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Gibbs and Television New Zealand Ltd - 2009-147
2009-147

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Media 7 – discussed the Authority’s decision relating to TV3 investigation Let Us Spray and whether the programme should still have been awarded “investigation of the year” at the Qantas Media Awards – allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration Findings Standard 4 (controversial issues – viewpoints) – programme discussed the Authority’s decision – not a controversial issue of public importance to which the standard applied – appropriate viewpoints were sought and presented – not upheld Standard 5 (accuracy) – most of the comments complained about were clearly opinion – other inaccuracies alleged were not material points of fact to which Standard 5 applied – not upheld Standard 2 (law and order) – broadcast did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – community of Paritutu not a person or organisation…...

Decisions
Gunasekara and Television New Zealand Ltd - 2010-075
2010-075

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on walkout by New Zealand delegation during the Iranian president’s speech at a United Nations nuclear conference – reporter made statements about Iran’s nuclear programme and about a previous walkout during an earlier speech given by the Iranian president – allegedly inaccurate FindingsStandard 5 (accuracy) – statement that “Its reason: it’s for generating electricity” was careless and misleading – upheld – comment that a previous speech by President Ahmadinejad was “racist” was not material to the item – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Tuesday 4 May 2010, reported on the New Zealand delegation’s walkout during the Iranian president’s speech at a United Nations nuclear conference....

Decisions
Heppel-Pukehika and Television New Zealand Ltd - 2009-119
2009-119

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Illegal New Zealand – episode looked at the illegal trading of guns in New Zealand – included footage of the presenter practising target shooting – presenter shown holding a shotgun in firing position – camera briefly tracked in front of the presenter as he held a shotgun in a firing position – allegedly in breach of the law and order standard FindingsStandard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Illegal New Zealand was broadcast on TV2 at 8pm on Thursday 9 July 2009....

Decisions
Gunasekara and Television New Zealand Ltd - 2009-148
2009-148

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on United Nations General Assembly meeting in New York – news correspondent reported that the New Zealand delegation had walked out of the meeting during a speech given by Iranian President Mahmoud Ahmadinejad – correspondent made remarks about the contents of Mr Ahmadinejad’s speech – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – correspondent’s comments about the reasons for the walkout accurately reflected the situation – correspondent’s “mindless hate” comment was clearly opinion – viewers not misled – not upheld Standard 6 (fairness) – Mr Ahmadinejad is a controversial political figure – robust criticism should be expected – not upheld This headnote does not form part of the decision....

Decisions
Harrison and Wong and Television New Zealand Ltd - 2008-101
2008-101

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Unauthorised History of New Zealand – cartoon involving “King Dick” who ejaculated onto the face of a Chinese character – allegedly in breach of good taste and decency. Findings Standard 1 (good taste and decency) – cartoon satirised anti-Asian views of former Prime Minister – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history. In an episode broadcast on TV One at 10. 30pm on 20 July 2008, the programme reviewed past Prime Ministers of New Zealand, including Robert Muldoon and Michael Savage, also mentioning Helen Clark (the then Prime Minister) and John Key (the National Party leader)....

Decisions
Lubbock and Television New Zealand Ltd - 2007-019
2007-019

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on National Party leader John Key's "state of the nation" speech – included responses from community groups and the Prime Minister – allegedly unbalanced FindingsStandard 4 (balance) – reasonable efforts made to present significant viewpoints – 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 30 January 2007, reported on the "state of the nation" speech by National Party leader, John Key. It showed parts of Mr Key's speech and also contained a short excerpt from a speech by the Prime Minister, Helen Clark, in which she disputed Mr Key's assertion that there was a "growing underclass" in New Zealand. [2] The One News political editor commented that Mr Key's speech had not contained "a lot of real concrete solutions"....

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
Mason and Television New Zealand Ltd - 2006-116
2006-116

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a ten-year-old boy who the reporter said was on the waiting list to have “tumours” removed from his body – outlined difficulties the boy’s mother had experienced dealing with his surgeon – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheldStandard 5 (accuracy) – inaccurate to state that the boy had more than one tumour – TVNZ failed to ensure that one of its sources was reliable – programme misled viewers by failing to inform them that surgeon had ensured the boy’s ongoing care – upheldStandard 6 (fairness) – complainant was not given a reasonable opportunity to respond to allegations in the item – upheld Orders Section 13(1)(a) – broadcast statement Section 16(1) – costs to the complainant $6,750 Section 16(4) – costs to…...

