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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – item reported on Labour MP Shane Jones throwing a “Lazarus party” to mark his return to the front bench – presenter commented, “Leaving aside anything about resurrections and dodgy movies in hotels, Shane Jones is actually known for referring to himself in the third person” – presenter’s comment allegedly in breach of good taste and decency, and discrimination and denigration standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration) – presenter did not make any reference to Christ and nothing in the broadcast would have offended or distressed viewers, or encouraged discrimination or denigration against Christians as a section of the community – not upheld This headnote does not form part of the decision....

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

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a discussion on Breakfast, about controversial comments made by Israel Folau, was in breach of the balance broadcasting standard. During the discussion, weather reporter, Matty McLean, gave his opinion on the comments, saying that he found them to be harmful. The Authority recognised that Mr Folau’s comments sparked ongoing public debate about the right to freedom of expression and harm. The discussion on Breakfast therefore amounted to discussion of a controversial issue of public importance under the standard. However, the Authority considered Mr McLean was clearly expressing his opinion on the issue and was entitled to do so, given Breakfast’s well-established programme format which includes the hosts expressing their views on current events....

The Authority did not uphold a complaint that a segment on Breakfast where John Campbell interviewed technology commentator Paul Brislen about the alleged potential health effects of the rollout of the 5G cellular network breached the balance and accuracy standards. The Authority found that, considering the clear perspective of the broadcast and the ongoing media coverage of the 5G rollout, audiences had sufficient information to enable them to make reasoned decisions about 5G. The Authority noted that it was not its role to determine the scientific accuracy of Mr Brislen’s statements and ultimately found that TVNZ made reasonable efforts to ensure their accuracy. Not Upheld: Balance, Accuracy...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an item on 1 News, which reported on a recent win and the increasing success of the Black Ferns rugby team. The complainant alleged the item was inaccurate and misleading as the number of attendees at the game was incorrectly reported. The Authority found that while the number of attendees was stated incorrectly, this was immaterial to the focus of the item which was the Black Ferns’ win and growing success, and unlikely to affect the audience’s understanding of the programme as a whole. Not Upheld: AccuracyThe broadcast[1] A 1 News item reported on a Black Ferns game, specifically their win over the Wallaroos (the Australian women’s national rugby union team) for the Laurie O’Reilly Memorial Trophy....

Summary [This summary does not form part of the decision. ]During One News weather reports, wind speeds were referred to verbally as ‘ks’ and ‘kilometres per hour’ and appeared in onscreen graphics as ‘km’ and ‘km/h’. The Authority did not uphold the complaint that the reports were inaccurate. While the use of inconsistent terms was sloppy, it was obvious to viewers in the context of weather reports that these were references to wind speeds and not to any other unit of measurement, so viewers were not misled. Not Upheld: Accuracy Introduction[1] During One News weather reports, wind speeds were referred to verbally as ‘ks’ and ‘kilometres per hour’ and appeared in onscreen graphics as ‘km’ and ‘km/h’. The reports were broadcast on 14 and 15 October 2013 on TV ONE....

Summary[This summary does not form part of the decision. ]Various items on Breakfast featured a weather reporter providing weather forecasts from Airbnb accommodation, as part of a competition for viewers to win Airbnb vouchers. During the items, the reporter interviewed three New Zealanders who rented out their accommodation through Airbnb, as well as an Airbnb representative, about the service. The Authority did not uphold a complaint that these items failed to cover key information about Airbnb, resulting in inaccurate and unbalanced broadcasts that were also in breach of the law and order standard. The items were in the nature of advertorials, being programme content that was not news, current affairs, or factual programming to which the accuracy and balance standards applied....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News– teaser for upcoming item on knife crime – contained footage of carving knife and man simulating stabbing motion – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – images used to illustrate story on knife crime – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] One News, broadcast on TV One at 6. 00pm on 5 July 2010, contained a brief eight-second teaser for an upcoming item on proposed legislative changes to reduce knife crime in New Zealand. In the teaser the news reader stated: Cutting down on knife crime – tough new measures that’ll make it harder for young people to buy them over the counter....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on proposed brothel aimed at women – contained interview with owner – promo shown during One News – both item and promo allegedly in breach of good taste and decency, controversial issues, responsible programming, and children’s interestsFindingsStandard 1 (good taste and decency) – promo and item covered legitimate story – neither broadcast contained visuals of brothels or sex workers – contextual factors – not upheld Standard 4 (controversial issues) – focus of promo and item was Ms Corkery – neither contained a discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcasts [1] A promo for Close Up was broadcast during an episode of One News on TV One at 6. 25pm on Monday 16 August 2010....

