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WM and Television New Zealand Ltd - 2024-011 (12 November 2024)
2024-011

The Authority has not upheld a complaint that a Te Karere item reporting on the tangihanga of a prominent Māori activist and author breached the offensive and disturbing content, and privacy standards. The complaint was that the general fact of filming inside the whare tūpuna (meeting house) at the tangi was highly offensive as it was contrary to tikanga and the deceased’s wishes, and that the broadcast breached the complainant’s, the deceased’s and tūpuna (ancestors’) privacy. The Authority acknowledged the broadcast contributed to the distress and upset felt by the complainant. However, applying the standards and having regard to external cultural advice, the Authority did not consider the broadcast was likely to cause widespread disproportionate offence or distress to Te Karere’s audience....

Decisions
Tichbon and Television New Zealand Ltd - 2000-042
2000-042

SummaryWhen Women Kill, a documentary about two women who had both served 10 years in prison for murder was broadcast on TV One on 18 October 1999 at 8. 30pm. Bruce Tichbon complained to Television New Zealand Ltd, the broadcaster, that individuals referred to in the programme by the two women had not been treated fairly as they had not been given an opportunity to respond to accusations made about their conduct. He also complained that the programme was unbalanced because of comments made by a prison manager and because, Mr Tichbon said, it portrayed women as victims and men as violent abusers of women and children. TVNZ responded that the programme had not concealed the fact that it was tracing the women’s lives from their point of view. In those circumstances it considers it was not necessary to include the people referred to in the programme....

Decisions
Adams and 4 Others and Television New Zealand Ltd - 2010-143
2010-143

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...

Decisions
Axford, Bate and Oldham and Television New Zealand Ltd - 2011-115
2011-115

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Investigator Special: Jesus the Cold Case – documentary maker, Bryan Bruce, gave his perspective on the life and death of Jesus – consulted various experts – challenged traditional Christian view as encapsulated in the gospels – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 4 (controversial issues) – issues canvassed in the programme were matters of historical interest as opposed to controversial issues of public importance – authorial documentary approached from perspective of Mr Bruce – viewers could reasonably be expected to be aware of the commonly accepted view of the gospels – not upheld Standard 5 (accuracy) – reasonable viewers would have understood that the programme consisted of Mr Bruce’s comment and opinion based on his personal research – viewers would not have been misled – given subject matter of documentary the Authority is not…...

Decisions
Pietkiewicz and Television New Zealand Ltd - 2012-013
2012-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on an incident at Fairfield College in which a group of teenage girls were admitted to hospital after taking drugs – included summary of problems previously experienced at Fairfield College – allegedly in breach of standards relating to controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – in any event, alternative viewpoints were presented and representatives from Fairfield College were invited to appear on the programme – not upheld Standard 5 (accuracy) – item was not inaccurate and did not create a misleading impression about the problems faced at Fairfield College – not upheld Standard 6 (fairness) – Fairfield College was provided with a reasonable opportunity to comment and its response was adequately conveyed in the broadcast – Fairfield College was treated fairly – not upheld This…...

Decisions
Chippindale and Television New Zealand Ltd - 2003-172
2003-172

Complaint under section 8(1)(a) of the Broadcasting Act 1989Secret New Zealand – described the investigation into DC10 crash into Mt Erebus in 1979 as the “biggest cover-up” in aviation history – inaccurate – unbalanced – unfair Findings Standard 4 –- no imbalance in regard to the comments made about the complainant’s investigation – no uphold Standard 5 – no factual errors – no uphold Standard 6 – no unfairness to the complainant – no uphold This headnote does not form part of the decision Summary [1] The whereabouts of pages from the captain’s ring-binder notebook was investigated in an episode of Secret New Zealand which looked at the Air New Zealand DC 10 crash on Mt Erebus in Antarctica in 1979. Secret New Zealand is a series which highlights mysterious or unresolved aspects of New Zealand history and the episode complained about was broadcast on TV One at 8....

Decisions
Palmer and Television New Zealand - 2020-043 (14 October 2020)
2020-043

The Authority did not uphold a complaint that comments during a documentary on New Zealand’s involvement in the World War I military campaign in Gallipoli breached the discrimination and denigration standard. In the broadcast, one of the presenters was shown a photograph of a woman behind bars, in the context of a conversation about prostitutes being available for troops stationed in Egypt. The presenter then made a derogatory comment about the appearance of the woman. The complainant submitted the comments made in the broadcast denigrated both women and sex workers. The Authority acknowledged that the comment regarding the woman’s appearance in particular, which also diminished the seriousness of some women’s experiences in World War I, was insensitive and unnecessary, and would be considered sexist and offensive to some viewers....

