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Decisions
Harrison and Television New Zealand Ltd - 2009-061
2009-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

Decisions
Barker and Television New Zealand Ltd - 1999-012
1999-012

SummaryPreparations were proceeding for an early election in April 1999, according to the promo for news items broadcast on TV One at about 9. 30pm on 19 November 1998. In the item on Tonight it was reported that preparations were under way for the possibility of an early election. Mrs Barker complained to Television New Zealand Ltd, the broadcaster, that the promo was an inaccurate summary of the item to follow, as it failed to clarify that the preparations were being made only on the basis that there was a possibility of an early election. She argued that the promo was inaccurate, unreliable and a distortion of the item which followed. TVNZ responded that both the promo and the item were accurate in reporting that in the Electoral Office, planning was under way for an early election....

Decisions
Everitt and Television New Zealand Ltd - 1999-149, 1999-150
1999-149–150

Summary The situation faced by the original owners of some pensioner flats in Kaiapoi was addressed in an item on Fair Go broadcast at 7. 30pm on TV One on 12 May 1999. The item reported that when the owners featured on the programme had purchased their flat in the mid-seventies from the local authority, they had agreed to sell it back to the Council for the same price when they left. The item disclosed that the original prices were between $13,000 and $17,000, and the properties were now worth between $65,000 and $75,000. The ethics of the Waimakariri District Council in enforcing the agreement were questioned, and it was suggested to viewers that they write to the Council expressing their opposition to the policy....

Decisions
Morton and Television New Zealand Ltd - 2008-131
2008-131

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about child’s death from meningococcal disease following misdiagnosis – paediatrician involved in initial misdiagnosis named twice during the item – allegedly in breach of privacy Findings Standard 3 (privacy) – doctor's name, place of work and involvement in the case not private facts – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 27 November 2008, investigated the death of a young child from meningococcal disease after the illness was misdiagnosed at Wanganui Hospital. In the first part of the item, a Close Up reporter outlined what had happened, and interviewed the parents of the child at their home....

Decisions
Centre for Psycho-Sociological Development and Television New Zealand Ltd - 1996-030
1996-030

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996 - 030 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CENTRE FOR PSYCHO- SOCIOLOGICAL DEVELOPMENT Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Knights of the Southern Cross (Napier Branch) and Television New Zealand Ltd - 1996-075
1996-075

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-075 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KNIGHTS OF THE SOUTHERN CROSS Napier Branch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
RCD Applicant Group and Otago Regional Council and Television New Zealand Ltd - 1996-178, 1996-179
1996-178–179

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-178 Decision No: 1996-179 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RCD APPLICANT GROUP of Dunedin and OTAGO REGIONAL COUNCIL Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Fowlie and Television New Zealand Ltd - 1997-036
1997-036

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-036 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN FOWLIE of Paeroa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
South Island House Relocators Ltd and Television New Zealand Ltd - 1998-059
1998-059

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-059 Dated the 28th day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOUTH ISLAND HOUSE RELOCATORS LTD of Springs Junction Broadcaster TELEVISION NEW ZEALAND LIMITED Members L M Loates R McLeod J Withers...

Decisions
O'Neil and Television New Zealand Ltd - 1998-146
1998-146

SummaryAn item on One Network News on 31 March 1998 reported the findings of the Nursing Council following its investigation into a midwife’s management of the delivery of a baby who subsequently died. The item reported six adverse findings which the council had allegedly made on the midwife’s care and treatment. Jean O’Neil, the midwife referred to, complained to Television New Zealand Limited, the broadcaster, that the report was inaccurate and unfair because it failed to acknowledge that some of the charges were not upheld, and it portrayed her as guilty of charges on which she had been exonerated. TVNZ responded that the report was wrong on two matters of fact. It upheld the complaint and offered an on-air apology on One Network News. TVNZ wrote that it deplored the sloppy and careless reporting, and the reporter had been made aware of his failings....

Decisions
Baty and Television New Zealand Limited - 1999-171
1999-171

Summary An item on Fair Go reported on a dart-throwing competition which had been won by an Auckland man. The competition had been organised by a promoter, who had arranged insurance for the event with his United States principal. After the competition had been won, the principal refused to accept the claim, asserting the winner’s throw had been wind-assisted. The item suggested the wind would not necessarily have assisted the winner. It also suggested that a competition clause excluding "assistance" for dart throwing had been utilised by the promoter to escape his liability to the winner. The item was broadcast on TV One on 21 April 1999 commencing at 7. 30pm....

Decisions
Fowles and Television New Zealand Ltd - 2008-138
2008-138

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Homegrown – programme investigating history of beer in New Zealand – words "bastards", "bloody", "crap", "boobs or balls" and "shitloads" used – other words censored – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – language was humorous rather than abusive – worst language was censored – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Homegrown, a locally produced series which investigated various aspects of New Zealand culture and particularly produce, was broadcast on TV One at 7pm on Saturday 1 November 2008. This episode looked at the history of beer brewing in New Zealand. [2] During the programme, the words "bastards", "bloody", "crap", "boobs or balls" and "shitloads" were used, predominantly by one of the interviewees. Some other words were bleeped out....

Decisions
JB and Television New Zealand Ltd - 2006-090
2006-090

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...

