, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary David Tuart, an owner of some rare sheep species, required treatment for cancer. Dr Beverley Trowbridge, a fellow breeder of rare sheep species, arranged for his flocks to be distributed among other farmers. After Mr Tuart had been treated, Dr Trowbridge refused to return some of the sheep as she believed that she had been given ownership of them....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Fair Go – use of term “Jap import” in referring to second-hand cars – allegedly derogatory Findings Standard 6 (fairness) and Guideline 6g (discrimination and denigration) – term commonly used in a colloquial setting to describe second-hand cars imported from Japan – when used appropriately in context does not carry racially derogatory meaning – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on Fair Go on TV One on 26 May 2004, the presenter twice used the phrase “Jap import” to refer to second hand cars imported into New Zealand from Japan. The item was about imported cars which had been recalled for safety reasons. Complaint [2] E W Doe complained to Television New Zealand Ltd, the broadcaster, that the term “Jap import” was derogatory and “perpetuate[d] ignorant and intolerant racist attitudes”....

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…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Colmar Brunton poll surveyed voters’ party vote preferences – did not make correct assumption about likely Māori Party result – use of poll data in “virtual Parliament” format allegedly misleading and inaccurateFindingsStandard 5 (accuracy) – poll relied on reasonable assumptions – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast political items on One News at 6pm on 28 August and 4 September 2005. The items reported the outcome of two political polls conducted for Television New Zealand Ltd, by research company Colmar Brunton. [2] Both items reported how the outcome of the polls would translate to the make-up of a new Parliament, using a “virtual Parliament” to illustrate how many seats each party might win in the forthcoming election....

Complaint Sunday – item on Maui’s dolphins and introduction of set net ban – unfair and unbalanced FindingsStandard 4 – views of those opposed to the set net ban balanced against those in support – issues raised about treatment of complainants best assessed under Standard 6Standard 6 (preparation) – no evidence of assurances about scope of programme – not unfair – not upheldStandard 6 (presentation) – complainants’ position presented out of context – failure to mention alternative management plan unfair to complainants – upheld OrdersBroadcast of statement $2000 contribution towards complainants’ legal costsThis headnote does not form part of the decision Summary [1] An item about Maui’s dolphins explained that the species was in danger of extinction. It described set net fishing as the “single largest threat to [the] animal’s continued existence” and discussed the imminent Government ban on set net fishing....

ComplaintFair Go – consultation fee for general practitioner when there is an ACC contribution – practice to reduce fee to patient – opinion given that not to do so may amount to using finance as a barrier to treatment which is unethical – untrue – unfair FindingsStandard G1 – statement incorrect – uphold Standard G4 – not unfair in context – no uphold – no order AppealConsent order – appropriateness of no order(s) being imposed remitted back to the Authority Findings on ReconsiderationNo order appropriate This headnote does not form part of the decision. Summary [1] An item on Fair Go examined the case of a rugby player who went to a medical practitioner because of an injury. It was reported that ACC contributed $26 to the doctor for each consultation, but he had not reduced his fee for the player....

ComplaintHolmes – visual essay on the campaign of Winston Peters MP – suggested supporters were bewildered, bigoted and elderly – unfair FindingsStandard 6, Guideline 6g – elderly as a group not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] Aspects of the campaign of the leader of New Zealand First, Winston Peters MP, during the recent general election were dealt with in an item broadcast on Holmes at 7. 00pm on 30 July 2002. Mr Peters was shown campaigning while attending meetings and being questioned on radio and television. [2] Brent Morrissey complained to Television New Zealand Ltd, the broadcaster, that the item portrayed elderly voters as racist and intolerant of immigrants. That stereotype, he wrote, was incorrect....

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....

ComplaintReel Life: The Truth about Lesbian Sex – documentary examining lesbian sex – indecent – offensive FindingsStandard 1 and Guideline 1a – context – majority – no upholdThis headnote does not form part of the decision. Summary [1] Reel Life: The Truth about Lesbian Sex was a documentary broadcast on TV One at 9. 30pm on Wednesday 2 July 2003. The programme examined lesbian sex, focussing on lesbian relationships. [2] Mr Harang complained to Television New Zealand Ltd, the broadcaster, that the item showed scenes of a sexual nature which breached the standard of good taste and decency. [3] Mr Tod’s complaint to TVNZ maintained that the demonstration of sexual aids, combined with the explicit instruction on the performance of several sexual acts, was appalling and indecent. Mr Tod also stated that the programme inappropriately encouraged lesbian sex as an exciting and viable alternative to heterosexual sex....

