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Interlocutory matter concerning whether formal complaint was lodged in writing with the broadcaster within the prescribed statutory timeframe Fair Go – formal complaint lodged by email shortly before midnight on 20th working day after the broadcast – broadcaster declined to accept the complaint on the basis it was out of time – question whether formal complaint was lodged within 20 working days as required by the Broadcasting Act 1989 FindingsDefinition of “working day” in section 2 of the Act specifies the days which are not to be counted as “working days” but does not specify times of the day – in the absence of explicit indication of times, ordinary meaning should be adopted – a “day” runs from midnight to midnight – complaint was lodged before midnight on 20th working day and therefore should have been accepted by the broadcaster, even though the email was not read until the following day OrderSection…...

Download a PDF of Decision No. 1992-030:McIntosh and Television New Zealand Ltd - 1992-030 PDF336. 63 KB...

The Authority has not upheld a complaint that a segment on 1News about Oranga Tamariki-run bootcamps breached the balance standard. The complainant considered the 1News reporter’s attitude, questioning and body language evidenced a ‘left bias’ and ‘a fair representation of the story’ was not given. The Authority found the balance standard was not breached as the broadcast presented sufficient viewpoints and the audience could reasonably be expected to be aware of additional perspectives from other media coverage. The Authority noted the standard does not direct how questions should be asked or require news to be presented without bias. Not Upheld: Balance...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – complainant was convicted of raping and abusing his daughter and sentenced to 14 years imprisonment – subsequent legal dispute between them about ownership of painting – daughter withdrew from proceedings which were resolved in complainant’s favour – item reported that complainant while in prison had then brought private prosecution for fraud against daughter arising from dispute over painting – item reported that daughter unable to get legal aid for painting dispute and required to sell her house – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – item not unbalanced – not upheld Standard 5 (accuracy) – item not inaccurate – not upheld Standard 6 (fairness) – item not unfair – not upheld The Authority declined to determine aspects of the complaint pursuant to section 11(b) of the Broadcasting Act 1989....

ComplaintHolmes – item regarding registration of Kopukairoa as wāhi tapu – examined the concerns of four landowners affected by the registration – unbalanced – inaccurate – unfair FindingsStandard 4 – failed to present range of views – unbalanced – uphold Standard 5 – factual inaccuracies – partial – uphold Standard 6 – Iwi dealt with unfairly – uphold OrderBroadcast of statementPublish statement in Bay of Plenty Times This headnote does not form part of the decision. Summary [1] The concern of four Pakeha landowners on Kopukairoa, because of the registration of the mountain in the Bay of Plenty as wāhi tapu, was dealt with in an item broadcast on Holmes at 7. 00pm on 18 November 2002. The item included interviews with the four landowners and Mr Toni Paraire who, it was said, represented the views of the local Māori who registered the wāhi tapu....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 35/95 Dated the 18th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANET CHAPMAN of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Distraction – British comedy quiz show in which the utmost is done to distract contestants from the task at hand – contestants were required to crawl face up between the legs of several elderly nudists and then dress them in underwear – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – contextual factors – not upheldThis 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 9. 30pm on 9 September 2005. During one task, contestants were required to crawl, face up, between the legs of several elderly nudists and then dress them in underwear....

Download a PDF of Decision No. 1991-041:Children's Media Watch and Television New Zealand Ltd - 1991-041 PDF788. 47 KB...

The Authority has declined to determine a complaint alleging 1News breached the balance standard by failing to cover comments made by Labour MP Ginny Andersen. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preference regarding matters of editorial discretion. Declined to determine (section 11(b) in all the circumstances): Balance...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Go Girls – included brief shot of two men kissing – allegedly in breach of children’s interests and controversial issues standardsFindingsStandard 9 (children’s interests) – kiss was brief and innocuous – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] A promo for the comedy-drama series Go Girls included a brief shot of two men kissing. The promo screened during the host programme Masterchef: The Professionals – Australia which was classified G (General), and was broadcast at about 5. 15pm on 4 June 2013 on TV One. [2] Katherine Hindson made a formal complaint to Television New Zealand Ltd, the broadcaster, alleging the footage of two men kissing was inappropriate to screen during children’s viewing times. [3] Ms Hindson raised the controversial issues and children’s interests standards....

