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Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – item on New Zealand fruit exports to Australia – interviewee said “Who is the World Trade Organisation? They are all Pakeha” – allegedly denigratory of PakehaFindingsStandard 6 (fairness) and Guideline 6g (denigration) – comment more expression of frustration at lack of Māori input to finding a solution – not intended to be denigratory of Pakeha – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast Te Karere on 24 June at 6am. Te Karere contained an item about the continuing opposition from Australia to New Zealand apple imports. The item included an interview with Mr Maanu Paul, a kiwifruit grower from Whakatane....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-031 Dated the 10th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER JACKSON of Kaitaia Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-123 Decision No: 1997-124 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by R J A MILLER of Invercargill and L SMITH of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that the average difference between men’s and women’s weekly pay was 31 percent – allegedly in breach of accuracy FindingsStandard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 14 December 2009, examined the issue of gender pay equity in New Zealand. The reporter interviewed a pay equity expert, who stated that “the gender pay gap here in New Zealand is actually wider than most people think. The average difference between men’s and women’s weekly pay is 31% this year....

This decision was successfully appealed in the High Court: CIV 2004-485-1299 PDF930. 17 KB Complaint under s. 8(1)(c) of the Broadcasting Act 1989 One News and Late Edition – item about a Medical Practitioners Disciplinary Tribunal hearing – complainant gave evidence – name suppressed – complained that she was identifiable from audio of voice and visual of part of her body – item included complainant’s occupation – alleged breach of privacyFindings Standard 3 (privacy) – complainant identifiable because job description given together with visuals and audio – name suppression order given by court or tribunal not in itself grounds for privacy complaint – name suppression in this case given to all witnesses to ensure that they could continue to function effectively as Board employees – disclosure of B A’s role as witness in these circumstances highly offensive – upheldOrder Compensation to the complainant of $1500 under s....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes promo broadcast during One News – interview with crime novelist – said “I’m going to tell you about how to commit the perfect murder” – allegedly in breach of law and orderFindingsStandard 2 (law and order) – promo consistent with law and order – no glamorisation of crime – crime novelist promoting her work – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the Holmes show aired on TV One at 6. 20pm on 27 October 2004. The presenter announced that he would be interviewing Tara Moss, a former model and “Australia’s number one crime writer”. The author was then shown to say: Join me tonight…on the Holmes show, and I’m going to tell you about how to commit the perfect murder....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Distraction – British comedy quiz show – contained conversations of a sexual nature and coarse language – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Distraction, a British comedy quiz programme in which the utmost is done to distract contestants from the task at hand, was broadcast on TV2 at 10pm on 25 January 2008. The episode included conversations of a sexual nature, which came about by the host asking questions of the four contestants and then commenting on their answers. [2] An example of one such exchange was as follows: Host: (asking one of the three female contestants) Who out of Sharon and Sue has had sex with their partner’s big toe?...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-011 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by YVONNE LENNON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back Benches – Mt Albert by-election special – programme featured candidates from Labour, National, Green, ACT and United Future – candidates campaigned for votes and addressed various issues facing the electorate – allegedly in breach of balance and fairness standards FindingsStandard 4 (balance) – programme discussed controversial issues of public importance – criteria used by broadcaster to select participants was justifiable – a variety of significant viewpoints was presented – not upheld Standard 6 (fairness) – ALCP did not take part and was not referred to – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Back Benches was broadcast on TVNZ 7 at 9pm on Friday 10 June 2009....

An appeal by Kevin Hackwell against this decision was dismissed in the High Court: AP 212/00 PDF656. 76 KBComplaintAssignment – government defence policy – anti-government – unbalancedFindingsStandard G6 – appropriate to consider implications of defence policy – not unbalanced – majority no upholdStandard G19 – not applicable – no upholdThis headnote does not form part of the decision. SummaryAn Assignment programme which examined government policy on defence matters was broadcast on TV One on 4 May 2000 at 8. 30pm. John Urlich and Kevin Hackwell both complained to Television New Zealand Ltd, the broadcaster, about the programme. Mr Urlich complained that it was unbalanced and anti-government. He identified a number of instances which he said demonstrated the item’s bias. Mr Hackwell complained that the programme had advocated strongly for the status quo, without providing the balancing argument for a change to a more specialised defence capability....