Download a PDF of Decision No. 1993-001:Sharp and Television New Zealand Ltd - 1993-001 PDF (374. 35 KB)...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that two sex scenes in Nip/Tuck were too explicit for free-to-air television and breached standards of good taste and decency. One of the scenes included a threesome involving one of the lead characters. The viewer also complained about the use of offensive language during another scene in which a "phone sex artist" discussed throat surgery with her doctor. The Broadcaster’s ResponseTVNZ argued that the scenes were acceptable in the context of an AO-rated programme screening at 9. 30pm with a warning for adult sexual material. The broadcaster said the sex scenes were important to the development of the storyline, did not contain any explicit nudity, and were not pornographic. The Authority’s DecisionAs well as the contextual factors noted above (the programme's AO classification, the warning about sexual content, the 9....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – item discussing the noise levels at a speedway in Auckland – showed the names of those who had presented a petition to the Environment Court – allegedly in breach of law and order, privacy, balance and fairnessFindings Standard 2 (law and order) – nothing inconsistent with the maintenance of law and order – no incitement to disorderly acts – not upheld Standard 3 (privacy) – signatures on a petition not private facts – not upheld Standard 4 (balance) – controversial issue – perspectives of both sides solicited in a balanced manner – not upheld Standard 6 (fairness) – subsumedThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Dancing with the Stars – remarks made by hosts considered offensive and blasphemous – allegedly in breach of standards relating to good taste and decencyFindingsStandard 1 (good taste and decency) – comments mild and light hearted – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast Dancing with the Stars on 19 June 2005 at 8. 30pm. The two hour special was the finale of an ongoing ballroom dancing competition which partnered New Zealand celebrities with professional dancers. The show was hosted by a female dancer and a well known male television personality. [2] At one point in the show, the male host made a remark about a performance, commenting “on a Sunday too! ”, followed by “Hail Mary!...

ComplaintHow’s Life? – one panellist said to have encouraged people aged 13–14 years to have sex and to ignore parents and the law – complaint that comments offensive and unfair to children. Findings Panellist said questioners were responsible in seeking advice – did not encourage lawbreaking – suggested seeking parental advice – other panellists said that questioners should not have sex Standard 1 – not upheld Standard 2 – not upheld Standard 9 – 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 and repeated at 9. 00 the following morning, featured a panel of local celebrities who answered questions about human relationships submitted by viewers. The programme broadcast at 9. 00am on 29 September 2003 considered a question from two young teenagers who asked whether they should have sex....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Secret New Zealand – described the investigation into DC10 crash into Mt Erebus in 1979 as the “biggest cover-up” in aviation history – inaccurate – unbalanced – unfair Findings Standard 4 –- no imbalance in regard to the comments made about the complainant’s investigation – no uphold Standard 5 – no factual errors – no uphold Standard 6 – no unfairness to the complainant – no uphold This headnote does not form part of the decision Summary [1] The whereabouts of pages from the captain’s ring-binder notebook was investigated in an episode of Secret New Zealand which looked at the Air New Zealand DC 10 crash on Mt Erebus in Antarctica in 1979. Secret New Zealand is a series which highlights mysterious or unresolved aspects of New Zealand history and the episode complained about was broadcast on TV One at 8....

ComplaintOne News – Australian Governor-General – alleged cover-up of sexual abuse – Merepeka Raukawa-Tait interviewed – suggested Australians were hypocritical as their silence may have contributed to abuse – unbalanced – unfair – inaccurate FindingsStandard 4 and Guideline 4a – item balanced about matter of Governor-General’s tenure – no uphold Standard 5 – item accurate – no uphold Standard 6 and Guideline 6g – no evidence of denigration – no uphold This headnote does not form part of the decision. Summary [1] Controversy over the allegations that the Australian Governor-General, Dr Peter Hollingworth, had covered up sex abuse cases when Archbishop of Brisbane was dealt with in an item on One News, broadcast at 6. 00pm on 22 February 2002. The Chief Executive of Women’s Refuge in New Zealand, Merepeka Raukawa-Tait, when interviewed, suggested that the criticism directed at Dr Hollingworth was hypocritical....

An appeal against the decision was dismissed in the High Court but the order for costs was quashed: CIV 2011-485-1836 PDF110. 08 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reporter stated that supernova was “240 light years from Earth” – allegedly inaccurateFindingsStandard 5 (accuracy) – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989OrdersSection 16(1) – $50 costs to broadcasterThis headnote does not form part of the decision. Broadcast[1] An item on One News, broadcast on TV One at 6pm on 6 January 2011, reported on the discovery of a supernova by a 10-year-old Canadian girl. During the item the reporter stated: The Canadian Astronomical Society says Kathryn’s supernova was in a galaxy 240 light years from Earth....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 TVNZ News – stated that “your odds” of being hit by a piece of satellite were 1 in 3,200 – allegedly inaccurate Findings Standard 5 (accuracy) – item was inaccurate in stating that “your odds of being hit by a piece of this satellite. . . [were] 1 in 3,200” because they were the odds of anyone getting hit – misleading to then compare those odds and imply it was more likely than being in a car accident – however broadcaster could have expected to rely on reputable news agency and figures supplied by NASA – effect of inaccuracy not so serious as to outweigh the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

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…...