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ComplaintHolmes – interview with man about unproven sexual abuse when a child in the Order of St John of God – man paid $30,000 by Order on condition of confidentiality – unbalanced – unfair to Order FindingsStandards 4 and 6 – item made clear that the man’s views had been contested by Brother and there was no court case – Church spokesperson given reasonable opportunity to challenge his account – did not do so – man’s credibility left to viewer to assess – not unfair – not unbalanced – no uphold This headnote does not form part of the decision. Summary [1] "Patrick" was interviewed in an item on Holmes broadcast on TV One at 7. 00pm on 19 June 2002....

ComplaintOne News – interview with golfer Michael Campbell – liquor signage on backdrop – incidental promotion not minimised – upheld by TVNZ – a breach of standard A3 – staff reminded of responsibilities – action insufficient FindingsActon taken sufficient This headnote does not form part of the decision. Summary Golfer Michael Campbell was interviewed on One News, broadcast on TV One on 16 January 2001, about his participation in the forthcoming New Zealand open golfing championship. The work "Steinlager" was clearly visible on the backdrop behind him. GALA’s Complaints Secretary (Cliff Turner) complained to Television New Zealand Ltd, the broadcaster, that the signage breached the standard which required that incidental liquor promotions be minimised. TVNZ upheld the complaint. It acknowledged that a different camera angle could have been used. It advised that sports staff had been fully reminded of their responsibilities under the Promotion of Liquor Code....

ComplaintHolmes – canal development in Whitianga – ministerial order to start again the consents process – angry reaction among residents – no comment from Minister – unbalanced FindingsStandard G6 – balance achieved throughout item – no uphold This headnote does not form part of the decision. Summary The angry reaction in Whitianga to the Conversation Minister’s order to consider again aspects of the consents process for the proposed canal development in the town, was covered in an item on Holmes broadcast on TV One at 7. 00pm on 16 May 2001. Dorothy Stafford complained to Television New Zealand Ltd, the broadcaster, that as the purpose of the item was to condemn the delay, it had suggested that the project had been terminated and had given only cursory treatment of the legal reasons that required the Minister to take action. Accordingly, she wrote, the item was unbalanced....

Summary A reduction in unemployment levels was illustrated by use of a graph in a news item broadcast on One Network News on 4 November 1999 between 6. 00–7. 00pm. Mr Kammler complained to Television New Zealand Ltd, the broadcaster, that the visual message of the graph was distorted because the vertical axis had not started at zero. As a result, he said, the decline in the unemployment level appeared to be greater than it actually was. In his view the item had not reflected the truth. TVNZ acknowledged Mr Kammler’s argument, but said it was necessary to see the graph in its television context, where its function was to convey a stylistic indication of a trend, rather than being very specific information – such as in a written text – which could be referred back to later....

ComplaintHolmes – offensive language – presenter said "bugger the international media" – America’s Cup context FindingsStandard G2 – "bugger" not acceptable for common usage, but acceptable in context – no uphold This headnote does not form part of the decision. Summary During an item about the America’s Cup on Holmes on TV One at 7. 00pm on 21 February 2000, the presenter said "bugger the international media". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the word "bugger" breached broadcasting standards which require the observance of good taste and decency. TVNZ responded that, in the context of a highly charged America’s Cup campaign, the use of the word "bugger" did not breach broadcasting standards. It did not accept that its use carried the suggestion that the word was now acceptable for common usage. It declined to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Extreme Male Beauty – reality series about a journalist trying to achieve the perfect male body contained male nudity including genitalia – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – nudity was matter-of-fact and not designed to titillate – consistent with AO classification and 9. 30pm time of broadcast – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Extreme Male Beauty, a reality series following a journalist and his journey to have the perfect male body, was broadcast on TV One at 9. 30pm on Wednesday 15 September 2010....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Inspectors – Environmental Health Officer carried out routine spot check at fish and chip shop in Dunedin – made adverse comments about the state of the premises and delivered a food certificate downgrade from a ‘B’ to a ‘D’ – showed footage of business and of the shop owner with his face pixelated – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 3 (privacy) – shop owner had an interest in seclusion in the back part of his shop – camera crew’s actions amounted to an intrusion in the nature of prying because any consent given was not informed and did not extend to the broadcast of the footage three years after filming – intrusion highly offensive – there was a high level of public interest in the footage at the time of filming but not three years later –…...

Download a PDF of Decision No. 1993-082:Edwards and Television New Zealand Ltd - 1993-082 PDF1. 41 MB...