Complaint Motorway Patrol – complainant convicted of offences arising from accident – incident highly dramatised – complainant’s identity disclosed – breach of privacyFindingsSection 4(1)(c) – Privacy Principles applied:Principle i – no private facts disclosed – no uphold Principle iii – no unnecessary intrusion – no uphold This headnote does not form part of the decision. Summary [1] Motorway Patrol was broadcast weekly on TV2 at 8. 00pm on Tuesday evenings. Part of the episode on 28 August, and the entire episode on 4 September 2001, described the police investigation into a fatal motorway crash which resulted in the complainant pleading guilty to serious driving offences and being sentenced to imprisonment. [2] Through his solicitor, the complainant complained to the Broadcasting Standards Authority under s....

SummaryReferences to sexual activity were made in an episode of Dharma and Greg broadcast on TV2 on 4 November 1998 at 7. 30pm. Two different couples were said to have had sex in a public place. Mr Davies complained to Television New Zealand Ltd, the broadcaster, that such explicit programme content was unsuitable for broadcast before 8. 30pm. He lamented a decline in standards which he noted had occurred in recent years, and sought to have all references to sex excluded from any PGR programme. At the outset, TVNZ noted that no sexual activity was shown in the programme, but was only implied in the action and dialogue. It acknowledged that the programme was more suited to adult audiences, but did not accept that it was unsuitable for children who were watching under the guidance of an adult....

Summary The re-capture of escaped prisoner Jeffrey Michael Bullock was dealt with in an item on One Network News broadcast at 6. 00pm on 14 June 1999. Mr Bullock, a convicted murderer, was re-captured after six years on the run, and the item included an interview with his father and ten year-old son. JJ, the mother of the ten year-old boy, complained directly to the Broadcasting Standards Authority under s. 4(1)(c) of the Broadcasting Act 1989, that the broadcast had breached her son’s privacy. She had not given her consent to the interview, she said, and she advised that she would have objected strongly had she been asked. She described TVNZ’s actions as inexcusable. Pointing out that the boy had been visiting his grandfather, and that both the grandfather and the boy had consented fully to the interview, TVNZ did not consider that the broadcast breached the boy’s privacy....

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 1989Close Up – item about two young people training for the priesthood at a seminary on Ponsonby Road – reporter used phrases “big boss” and “big guy” when referring to God and said “helluva” – allegedly in breach of good taste and decency and denigratory FindingsStandard 1 (good taste and decency) – context – not upheld Standard 6 and guideline 6g (denigration) – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision....

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

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!...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-165 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – coverage of the Makara cemetery desecration – graphic beside the news presenter showed the internationally recognised anarchist symbol – inaccurate, unfair and unbalanced – complaint upheld by broadcaster – action taken allegedly insufficient Findings Action taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 6 August 2004 dealt with the desecration of Jewish graves in Wellington. [2] The graphic beside the news presenter during the introduction to this item showed the internationally recognised anarchist symbol. [3] There was no suggestion during the news broadcast, other than the graphic, that the anarchist movement was involved in this incident....

Joanne Morris, Chair of the Authority, declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about a report which disclosed internal fraud at the Immigration Service – allegedly unbalanced and misleading Findings Standard 4 (balance) – balance of perspectives aired – not upheld Standard 5 (accuracy) – no inaccuracies – not misleading – not upheld Standard 6 (fairness) – not part of original complaint – no jurisdiction to determine This headnote does not form part of the decision. Broadcast [1] The lead item on One News broadcast on TV One at 6. 00pm on 8 April 2004, concerned a report that reviewed the Immigration Service’s processes when dealing with investigations into allegations of internal corruption....