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Chief Ombudsman (Sir Brian Elwood) and Television New Zealand Limited - ID2001-002
ID2001-002

ComplaintOne 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 – Broadcasting Act s. 12 Order: Order made to release field tape to complainant 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 had ruled that she had been treated unfairly by the health bureaucracy. A brief comment from the Chief Ombudsman was included in the item....

Decisions
Jones and Television New Zealand Ltd - 1993-083
1993-083

Download a PDF of Decision No. 1993-083:Jones and Television New Zealand Ltd - 1993-083 PDF2. 47 MB...

Decisions
H and Television New Zealand Ltd - 1993-177
1993-177

Download a PDF of Decision No. 1993-177:H and Television New Zealand Ltd - 1993-177 PDF724. 94 KB...

Decisions
Ritchie and Television New Zealand Ltd - 1992-080
1992-080

Download a PDF of Decision No. 1992-080:Ritchie and Television New Zealand Ltd - 1992-080 PDF281. 76 KB...

Decisions
Rosa and Television New Zealand Ltd - 1991-049
1991-049

Download a PDF of Decision No. 1991-049:Rosa and Television New Zealand Ltd - 1991-049 PDF371. 91 KB...

Decisions
Buxton and Television New Zealand Ltd - 2009-017
2009-017

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – female character struck gang leader on the head with a hammer – later kicked him repeatedly as he was tied up on the ground – allegedly in breach of violence and programme classification standards Findings Standard 7 (programme classification) – violence was graphic and realistic – deserved higher classification – upheld Standard 10 (violence) – violence went beyond PGR classification – warning inadequate – broadcaster did not exercise sufficient care – upheld This headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street was broadcast on TV2 at 7pm on Tuesday 20 January 2009. It began with a brief recap of violence that had taken place in the previous episode, continuing a long-running storyline concerning gang crime....

Decisions
Broughton and Rikys and Television New Zealand Ltd - 2009-104
2009-104

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…...

Decisions
Francis and Television New Zealand Ltd - 2007-041
2007-041

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed alleged rape victim in high-profile police trials – discussed whether current system in New Zealand was fair to alleged rape victims – allegedly unbalanced Findings Standard 4 (balance) – item omitted crucial information about evidence in police trials which was highly relevant to the controversial issue under discussion – majority uphold No Order This headnote does not form part of the decision. Broadcast [1] An item on Sunday entitled “Justice Denied” was broadcast on TV One at 7. 30pm on 11 March 2007. The item looked at the issues raised by the acquittal of three former Rotorua police officers (Brad Shipton, Bob Schollum and Assistant Police Commissioner Clint Rickards) in respect of a historical rape allegation. The reporter noted that the three men had also been acquitted in the high profile rape trial involving Louise Nicholas....

Decisions
McArthur and Television New Zealand Ltd - 2007-117
2007-117

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained footage of bare breasts and women in their underwear – allegedly in breach of good taste and decency, fairness, programme information and children’s interests standards. Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 6 (fairness) – item conveyed a positive message – item did not denigrate women – not upheld Standard 8 (programme information) – programme did not use subliminal perception – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7....

Decisions
Jeune and Television New Zealand Ltd - 1998-160
1998-160

SummaryOne Network News, commencing at 6. 00 pm on TV One on Saturday 12 September 1998, broadcast a lengthy item on the findings of the Starr Report, and its effect on the possibility of impeachment proceedings being taken against President Clinton of the United States. Ms Jeune complained to Television New Zealand Limited, the broadcaster, that it was highly offensive for explicit sexual material to be discussed during children’s normal viewing time. The material screened could disturb younger children, or those who were not ready to discuss aspects of sexual behaviour, she maintained. TVNZ responded that the threat of impeachment potentially weakened the President’s leadership, and thus had a worldwide impact. Perjury was the central issue of the impeachment proceedings, and arose from the sexual relationship denied by the President, it continued....

Decisions
Fortune and Television New Zealand Ltd - 2001-209
2001-209

ComplaintThe Private Lives of Giants – documentary – imperial measurements used – breach of taste – breach of law – inaccurate FindingsStandard G1 – no inaccuracies – no uphold Standard G2 – no community standards issues – no uphold Standard G5 – complaint referred to specific statute not legal principles – no uphold This headnote does not form part of the decision. Summary [1] The Private Lives of Giants was the title of the programme broadcast in the "Documentary New Zealand" slot at 8. 30pm on TV One on 23 July 2001. Non-metric measures were used throughout the programme. [2] Mr Fortune complained to Television New Zealand Ltd, the broadcaster, about the use of imperial measures. He considered that the metric system of weights and measures, which had been introduced by law in 1969, was being deliberately flouted....

Decisions
Lees and Television New Zealand Ltd - 2010-026
2010-026

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with Frank Bainimarama – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – Mr Bainimarama is a controversial political figure who should expect robust criticism – Mr Bainimarama dealt with fairly – not upheld Standard 5 (accuracy) – complainant did not identify any statements of fact that were inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sunday, broadcast on TV One at 8. 30pm on Sunday 15 November 2010, featured an interview with Frank Bainimarama. The presenter introduced the item by saying: When Commodore Frank Bainimarama expelled our High Commissioner from Fiji last week, it was just the latest in a string of tit-for-tat showdowns. . . He’s resisted being interviewed about the diplomatic stand-off until now....