Decisions
Robinson and Television New Zealand Ltd - 2005-082
2005-082

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – “The Monster of Berhampore” – case of Wallace Lake who ran the Berhampore Children’s Home – accused of sexually molesting children – police had received 13 complaints and decided to charge Mr Lake before he died – questioned whether Presbyterian Support Services who ran the home had done enough to help complainants – allegedly unbalanced and inconsistent with the maintenance of law and orderFindingsStandard 2 (law and order) – did not encourage viewers to disrespect principles of law – not upheld Standard 4 (balance) – programme discussed controversial issue of public importance – programme did assume Mr Lake’s guilt – TVNZ contacted Mr Lake’s solicitor and family as Mr Lake deceased – they declined to comment – TVNZ made reasonable efforts to get other perspective on allegations – complainant identified no other information or means by which to refute allegations against…...

Decisions
Adfit Membership Services Ltd and Television New Zealand Ltd - 2004-020
2004-020

ComplaintFair Go – comments about complainant which collects membership fees for fitness centres – complaint that item unbalanced, inaccurate and unfair Findings Standard 4 – subsumed under Standard 6 Standard 5 – subsumed under Standard 6 Standard 6 – one aspect of discussion of credit contracts omitted relevant information provided by complainant – unfair – uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] Some of the activities of Adfit Membership Services Ltd, a company which collects membership fees for more than 100 fitness centres, were investigated in an item on Fair Go, broadcast on TV One at 7. 30pm on 10 September 2003. Fair Go is a consumer rights programme which looks at issues from the consumers' perspective....

Decisions
Gibson and Television New Zealand Ltd - 2004-096, 2004-097
2004-096–097

Complaints under section 8(1)(a) of the Broadcasting Act 1989One News – item about an MP who reactivated Dutch citizenship – possible breach of law – MP’s lawyer presented as constitutional specialist and not as legal representative Standard 5 – inaccurate – upheld by broadcaster – role as lawyer since reported in other programme – action considered insufficient Standard 4 – balance – not considered by broadcaster – referred to AuthorityProcess Application by complainant for Discovery – declined Application by complainant for Interlocutory Decision – declinedFindings Standard 4 – item’s focus on possibility of by-election – balanced – not upheld Action Taken – a correction broadcast at the time of error should have occurred – now a year later, no order appropriate – upheldNo OrderThis headnote does not form part of the decision....

Decisions
Wakeman and Television New Zealand Ltd - 2004-154
2004-154

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

Decisions
Mowat and Television New Zealand Ltd - 2004-163
2004-163

Complaint under section 8(1)(a) of the Broadcasting Act 1989Celebrity Treasure Island – question posed to contestant concerning “famous lesbian” – complainant alleged use of word in this context was breach of good taste and decency, privacy, fairness and children’s interests FindingsDeclined to determine – section 11(a) Broadcasting Act 1989 – isolated use of word “lesbian” does not raise issue of broadcasting standards – complaint trivial This headnote does not form part of the decision. Broadcast [1] Celebrity Treasure Island is a show in which New Zealand celebrities are “castaways” on a tropical island and vie for prizes for their nominated charities. [2] In an episode screened on 8 August 2004 at 7:30 pm, one of the contests was a quiz based around a “fishy” theme....

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
Viewers for Television Excellence Inc and Television New Zealand Ltd - 2003-168
2003-168

ComplaintOne News – item about death of Charles Bronson – obituary included film clips – unsuitable for children at that hour – violent FindingsStandard 9 – context – no uphold Standard 10 – care and discretion exercised – no uphold This headnote does not form part of the decision. Summary [1] The death of actor Charles Bronson was the subject of an item broadcast on One News, beginning at 6. 00pm on 1 September 2003. During the item, brief clips from some of the films in which the actor had appeared in were shown, including a scene where one character is shot by another. [2] Viewers for Television Excellence Inc (VOTE) complained to Television New Zealand Ltd, the broadcaster, that it was unacceptable to broadcast such a violent item during the news hour, and that the item was unsuitable for children....

