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Complaints under section 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989Holmes – two items about a cat captured by complainant who thought it was a stray and took it from West Auckland to Penrose – second Holmes item advised cat found – allegedly inaccurate, unfair and a breach of privacy Eating Media Lunch – rebroadcast of some footage from Holmes – allegedly a breach of privacy FindingsHolmes items: Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld Standard 5 (Accuracy) and Guidelines 5a and 5b – no factual errors – item reported that letter of apology received since Holmes involvement, not because of Holmes involvement – not upheld Standard 6 (Fairness) and Guidelines 6a, 6c, 6d, 6f – light-hearted item – no intention to humiliate complainant – not upheld FindingsEating Media Lunch Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld…...

Complaint Mo Show – interview with makers of and participants in a pornographic film – offensive – unsuitable for children FindingsStandard 1 – gratuitous sexual activities – uphold Standard 9 – not children’s normally accepted viewing time – no uphold No Order This headnote does not form part of the decision Summary [1] The making of a pornographic film near Los Angeles was shown in a segment of the Mo Show broadcast on TV2 at 10. 00pm on Tuesday 3 September 2002. The Mo Show is targeted at a young adult audience and features two New Zealand comedians presenting events they encounter in a number of countries, focusing on popular music and film. [2] Lois Durward complained to Television New Zealand Ltd, the broadcaster, that the segment about pornographic film-making near Los Angeles was offensive and unsuitable for younger viewers....

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – footage of parade in Auckland promoting Erotica exhibition – included bare-breasted women riding as pillion passengers on motorcycles – comments both for and against the parade – allegedly in breach of good taste and decency and the interests of children FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – warning during news item – unaccompanied children unlikely to be watching – not upheld This headnote does not form part of the decision. Broadcast [1] Footage of bare-breasted women riding as pillion passengers on motorcycles was shown in an item on One News broadcast on TV One at 6. 00pm on 23 August 2006....

ComplaintMessiah 2: Vengeance is Mine – promo – programme to be broadcast at 8. 30pm – promo screened during Holmes before 7. 30pm – graphic – inappropriate time slot FindingsStandard 7 – classification appropriate – no uphold Standard 10 – appropriate discretion exercised regarding violence – no uphold This headnote does not form part of the decision. Summary [1] A promo for Messiah 2: Vengeance is Mine was broadcast on TV One at 7. 20pm on Friday 11 July 2003 during Holmes. The programme Messiah 2, rated AO, was to be screened at 8. 30pm on Sunday 13 July. [2] Annette Ward complained to Television New Zealand Ltd, the broadcaster, that the graphic and disturbing promo had been broadcast at an inappropriate time. [3] In response, TVNZ said that the promo contained no explicit violence and did not include the scenes which had justified the film’s AO rating....

Complaint How’s Life? – three panellists suggested that people not medically cleared for work should nevertheless get a job – potentially dangerous – insensitive Findings Standard 1 – light-hearted context – not upheld Standard 6 – agony aunt entertainment programme – not sufficiently serious to be unfair – not upheldThis headnote does not form part of the decision Summary [1] How’s Life? , which was broadcast each weekday on TV One at 5. 30pm, featured a panel of local personalities who gave their own prepared answers to questions about human relationships submitted by viewers. The programme broadcast on 30 September 2003 considered a question from a person in receipt of accident compensation who was keen to return to work. Three of the four panellists suggested the questioner seek work....

ComplaintLove Thy Neighbour – examined dispute between neighbours – complainant declined invitation to participate – address disclosed – owner and house shown – breach of privacy FindingsPrivacy – principles (i) and (v) relevant – (vi) applies – public interest defence applicable – no uphold This headnote does not form part of the decision. Summary [1] The series Love Thy Neighbour examines neighbour disputes. A boundary dispute between neighbours in Whangarei was one of the items dealt with in the repeat episode broadcast at 11. 15am on TV One on 7 September 2002. [2] B Jobe complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the disclosure of the information which identified them and their house breached their privacy. [3] In response, TVNZ advised the Authority that the item had reported the circumstances of a neighbourhood dispute, and had not disclosed any private information....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 63/94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MAURICE NEW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

The Authority has not upheld a complaint about two Breakfast interviews discussing the Government’s decision to reduce New Zealand’s methane emissions target – first with the Executive Director of Lawyers for Climate Action, then 45 minutes later with New Zealand Prime Minister Rt Hon Christopher Luxon. The complaint was that the interview approaches varied between the two interviewees, creating an ‘unfairness and imbalance’ for viewers. The Authority found no breach of the balance standard as significant perspectives were presented within the broadcast and both interviewees had ample opportunity to explain their positions. Further, the style and type of questions raised in each interview were a matter of editorial discretion for the broadcaster. The fairness standard did not apply. Not Upheld: Balance, Fairness...

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....