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

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item titled “The Big Warm” discussed economist Gareth Morgan’s research into global warming – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – programme presented miscellany of views – did not attempt to debate whether global warming was caused by human activity – acknowledged the existence of other perspectives – not upheld Standard 5 (accuracy) – inaccurate to show Takuu as “the ugly face of global warming” – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7. 30pm on 3 May 2009, was introduced by the reporter as follows: The alarmists say the world is in full meltdown, that we’re all going to fry and mankind is to blame. The sceptics say it’s an absolute nonsense....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-113 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by A F JUDGE of Matamata TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Summary Good Morning’s nutritionist interviewed a representative from the International Soy Advisory Board and demonstrated the use of soy products in cooking in a broadcast by TVNZ on TVOne on 3 May 1999 beginning at 10. 00am. Mr James of Whangarei complained to Television New Zealand Ltd that the programme was unbalanced, unfair and inaccurate as it did not warn viewers of the known health risks of using soy products, nor did it reveal that the guest was either a consultant to or an employee of a company which markets the products. TVNZ responded that the programme did not purport to investigate the merits of soy products, but was essentially a cooking demonstration carried out while the guest discussed the principal ingredient. It maintained that as research on the benefits of soy products was equivocal, it was not in a position to judge whether the broadcast was accurate....

Summary A representative of the Airline Pilots’ Association was interviewed on Holmes, broadcast at 7. 00pm on TV One on 2 September 1999, in connection with a strike by Ansett pilots. Mr Geddes complained to Television New Zealand Ltd, the broadcaster, that the interview was biased, unbalanced and actively denigrated pilots involved in the dispute. He said he was appalled at the rudeness of the interviewer and his unprofessional, discourteous behaviour. TVNZ conceded that the interview could be described as "robust" but did not agree that it was rude or biased. The pilots’ representative was given full opportunity to respond on their behalf, it argued. It explained that, as management had declined to appear, balance was achieved by the presenter adopting a "devil’s advocate" position in order to prevent the item from becoming a chronicle of viewpoints from the Pilots’ Association....

ComplaintPrivate Investigators – filming of Graeme Lee – privacy – unauthorised filming and broadcast – highly offensive and objectionable – unfair Findings (1) Privacy – no uphold (2) Standard G4 – majority – uphold This headnote does not form part of the decision. Summary An episode of Private Investigators was broadcast on TV One at 7. 30pm on 4 July 2000. Private Investigators is a series about the activities of private investigators in New Zealand. Hon Reverend Graeme Lee, a gospel minister and former Member of Parliament, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached his privacy. He also complained to TVNZ that the broadcast was unfair to him. The programme included footage of Mr Lee arriving for a prayer meeting at a house where a private investigator was in the process of recovering goods from its occupants....

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Sunday – item and follow-up item investigated a war crime perpetrated by New Zealand’s mounted troopers in Surafend in 1918 – reported how many people had been killed and questioned why the Government would not apologise to the victims’ families – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration FindingsStandard 5 (accuracy) – no material points of fact raised by the complainant – general thrust of the item was accurate – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld Standard 4 (controversial issues – viewpoints) – programme of historical interest but did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld Standard 7 (discrimination and denigration) – New Zealand World War I troops not a section of the…...

Summary A news item broadcast on One Network News on 14 April 1998 between 6. 00-7. 00pm referred to some of the recommendations in the government’s review on firearms. It was reported that members of the anti-gun lobby were dissatisfied with the government’s lack of progress in implementing the recommendations. Paul Sheehan of Christchurch complained to Television New Zealand Ltd, the broadcaster, that the report on the recommendation to buy back semi-automatic weapons was inaccurate and misleading. In addition he complained about what he called the "incorrect implication" that gun laws had not been tightened, and the failure to balance the discussion by including a person from the pro-gun lobby. TVNZ advised that it upheld the aspect of the complaint regarding the recommendation to buy back semi-automatic weapons....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 94/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R J ENGLAND of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...