Decisions
James and Television New Zealand Ltd - 2002-015
2002-015

ComplaintFamily Health Diary – item broadcast during One News – included comment that high blood cholesterol was a risk factor in heart disease – followed by claim that a product called "Logicol" could reduce cholesterol absorption – medical information – unbalanced and inaccurate FindingsFamily Health Diary is advertising programme – decline to determine This headnote does not form part of the decision. Summary [1] A promotion for the product "Logicol" was included in the "Family Health Diary" broadcast on TV One during One News between 6. 00–7. 00pm on 27 September 2001. [2] Mr James complained to Television New Zealand Ltd, the broadcaster, that the item included medical information which was unbalanced and inaccurate. [3] As TVNZ said that the "Family Health Diary" was an advertising programme put together by Brand World, it referred the complaint to the Advertising Standards Complaints Board for determination....

Decisions
Powell and Television New Zealand Ltd - 2002-153
2002-153

ComplaintOne News – item reported Government to pay defence bill for depositions hearing of private prosecution of police officer charged with murder – featured as unusual event whereas complainant claimed that it was standard practice – not consistent with legal principles – unbalanced – inaccurate – unfair FindingsStandards 2, 4, 5, and 6 – news selection issue – not broadcasting standards matter – no uphold This headnote does not form part of the decision. Summary [1] The Government’s decision to pay the defence costs at the depositions hearing of the private prosecution of Constable Abbott for the murder of Stephen Wallace was reported as a "bolt from the blue" in an item on One News on Saturday 15 June 2002. One News is broadcast daily on TV One between 6. 00–7. 00pm....

Decisions
Lawton and Television New Zealand Ltd - 2002-192
2002-192

ComplaintSunday – Hormone Replacement Therapy (HRT) – results of Women’s Health Initiative reported (WHI) – complainant participated in item as representative of WISDOM – item included minimal scientific facts – potentially frightening – confusing – unbalanced FindingsStandard 4 – purpose of item to pose questions about use of HRT – no uphold Standard 5 – while further information would have been useful, material presented not inaccurate – no uphold Standard 6 – complainant’s views advanced – no uphold This headnote does not form part of the decision. Summary [1] The potential health risks of Hormone Replacement Therapy (HRT) were examined during an item broadcast on Sunday on TV One at 7. 30pm on 4 August 2002....

Decisions
Phillips, on behalf of the Heperi family, and Television New Zealand Ltd - 2001-018
2001-018

ComplaintAssignment – documentary about child abuse – archival footage of Heperi family used – permission not sought – unfair – breach of privacy FindingsStandard G4 – disturbing and upsetting, but not unfair – no suggestion of link to child abuse – use of footage ethically questionable – broadcasters to take special care – no uphold Privacy – deceased person not an "individual" within meaning of the Act – other family members do not meet identification threshold – no uphold This headnote does not form part of the decision. Summary A documentary on TV One’s Assignment programme, broadcast on 2 November 2000 at 8. 30pm, endeavoured to identify the root causes of child abuse and violence in the Maori community....

Decisions
Low and Television New Zealand Ltd - 2001-048
2001-048

Complaint60 Minutes – Dover Samuels – Police investigation found insufficient evidence to prosecute – inaccurate to state he was "cleared" of the charges FindingsStandard G1 – inaccurate use of the word "cleared’ – does not mean "insufficient evidence" – uphold No Order This headnote does not form part of the decision. Summary A 60 Minutes item, broadcast on 17 December 2000 on TV One at 7. 35pm, looked into allegations made against Dover Samuels MP, which had been forwarded to the Police by the Prime Minister. Near the end of the item, the reporter stated that Mr Samuels had been "cleared" of previous allegations investigated by the Police. Peter Low complained to Television New Zealand Ltd, the broadcaster, that TV One had been inaccurate in using the word "cleared". Mr Low explained that the Police had used the term "insufficient evidence"....

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