Download a PDF of Decision No. 1992-024:Sharp and Television New Zealand Ltd - 1992-024 PDF337. 02 KB...

Download a PDF of Decision No. 1991-003:King and Television New Zealand Ltd - 1991-003 PDF277. 03 KB...

Download a PDF of Decision No. 1990-023:Flook (on behalf of the New Zealand National Party) and Television New Zealand Ltd - 1990-023 PDF401. 58 KB...

Summary[This summary does not form part of the decision. ]An episode of Dog Squad featured footage taken at a named international airport in New Zealand, during which a Ministry for Primary Industries detector dog found an apple in a couple’s bag. PN, a Quarantine Officer, was shown questioning the couple about the apple and issuing them with a fine. The faces of PN and the couple, and PN’s identity tag, were blurred and PN was not named. The Authority did not uphold a complaint that the segment breached PN’s privacy. While it found that, despite the blurring, PN was identifiable in the broadcast, it did not consider that any private information was disclosed during the segment....

The Authority did not uphold a complaint that the use of the term ‘synthetic cannabis’ in a 1 News segment that reported on these products and their likely link to a number of deaths breached the accuracy or programme information standards. The Authority cited a recent decision where it found that while these products do not contain actual cannabis, the term ‘synthetic cannabis’ is commonly used to describe them and is unlikely to mislead viewers. Therefore, the Authority did not consider it likely viewers would be significantly misinformed by its use in this broadcast. The Authority also did not identify any breaches of the programme information standard. Not Upheld: Accuracy, Programme Information...

The Authority did not uphold a complaint that a Seven Sharp item referring to Wilson Parking breached the accuracy and fairness standards. The item covered a dispute between a carpark customer and Wilson Parking. A Fair Go consumer advocate also provided general advice to people about their rights in relation to parking fines. In the context of providing general information to viewers from a consumer advocacy perspective, the advice did not breach the accuracy standard. The Authority also found the broadcast did not breach the fairness standard. It noted that Wilson Parking had been given an opportunity to comment on the specific customer’s situation and, as a multinational company, could reasonably have been expected to be aware that the programme would use the specific situation to discuss the company’s wider operations. It could have expanded the statement provided to the broadcaster.   Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint under the accuracy standard regarding a 1 News report that ‘thousands have again protested outside the White House against the recent Supreme Court decision to scrap the constitutional right to abortion’. The complaint was that the United States constitution does not include the right to abortion. The Authority found the item was not inaccurate in this respect, as a previous Supreme Court decision (Roe v. Wade) had interpreted the US Constitution as conferring a right to abortion. Not upheld: Accuracy...

A 1 News item reported on studies showing an increase in emperor penguin numbers in the Antarctic, followed by ‘a word of caution’ about the danger posed to the penguin population by climate change. The Authority did not uphold a complaint that the second part of the piece, which included a forecast that the global population of emperor penguins could decrease by half by the end of this century, was based on ‘unproven science’. Considering, in particular, the subject matter, language and manner of presentation, the Authority found viewers were likely to interpret the comments and predictions as analysis or opinion to which the accuracy standard does not apply. Given the wide social acceptance of the existence and predicted impacts of climate change, the Authority did not consider the item discussed a ‘controversial issue’. Therefore the balance standard and the requirement to present alternative viewpoints did not apply....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the trial of Colin Mitchell, who was found guilty of the kidnapping and sexually motivated attack of a young woman. During the item, the reporter stated: ‘DNA evidence from [Mr Mitchell’s] toothbrush matched that found on and inside the pair of gloves left at the quarry; 800,000 million times more likely to have come from Mitchell than anyone else’ [our emphasis]. The Authority declined to determine a complaint that the reporter’s statement was inaccurate because it did not take into account the possibility that Mr Mitchell had an identical twin, or that DNA evidence could have been falsified or planted. The Authority found the complaint was frivolous and trivial....

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenter held a highlighter to his nose and sniffed it – commented that highlighters are not as good as permanent markers for sniffing – allegedly in breach of law and order and children’s interests standards Findings Standard 2 (law and order) – sniffing permanent markers is not illegal – comments intended to be humorous – not upheld Standard 9 (children’s interests) – children unlikely to be watching Breakfast and not likely to be disturbed or alarmed – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One on Thursday 10 April 2008, the following discussion took place between the programme’s presenters Paul Henry and Pippa Wetzell at approximately 8. 05am: Paul: What did we do before highlighters? They are so cool. . ....