Decisions
Lewis and Television New Zealand Ltd - 2020-086 (24 November 2020)
2020-086

In an episode of Seven Sharp, journalist Laura Daniels presented regarding creating a European inspired holiday from within New Zealand, in the context of COVID-19 travel restrictions. It included a scene where she pretended to eat cigarettes from a plate. The Authority did not uphold a complaint the broadcast was inappropriate for children to watch and breached the children’s interests standard. Taking the contextual factors into account, in particular the audience expectations of Seven Sharp, the Authority found the segment was unlikely to adversely affect children. Not Upheld: Children’s Interests...

Decisions
Gibb and Television New Zealand Ltd - 2008-012
2008-012

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hell’s Kitchen: Served Raw – chef Gordon Ramsay said “fucking Jesus Christ” – 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 Hell’s Kitchen: Served Raw was broadcast on TV2 at 12. 30am on 11 December 2007. The programme revolved around several aspiring chefs who competed against one another in a knock-out competition to win a restaurant. It was presented by Gordon Ramsay, a well-known and hot-tempered chef, who judged the competitors’ performances and sent a different person home each week. During the episode, Gordon Ramsay frequently used the word “fuck” to express his annoyance and frustration, and at one point he said “Fuck me, fucking Jesus Christ”....

Decisions
WP and Television New Zealand Ltd - 2009-092
2009-092

Complaint under section 8(1A) of the Broadcasting Act 1989One News – footage of interpreter during murder trial – High Court ruled that interpreter’s image was not to be broadcast – allegedly in breach of privacy FindingsStandard 3 (privacy) – disclosure of complainant’s presence at trial would not be considered highly offensive by an objective reasonable person – 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 23 July 2009 reported that the Justice Minister was calling for the repeal of the defence of provocation, following the conclusion of two murder trials. [2] The item included footage of both murder trials. Two brief shots of one of the defendants sitting in the dock were shown, with a woman sitting alongside the dock....

Decisions
Schwabe and Television New Zealand Ltd - 2002-065, 2002-066
2002-065–66

ComplaintOur World: The Farm that Time Forgot – Captain’s Log – commercial break in each programme included a Toyota bugger advertisement – programme presentation – offensive language FindingsSection 4(1)(a) and standard G2 – conjunction – advertisements in context – no uphold Standard G7 – no technical deception – no uphold Standards G8 and G12 – not unsuitable at 8. 40pm – no uphold This headnote does not form part of the decision. Summary [1] An episode of Our World entitled The Farm that Time Forgot was broadcast by TV One starting at 8. 05pm on Saturday 28 April 2001. During a commercial break at about 8. 40pm, a Toyota advertisement containing the word "bugger" was broadcast....

Decisions
Shrapnell and Television New Zealand Ltd - 2000-073
2000-073

ComplaintOne News – footage of atrocities in Chechnya – disturbing and alarming – unsuitable for children FindingsStandard V16 – no warning – broadcaster did not demonstrate it was mindful of children – footage graphic and disturbing – uphold Decision No: 2000-033 distinguished ObservationStandard V12 – not cited – potential uphold No Order This headnote does not form part of the decision. Summary Footage of atrocities committed by the Russian army in Chechnya was broadcast on One News on TV One between 6. 00–7. 00pm on 25 February 2000. A body was seen being pushed off a truck, and another was shown being dragged by the heels behind a truck. There were also shots of more bodies being buried by soldiers. John Shrapnell complained to Television New Zealand Ltd, the broadcaster, that it was unacceptable to show graphic shots of such atrocities in the early evening....

Decisions
New Zealand Mussel Industry Council Ltd and Television New Zealand Ltd - 2004-157
2004-157

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item about two young New Zealanders who won prizes in an essay competition on issues of public concern – one essay about the impact of mussel farming on the marine environment – allegedly unbalanced FindingsStandard 4 (balance) – essay competition was the item’s focus, not mussel industry – not upheld Standard 5 (accuracy) – opinions not facts about mussel industry advanced – not upheldThis headnote does not form part of the decision. Broadcast [1] Two young New Zealand conservationists who had won prices in an essay competition were interviewed in One News broadcast on TV One beginning at 6. 00pm on 18 July 2004. One had written an essay on the impact of mussel farming on the marine environment, focusing on the Marlborough Sounds....

Decisions
Vickery and Television New Zealand Ltd - 2003-034
2003-034

ComplaintOne News – CCS referred to as Crippled Children’s Society – obsolete – discriminatory – inaccurate – unfair FindingsStandard 5 – not inaccurate – no uphold Standard 6 and Guideline 6g – denigration or discrimination not encouraged – no uphold This headnote does not form part of the decision Summary [1] The return to Wellington of night-club entertainer, Carmen, was dealt with during an item on One News broadcast on TV One between 6. 00–7. 00pm on 25 October 2002. The reporter pointed to one building bearing the CCS logo which, he said, had been a brothel and was now used by the Crippled Children’s Society. [2] Russell Vickery, a National Board Representative with NZCCS, complained to Television New Zealand Ltd, the broadcaster, that as the organisation was the New Zealand CCS Incorporated, it was incorrect and unfair to describe it as the Crippled Children’s Society....