ComplaintPromo – The Mind of the Married Man – references to anal sex – offensive language FindingsStandard 1 and guideline 1a – context – borderline – no uphold This headnote does not form part of the decision. Summary [1] An episode of The Mind of the Married Man was broadcast on TV2 at 9. 55pm on 13 February 2002. In a part of the episode during which a married couple argued about the state of their marriage, there was reference by the wife to anal sex, using terms such as "arse-fuck", "fuck me in the arse" and "deep in my arse". [2] Kerry Carter complained to Television New Zealand Ltd, the broadcaster, about the dialogue, which she considered "lewd and offensive" and "only fit for a porn video". [3] TVNZ declined to uphold the complaint....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host interviewed Professor of Māori history about 21 hui selecting a ‘Māori’ flag to be flown on Auckland Harbour Bridge on Waitangi Day – both host and interviewee commented that the process was a waste of time and money – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – item discussed controversial issue of public importance – One News item the previous evening presented alternative viewpoints which provided balance – not upheld Standard 7 (discrimination and denigration) – comments reinforced negative stereotypes but did not reach threshold necessary for encouraging denigration – not upheld Standard 5 (accuracy) – comments about Tino Rangatiratanga flag being one of division were clearly the host’s opinion – not upheld Standard 6 (fairness) – fairness to Māori dealt…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Distraction – British comedy quiz show – contained conversations of a sexual nature and coarse language – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Distraction, a British comedy quiz programme in which the utmost is done to distract contestants from the task at hand, was broadcast on TV2 at 10pm on 25 January 2008. The episode included conversations of a sexual nature, which came about by the host asking questions of the four contestants and then commenting on their answers. [2] An example of one such exchange was as follows: Host: (asking one of the three female contestants) Who out of Sharon and Sue has had sex with their partner’s big toe?...

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reviewed political career of Helen Clark – allegedly unbalanced Findings Standard 4 (balance) – item offered limited historical review of Helen Clark's time in Parliament – no discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 9 November 2008, reviewed the political career of the then leader of the Labour Party, Helen Clark, who was defeated in the New Zealand general election held the previous day. The One News presenter introduced the item by saying: So let's take a look at how Helen Clark's career stacks up. She is Labour's longest serving leader and the only one to win three terms as Prime Minister....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-087 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by ENID BANCROFT of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – item on Turkey’s potential entry into the European Union – interview with London correspondent – comments allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – matters complained about were not the controversial issue of public importance under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) and guideline 6g (denigration) – item did not denigrate Turkish people – no other grounds of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] Tonight broadcast a three-part item on 4 October 2005 at 10. 30pm covering the possible entry of Turkey into the European Union (EU). The first part of the item was an introductory piece by the Tonight presenter which briefly outlined the outcome of a meeting in Luxembourg....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item about Tana Umaga’s appointment as All Black captain – reference to Mr Umaga’s dreadlocks – presenter allegedly implied that dreadlocked sportspeople are incompetent and engage in sexually deviant behaviour and law breaking – allegedly breached standards relating to good taste and decency, law and order, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – presenter’s comments innocuous – neither indecent nor in bad taste – not upheld Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy) and Standard 6 (fairness) – matters complained about not expressed or implied in the broadcast – no basis for any of the complainant’s allegations in presenter’s comments – declined to determine This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance. The Authority upheld the complaint from the tenant that the programme breached her privacy and that she had been treated unfairly. The broadcaster could not demonstrate that the complainant had given consent to appear in the programme, and she had made her objections known to both the broadcaster and the production company before this third repeat broadcast, which occurred four years after the filming took place. Upheld: Fairness, PrivacyNot Upheld: Accuracy, Children’s InterestsOrder: Section 13(1)(d) – compensation to the complainant for breach of privacy $1,000Introduction[1] An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance....

Summary[This summary does not form part of the decision. ]The election coverage programme Vote 2014 included footage of Te Ururoa Flavell speaking to Māori Party supporters in te reo Māori. One of the presenters said, '[O]bviously as he's speaking in Māori, in te reo, and the vast majority of us aren't going to understand that. . . let's go back to David Cunliffe. . . ' and the broadcast crossed to Mr Cunliffe's speech. The Authority declined to uphold a complaint that the comment was racist and unfair. Although the comment was disrespectful and dismissive of the fact that te reo Māori is an official language of New Zealand, it did not reach the high threshold necessary to encourage discrimination or denigration, and was not unfair to Mr Flavell, especially in the context of an important political event....