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Decisions
Valenta and Television New Zealand Ltd - 2008-010
2008-010

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198920/20 – item discussed Marc Ellis’s promotional stunt for his new business which involved discharging explosives on Rangitoto Island – allegedly in breach of law and order and fairness standards Findings Standard 2 (law and order) – not clear from the item that the stunt amounted to criminal activity – item did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – complainant did not identify which individuals or organisations were treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 20/20, entitled “Guerrilla Marc[eting]”, broadcast on TV2 at 9. 30pm on Thursday 15 November 2007, discussed the first major guerrilla marketing stunt that had taken place in New Zealand....

Decisions
DY and Television New Zealand Ltd - 2008-088
2008-088

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the use of 1080 poison on the South Island’s West Coast and the tensions it was causing in the community – included video footage of a confrontation between a contractor involved in the 1080 programme and anti-1080 protestors – allegedly in breach of privacy Findings Standard 3 (privacy) – video footage was taken in a public place – complainant not in a state of vulnerability – 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 Tuesday 5 August 2008, reported on protestors clashing with contractors over the use of 1080 poison on the West Coast of New Zealand’s South Island....

Decisions
Cosmetic, Toiletry & Fragrance Association of NZ Inc and Television New Zealand Ltd - 2007-082
2007-082

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye – focused on a chemical named paraphenylenediamine – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – standard did not apply – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements – not upheld Standard 6 (fairness) – broadcaster not required to seek comment from the industry body – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on TV One’s Close Up programme, broadcast on 25 May 2007 at 7pm, discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye....

Decisions
Wakeman and Television New Zealand Ltd - ID2004-154
ID2004-154

Interlocutory Decision Complaint under section 8(1)(a) of the Broadcasting Act 1989 Interlocutory applications for disclosure of additional material and formal hearing – complainant complained about total of seven programmes on TVNZ concerning Te Tai Hauauru by-election and Māori PartyDecision on interlocutory applications Request for production of additional information – not required in order for Authority to determine complaints – declined Request for formal hearing – not required in all circumstances of case – declinedThis headnote does not form part of the decision. Factual Background[1] Peter Wakeman stood as an independent candidate in the 2004 by-election in the Te Tai Hauauru electorate, which was required following the resignation of the Hon Tariana Turia from the Labour caucus. [2] Mr Wakeman polled fourth of six candidates in the by-election, receiving 80 votes....

Decisions
Smith and Television New Zealand Ltd - 2003-049
2003-049

ComplaintEyes Wide Shut – film – screened at 9. 30pm during school holidays – sexual content – unsuitable for children Findings Standard 1 and Guideline 1a – not relevant Standard 9 and Guidelines 9a, 9b & 9c – 9. 30pm not children’s normally accepted viewing time – no uphold This headnote does not form part of the decision. Summary [1] Eyes Wide Shut was a film broadcast during the school holidays, on TV2 at 9. 30pm on Tuesday 21 January 2003. The film was preceded by a warning which cited "strong sexual content", "nudity" and "drug use", and it was classified AO. [2] Cherry Smith complained to Television New Zealand Ltd, the broadcaster, that by not providing sufficient information about the film prior to its broadcast, TVNZ failed to consider the interests of children....

Decisions
Kirk and Television New Zealand Ltd - 2003-167
2003-167

ComplaintSunday – investigation of Dr Richard Gorringe who had been found guilty of professional misconduct and disgraceful conduct through use of alternative medicines – biased – unfair – misleading FindingsStandard 4 – reasonable opportunities given – not unbalanced – no uphold Standard 6 – Dr Gorringe dealt with fairly as ample opportunity given to present views – no uphold This headnote does not form part of the decision. Summary [1] The use by Dr Richard Gorringe of alternative medicine, alongside conventional medicine, was investigated in an item broadcast on Sunday at 7. 30pm on TV One on 2 September 2003. Dr Gorringe had been found guilty by the Medical Practitioners Disciplinary Tribunal on two charges of professional misconduct and one of disgraceful conduct. [2] Margaret Kirk complained to Television New Zealand Ltd, the broadcaster, that the item was biased and unfair, and trivialised the work of Dr Gorringe....

Decisions
MacDonald and Accident Compensation Corporation and Television New Zealand Ltd - 2002-071, 2002-072
2002-071–072

ComplaintsHolmes – two items – sensitive information about two women found on second-hand computer hard drive – inaccuracies – unfair to ACC and to women – unbalanced – unnecessary intrusion into grief and distress of victims – significant errors of fact not corrected at earliest opportunity Findings (ACC complaint)(1) Standard G1 – inaccurate to refer to counsellor as part of ACC’s organisation – inaccurate to say women were referred to counsellor by ACC – uphold (2) Standard G4 – broadcasts unfairly framed ACC – uphold; breach in relation to the interviews with the women – uphold (3) Standard G6 and Standard G14 – selective editing of press release – items unbalanced – uphold Findings (MacDonald complaint)(1) Standard G4 – aspect upheld by broadcaster; breach in relation to the interviews with the women – uphold; broadcasts unfairly framed ACC – uphold (2) Standard G6 – item unbalanced – uphold Orders(1) Broadcast of statement(2) $12,500 reimbursement of reasonable…...