Summary [This summary does not form part of the decision. ]An item on Sunday reported on an incident in which an innocent civilian was attacked by a police dog when a police dog handler failed to follow correct protocol. The Authority did not uphold the complaint that the broadcast of footage of the dog handler, taken from another programme series, breached his privacy. A combination of factors meant that Mr Moore did not have a reasonable expectation of privacy with regard to the footage, including that it was filmed in a public place, and he had already consented to its release into the public domain as part of a reality television series. Not Upheld: Privacy Introduction[1] An item on Sunday reported on an incident in which an innocent civilian, X, was attacked by a police dog when a police dog handler failed to follow correct protocol....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item explained where bank loans come from – allegedly inaccurate Findings Standard 5 (accuracy) – item gave accurate description of how bank loans are created – 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 20 October 2008, was introduced as follows: The global credit crunch is forcing more governments to prop up their banks and guarantee borrowing. So what does that mean for New Zealanders trying to get a loan? In tonight’s special report we send Garth Bray to find out where the money you borrow comes from. [2] Reporting from a kitchen, Mr Bray offered the following explanation: Think of a bank loan like baking a cake....

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 1989Tonight – item looked at the government’s rule change on foreign investment and its impact on Auckland airport shares and the share market in general – allegedly inaccurate Findings Standard 5 (accuracy) – complaint vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on Tonight, broadcast on TV One at 10. 30pm on 4 March 2008, reported on the share market’s turbulence after the government announced a change to foreign ownership rules preventing the sale of a major stake of Auckland International Airport shares to a Canadian pension fund. The item included interviews with Prime Minister Helen Clark, National Party leader John Key, Auckland airport chairman Tony Frankham, Graeme Bevans from the Canadian pension fund and Bruce Sheppard from the New Zealand Shareholders Association....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-099 Decision No: 1996-100 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 and IN THE MATTER of complaints by THE NATIONAL COLLECTIVE OF RAPE CRISIS AND RELATED GROUPS OF AOTEAROA INC. and RUBY WOODWARD of Wellington 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 1989Six Feet Under – promo – broadcast on two occasions at about 7. 00pm – portrayed character being kidnapped in his funeral van and later assaulted, robbed and left in dark alley – allegedly unsuitable for children in view of violence FindingsStandard 9 (children’s interests) and Guidelines 9a, 9e and 9f – PGR rated promo shown in G time – previously ruled unacceptable – upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for Six Feet Under was broadcast during One News, on two occasions, between 6. 00–7. 00pm on 27 and 28 September 2004. Six Feet Under is an AO classified programme which screens at 9. 40pm. [2] The promo showed a male character, David, being kidnapped in his own funeral van, and later assaulted, robbed and left in a dark alley....

ComplaintSpace – interview with two female porn actors – promoted their profession and business interests – no information about full activities of interviewees – unbalanced – abusive and objectionable language in complainant’s final comment FindingsStandard G6 – decline to determine This headnote does not form part of the decision. Summary [1] Two visiting female porn actors were interviewed on Space, broadcast on TV2 between 10. 25pm and midnight on 9 November 2001. The questions focused mainly on how they became involved in the industry, and one of the interviewees asked viewers interested in entering the industry to contact them. [2] Phillip Smits complained to Television New Zealand Limited, the broadcaster, that the interview was unbalanced as no one spoke about the degrading aspects of the industry....

ComplaintThe Last Boy Scout – film – "fuck" – frequent use – offensive languageFindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] The Last Boy Scout, an action movie, was broadcast on TV2 at 9. 25pm on 10 August 2002. [2] Lyall Philip complained to Television New Zealand Ltd, the broadcaster, that the language used was offensive, and that it occurred at the beginning of the movie when children might have still been up watching television. [3] In declining to uphold the complaint, TVNZ said in context the language did not breach current norms of good taste and decency, and that the film was screened outside "children’s normally accepted viewing times"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Question of Justice – documentary examining the ongoing controversy surrounding the conviction of David Bain for the murders of five family members – included police video, photographs of the crime scene, and re-enactments of the murders – allegedly unfair and in breach of the violence standardFindingsStandard 6 (fairness) – programme explored all different perspectives – not unfair to David Bain – not upheld Standard 10 (violence) – murder scenes not gratuitous – not upheldThis headnote does not form part of the decision. Broadcast [1] A Question of Justice, broadcast on TV One at 8. 30pm on 12 May 2005, examined the ongoing controversy surrounding the conviction of David Bain for the murders of five family members. The programme included police video and photographs of the crime scene, plus re-enactments of the murders and other scenes....

ComplaintOne News – item disclosed details of murder victim's private life – information allegedly gained by deception – use insensitive to familyFindings Standard 6 and Guidelines 6c and 6e – conflicting accounts about provision of information – decline to determine – s11(b)This headnote does not form part of the decision Summary [1] Details of the private life of murder victim Mark Burns were broadcast in an item on One News at 6. 00pm on 7 September 2003. [2] Irene Burns, an aunt of the deceased, complained to Television New Zealand Ltd, the broadcaster, that the journalist who had contacted her about Mark's death had reported information in the item which she had asked not to be broadcast. [3] In response, TVNZ contended that the accounts of the events from the complainant and the reporter could not be reconciled....