Decisions
Conroy and Television New Zealand Ltd - 2001-061
2001-061

ComplaintOur World: Clever Dicks – Part 2 – clever creatures shown – image of kea in AMI Insurance advertisement included – kea prising tail light from vehicles – inaccurate representation of kea FindingsStandard G1 – image not a point of fact – no uphold This headnote does not form part of the decision. Summary Our World: Clever Dicks – Part 2, broadcast on TV One at 8. 05pm on 17 March 2001, included footage of New Zealand’s kea rapidly completing a series of tasks which, on the face of it, seemed to require a certain amount of reasoning to accomplish. An image of kea prising the tail lights from vehicles, drawn from an advertisement for AMI Insurance, was also included. Roger Conroy complained to Television New Zealand Ltd, the broadcaster, that the programme featuring the advertisement was inaccurate when it showed kea prising the tail lights out of vehicles....

Decisions
Riwai-Couch and Television New Zealand Ltd - 2006-092
2006-092

Complaint under section 8(1)(a) of the Broadcasting Act 1989Big Love – fictional series about polygamist family in America – scene showed one of the wives nearly walking in on her husband and another wife having sex in her bedroom – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcast not during children’s normally accepted viewing times – not upheld This headnote does not form part of the decision. Broadcast [1] Big Love was a fictional series about a polygamist businessman living with three wives in modern day Utah, America. The first two episodes of the series were broadcast consecutively on Saturday 29 July 2006 commencing at 8. 30pm on TV2....

Decisions
Crouch and Television New Zealand Ltd - 2005-043
2005-043

Complaint under section 8(1)(a) of the Broadcasting Act 1989Billy Connolly’s World Tour of New Zealand – repeated use of the word “fuck” by comedian – allegedly in breach of good taste and decency standardsFindings Standard 1 (good taste and decency) – language not unexpected – contextual factors – clear warning given – not upheldThis headnote does not form part of the decision. Broadcast [1] Billy Connolly’s World Tour of New Zealand was broadcast on TV One at 9. 40pm on 3 April 2005. The programme followed the well-known Scottish comedian around New Zealand, and included extracts from his live stage appearances. Complaint [2] W A Crouch made a formal complaint to Television New Zealand Ltd, the broadcaster, in respect of the comedian’s repeated use of the word “fuck”....

Decisions
Tonizzo and Television New Zealand Ltd - 2012-024
2012-024

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Rude Tube – series featured viral video clips from the internet – “Animal Madness” episode included a clip of a man taking “an unscheduled toilet break” in a paddock, and being chased by a donkey apparently attempting to mate with him – allegedly in breach of good taste and decency, law and order, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – most viewers would not have been offended – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the law or promote, glamorise or condone criminal activity – not upheld Standard 10 (violence) – footage did not amount to “violence” as envisaged by the standard – not upheld This headnote does not form part of the decision....

Decisions
Garrett and Television New Zealand Ltd - 2016-084 (10 February 2017)
2016-084

Summary[This summary does not form part of the decision. ]A ONE News item reported on a protest organised by the Sensible Sentencing Trust, which carried a petition in the name of a deceased child, demanding changes to the rules around plea bargaining. The reporter stated, ‘the protestors chose disgraced ex-MP David Garrett to deliver that message to MPs. . . Garrett resigned from Parliament six years ago for stealing the identity of a dead infant. . . ’ The Authority did not uphold Mr Garrett’s complaint that this statement was misleading, as it implied the incident being referred to occurred six years ago, as well as being unbalanced and unfair to him. The Authority found the comment was not misleading, but emphasised that Mr Garrett’s resignation occurred six years ago, which was correct....

Decisions
Hall & Large and Television New Zealand Ltd - 2018-061 (10 October 2018)
2018-061

Summary[This summary does not form part of the decision. ]Two complaints regarding an episode of Shortland Street were not upheld. In the episode a new character appointed CEO of the Shortland Street hospital commented, ‘Puffed up, privileged Pakeha men drunk on control, terrified of change… we are the future, Esther, not them,’ referring to the hospital’s management. Complaints were made that this statement was sexist, racist and offensive to white men. The Authority reviewed the programme and relevant contextual factors, including established expectations of Shortland Street as a long-running, fictional soap opera/drama, and concluded the character’s statement did not breach broadcasting standards. It found upholding the complaints in this context would unreasonably limit the right to freedom of expression. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Balance, Accuracy, Fairness The broadcast[1] A Shortland Street episode featured a new CEO, Te Rongopai, starting at Shortland Street hospital....

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