Decisions
Kearney and Television New Zealand Ltd - 2002-200
2002-200

ComplaintHolmes – interview – inappropriate reference to Noam Chomsky – "he should be shot" FindingsStandard 2; Standard 5; Standard 6 – colloquialism – contextual factors – no uphold This headnote does not form part of the decision. Summary [1] An interview with forensic anthropologist Kathy Reichs was broadcast on Holmes on TV One at 7. 00pm on 2 September 2002. Having ascertained that Ms Reichs knew Noam Chomsky, described as an anthropologist (sic), the interviewer (Mr Holmes) commented; "he should be shot". [2] The Kearneys complained to Television New Zealand Ltd, the broadcaster, stating that in the context in which it was spoken the comment "constituted the worst and most disgraceful abuse of the position of an interviewer". [3] In declining to uphold the complaint, TVNZ said the remark carried no malice and was simply a figure of speech, spoken in jest....

Decisions
Schwabe and Television New Zealand Ltd - 2001-055
2001-055

ComplaintNew Zealand Festival: Virginity – language – "did you fuck him? " – offensive FindingsSection 4(1)(a) – not gratuitous – acceptable in context – no uphold This headnote does not form part of the decision. Summary The programme New Zealand Festival: Virginity was broadcast on TV One at 9. 35pm on 19 February 2001. One of the seven women who spoke of their first sexual experiences reported that she was later asked by an acquaintance, "did you fuck him? " Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "fuck" was grossly offensive. He argued that the classification of a programme as AO and the inclusion of a warning did not excuse the broadcaster from the requirement to maintain standards of good taste and decency....

Decisions
Kammler and Television New Zealand Ltd - 2000-045
2000-045

ComplaintOne Network News – economic report – deficit – inaccurate – omission of information FindingsStandard G14 – no further information necessary – not inaccurate – simplicity important in reporting news in accessible way – no uphold This headnote does not form part of the decision. Summary An item on One Network News broadcast on TV One at 6pm on 21 December 1999 concerned New Zealand’s deficit. It was reported that economists and politicians had emphasised that increased saving and exports were required to improve the deficit. K H Peter Kammler complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurately reported because "invisibles" such as the profits of overseas shareholders were not mentioned as a major factor in contributing to the deficit. He also contended that the suggestion made in the item that increasing exports would assist in reducing the deficit was "fraught with… difficulties"....

Decisions
HC and CT and Television New Zealand Ltd - 2010-163
2010-163

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Fair Go – item on sales seminars run by Wenatex which sells beds – sales consultant shown saying in reference to her colleague, “he was in front of a wheelchair” – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 6 (fairness) – complainants were not given an opportunity to respond – unable to determine whether the editing of the footage was unfair as raw footage was destroyed, but still unfair overall – upheld Standard 3 (privacy) – HC was identifiable even though her face was blurred, due to her distinctive accent, clothing, and occupation – no interest in seclusion – public interest – not upheld Standard 5 (accuracy) – raw hidden camera footage unavailable – decline to determine OrdersSection 16(1) – costs to the complainants $8,740 This headnote does not form part of the decision....

Decisions
Newfield and Television New Zealand Ltd - 1996-054
1996-054

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-054 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER NEWFIELD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Free FM Radio
1996-094–095

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-094 Decision No: 1996-095 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALLIED MUTUAL INSURANCE LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

Decisions
Rawson and Television New Zealand Ltd - 1996-138
1996-138

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-138 Dated the 24th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J G RAWSON of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Little and Television New Zealand Ltd - 1997-010
1997-010

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-010 Dated the 13th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALLEN J LITTLE of Levin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Dawkins and Television New Zealand Ltd - 1997-188
1997-188

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-188 Dated the 18th day of December 1997 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 S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Women's Action for Justice and Television New Zealand Ltd - 1997-065
1997-065

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-065 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN'S ACTION FOR JUSTICE of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
McBride and Television New Zealand Ltd - 1997-106
1997-106

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-106 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MICHELLE MCBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
McDonald and Television New Zealand Ltd - 2012-065
2012-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item profiled the complainant, Donald McDonald – introduction referred to some of his previous complaints including “that a One News isobar on the weather map was a subliminal advertisement for the movie Shrek”, and that he “complained to the Wellington City Council that its fireworks displays contained phallic symbols” – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – item did not suggest that all or most of his complaints were unfounded but that Mr McDonald complained “too often about too little” – provided context to complaints and complainant put forward his own perspective – complainant treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of fairness This headnote does not form part of the decision....

Decisions
Robertson and Television New Zealand Ltd - 2011-162
2011-162

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – reported on case of Sean Davison who faced charges for assisting his mother’s suicide – Mr Davison was shown in court and the complainant in his capacity as a Corrections Officer was briefly visible as he walked behind Mr Davison in the dock – allegedly in breach of privacy, fairness and discrimination and denigration standards FindingsStandard 3 (privacy) – complainant was identifiable – item did not disclose any private facts about the complainant – not upheld Standard 6 (fairness) – footage of complainant was extremely brief – information disclosed did not create an unfair impression of the complainant or cause damage to his reputation or dignity – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – nothing in the item encouraged discrimination or denigration against any section of the community – not upheld This headnote…...

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