Decisions
Lawson and Television New Zealand Ltd - 2004-027
2004-027

ComplaintOne News – item reported public street marches opposing lifting of GE moratorium – unbalanced as it suggested opponents were militant and irrational and lacked scientific and economic sense Findings Standard 4 – item focused on depth of demonstrators’ concerns and Government’s response to those concerns – not unbalanced – not upheldThis headnote does not form part of the decision Summary [1] Marches in Auckland, Wellington and Christchurch protesting the forthcoming lifting of the moratorium on GE field experiments were dealt with in an item on One News, broadcast on TV One on 11 October 2003 beginning at 6. 00pm. The item focused on events in Auckland. [2] John Lawson complained to Television New Zealand Ltd, the broadcaster that the item was unbalanced as it suggested the anti GE movement consisted of militants and irrational people who had no scientific or economic sense....

Decisions
Daly and Television New Zealand Ltd - 2004-130
2004-130

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about person who agreed to sell a rural home before the Manawatu floods – reported that after the floods the home was condemned and vendor and purchaser cancelled the contract – complainant trading as RE/MAX Associates continued to claim agency fee – item questioned morality of real estate company’s claim and reported that the fee was later remitted – allegedly unbalanced, unfair and inaccurateFindings Standard 6 (fairness) – unfair to complainant not to obtain his response – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – in the interest of fairness, disputed issues would have clarified if been put to complainant for comment – essence of complaint dealt with under fairness – not upheldOrder Broadcast of statementThis headnote does not form part of the decision.…...

Decisions
Strata Title Administration Ltd and Television New Zealand Ltd - 2004-214
2004-214

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about complaints from spokespersons representing the Bodies Corporate of four residential complexes – all were dissatisfied with Strata Title Administration Limited and its director Michael Chapman-Smith – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – issue essentially one of fairness – not upheld Standard 5 (accuracy) – inaccurate to state that Mr Chapman-Smith had agreed to an interview and then changed his mind – other statements not inaccurate – one aspect upheld Standard 6 (fairness) – overall item was fair – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] An item on Fair Go broadcast on TV One at 7. 30pm on 13 October 2004 examined complaints from spokespersons representing the Bodies Corporate of four residential complexes – Tuscany Towers, Ponsonby Crest, Waterford Apartments and Garden Grove....

Decisions
Zarifeh, on behalf of the Wellington Palestine Group, and Television New Zealand Ltd - 2002-009
2002-009

ComplaintOne News – news bulletins about Middle East conflict – inaccurate descriptions of geography – Jerusalem, Gaza Strip and West Bank are Occupied Territory – Old City of Jerusalem not "The Contested City" as asserted in caption Appeal and Judicial Review sought by TVNZ against original findings (see Decision 2001-014) to uphold the complaint that, by reference to TVNZ’s Journalists’ Manual, "the Occupied Territories" is the correct term – no order Appeal dismissed Judicial ReviewConsent order – matter remitted back to the Authority Findings on ReconsiderationStandard G14 – majority – caption "The Contested City" sufficient given item’s focus on peace talks and freedom of expression in Bill of Rights – minority – caption inaccurate – of material importance – freedom of expression does not apply to material inaccuracy – overall – no uphold This headnote does not form part of the decision....

Decisions
Kahukura and Television New Zealand Ltd - 2002-174
2002-174

ComplaintHavoc and Newsboy’s Sellout Tour – The Victory Lap – complainant shown blindfolded opening oysters at Bluff Seafood Festival – comments from Newsboy suggested he was drunk or had been taking drugs – inaccurate – unfair – defamatory FindingsStandard 6 – satirical series – festival and activities lampooned – complainant identifiable – reputation as oyster shucker not impugned – not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] Richard Lee Kahukura was featured opening oysters while blindfolded at the Bluff Seafood Festival in an episode of the satirical series Havoc and Newsboy’s Sellout Tour – The Victory Lap broadcast on TV2 at 10. 00pm on 9 July 2002. [2] Mr Kahukura complained to Television New Zealand Ltd, the broadcaster, that the comments during the broadcast made by Newsboy, suggesting that he was drunk and drugged, were inaccurate, unfair, and defamatory....

Decisions
Morgan and Television New Zealand Ltd - 2001-057
2001-057

ComplaintOne News: Waitangi Day Special – New Zealand flag used to cover tables where participants sat – disrespectful – intention to dishonour flag FindingsStandard G2 – acceptable visual centrepiece – no uphold Standard G5 – no disrespect for the principles of law – no uphold This headnote does not form part of the decision. Summary Maori-Pakeha relationships, the Treaty of Waitangi, and issues of nationhood were debated during a One News: Waitangi Day Special broadcast on TV One at 9. 45pm on 6 February 2001. The participants sat at tables which were covered with the New Zealand flag. Thomas Morgan complained to Television New Zealand Ltd, the broadcaster, that the use of the New Zealand flag as a table cloth was offensive and dishonourable. Arguing that the use of the flag was symbolic and that there was no intention to dishonour it, TVNZ declined to uphold the complaint....

Decisions
Robertson and Television New Zealand Ltd - 2016-038 (22 August 2016)
2016-038

Summary[This summary does not form part of the decision. ]An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link. The Authority did not uphold a complaint that the item was unbalanced, inaccurate and unfair. The item included a variety of significant viewpoints on KiwiRail’s decision, and it did not imply that the Government’s or KiwiRail’s views on the issue were more valid than other views. In the context of a brief news report, the pro-rail rally was accurately conveyed, and no individual or organisation was identified by the complainant as being treated unfairly. Not Upheld: Balance, Accuracy, FairnessIntroduction[1] An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link....

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