Decisions
Galpin and Television New Zealand Ltd - 2008-105
2008-105

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News promo – covered the conflict between Russia and Georgia – contained footage of an injured woman sitting in rubble with fire and destroyed buildings around her – allegedly in breach of children’s interests Findings Standard 9 (children’s interests) – footage of distressed and injured woman likely to be upsetting to children watching the Olympics – broadcaster did not adequately consider the interests of child viewers – upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for One News, broadcast during coverage of the Olympic Games at approximately 5pm on Sunday 10 August 2008, contained the headlines of three stories....

Decisions
Wolf and Television New Zealand Ltd - 2005-010
2005-010

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – footage from British reality series Sex Inspectors included a couple engaged in various sexual acts – allegedly in breach of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification and programme information standardsFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – warning sufficient – not upheld Standards 2–6 and 8 – complaint based on mistake – not relevant – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 14 December 2004 the presenter of Eating Media Lunch on TV2 introduced a segment which was to feature in the following episode. Brief footage from a British reality series called Sex Inspectors was shown, including a couple engaged in various sexual acts....

Decisions
Rogers and Television New Zealand Ltd - 2003-101
2003-101

ComplaintThe Last Word – item about high-achieving student – presenter made disparaging comment – unfair FindingsStandard 6 – comment about adolescence rather than the featured student – no uphold This headnote does not form part of the decision. Summary [1] An item about a high-achieving 13-year-old boy in the United States was broadcast on The Last Word on TV One at 10. 30pm on 10 June 2003. At the item’s conclusion, the presenter made a comment about what she saw as the young man’s sense of self-satisfaction. [2] Frank Rogers complained to Television New Zealand Ltd, the broadcaster, that the presenter’s disparaging comment was unfair and could invite bullying against the studious and clever. [3] In response, TVNZ stressed the style of the programme and the presenter’s well-known disdain for hypocrisy. As it regarded the comment as humorous, TVNZ did not uphold the complaint....

Decisions
Turner and Television New Zealand Ltd - 2004-188
2004-188

Complaint under section 8(1)(c) of the Broadcasting Act 1989Coastwatch – repeat screening of an episode showing a family who had been apprehended by Fisheries Officers for infringing the fishing regulations – allegedly breached the privacy of the familyFindings Standard 3 (privacy) and Guideline 3a – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat broadcast of an episode of Coastwatch screened on TV One at 1pm on 3 October 2004. Coastwatch is a reality series which follows the activities of various law enforcement officers who patrol the coastline. The original episode had screened at 8pm on 15 March 2004. [2] The broadcast showed a family who had been apprehended by Fisheries Officers for taking more cockles from the beach than permitted by law....

Decisions
Francis and Television New Zealand Ltd - 2001-021
2001-021

ComplaintDrama Priest – depiction of homosexual sexual activity – incest – blasphemy – offensive behaviour – offensive language FindingsStandard G2 – programme started at 9. 10pm – warnings – no explicit sexual behaviour – no breach This headnote does not form part of the decision. Summary A British drama entitled Priest was broadcast on TV One at 9. 10pm on 11 November 2000. It highlighted the inner conflict experienced by a priest as he tried to reconcile the contradictory demands of his faith and his homosexuality. Ken Francis complained to Television New Zealand Ltd, the broadcaster, that scenes which depicted homosexual sexual activity were offensive and breached broadcasting standards. The film also contained incest and blasphemy themes, he noted, which he also found offensive....

Decisions
Henderson and Television New Zealand Ltd - 2007-122
2007-122

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained images of women with bare breasts, and women in their underwear – allegedly in breach of good taste and decency, and children’s interests standards Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7. 30pm on 7 September 2007, contained video footage of women with bare breasts and women in their underwear. [2] The episode was preceded by a visual and verbal warning that stated: This programme is rated PGR....

Decisions
Pratt and Television New Zealand Ltd - 2004-120
2004-120

Complaint under section 8(1)(a) of the Broadcasting Act 1989 One News Update – included images of abused Iraqi prisoners – pictures shown during general programming – allegedly unsuitable for children – failure to consider children’s viewing interests Findings Standard 9 (children’s interests) – interests of children considered – not upheld Standard 10 (violence) – violent disturbing material not shown – not upheld This headnote does not form part of the decision. Broadcast [1] One News Update is broadcast on TV One highlighting news stories of the day which usually then screen on the evening news programmes. On 8 May 2004 at approximately 4. 55pm a One News Update broadcast images of tortured Iraqi prisoners. Complaint [2] Karen Pratt complained about the images shown of the Iraqi prisoners....

Decisions
Duff and Television New Zealand Ltd - 2001-110
2001-110

ComplaintThe Machine – "arse end" used to describe Southland – quiz show aimed at children and teenagers – offensive language – broadcaster not mindful of children FindingsStandard G2 – insufficiently offensive to constitute breach – majority – no uphold Standard G12 – majority – no uphold This headnote does not form part of the decision. Summary One of the presenters of the TV2 quiz show The Machine, during the episode broadcast at 5. 30pm on 17 June 2001, introduced two competing school teams from Northland and from Southland as being "one from the top, one from the arse end" of the country. Robin Duff complained to the broadcaster, Television New Zealand Ltd, that such "crude language" was unacceptable. He said the word would have been acceptable in, for example, a police drama directed to adults, but not in a young person’s quiz show....

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