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An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Question of Justice – documentary examining the ongoing controversy surrounding the conviction of David Bain for the murders of five family members – included police video, photographs of the crime scene, and re-enactments of the murders – allegedly unfair and in breach of the violence standardFindingsStandard 6 (fairness) – programme explored all different perspectives – not unfair to David Bain – not upheld Standard 10 (violence) – murder scenes not gratuitous – not upheldThis headnote does not form part of the decision. Broadcast [1] A Question of Justice, broadcast on TV One at 8. 30pm on 12 May 2005, examined the ongoing controversy surrounding the conviction of David Bain for the murders of five family members. The programme included police video and photographs of the crime scene, plus re-enactments of the murders and other scenes....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 DNZ: Speed Thrills – documentary included footage of young male drivers exceeding speed limit – allegedly encouraged law breaking and glamorised speedingFindings Standard 2 (law and order) and Guidelines 2a, 2b and 2c – did not glamorise, condone or encourage speeding – not upheld This headnote does not form part of the decision. Broadcast [1] The programme DNZ: Speed Thrills was broadcast on TV One on 15 March 2004 at 8. 35pm. It included footage of two young men driving at night in excess of the speed limit. Complaint [2] Alexander Johnston complained to Television New Zealand Ltd, the broadcaster, that the young men were exceeding the speed limit by “considerable margins” and that TVNZ staff must have encouraged them to do so. Otherwise, Mr Johnston wrote, it would have been pointless to have installed cameras in their cars....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item on New Zealand’s poor record of child abuse – recited list of recent cases of abuse and murder – presenter referred to “father” as perpetrator – allegedly inaccurate and unbalanced Findings Principle 4 (balance) – balance aspect of complaint more appropriately dealt with under Principle 5 (accuracy) – statements of fact rather than particular perspective or opinion – not upheld Principle 5 (accuracy) – item later clarified that perpetrators often male figure other than natural father – overall item not inaccurate – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Holmes, broadcast on TV One on 30 June 2004, concerned New Zealand’s record of child murder and abuse....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – item about the delay in election results from the Wellington local body elections – reporter described the Single Transferable Voting (STV) system as “discredited” – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – focus of item not on STV system – no balance required on STV issue – not upheld Standard 5 (accuracy) – in light of focus of item, word “discredited” referred to administration of STV system, not system itself – sufficient basis for reporter to use word accurately in this context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Tonight on TV One at around 10. 35pm on 20 October 2004 reported that, twelve days after the local body election, the final vote for the Wellington City Council had been announced....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Shortland Street – contained a scene in which a character dreamed about a sexual encounter – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – programme was classified PGR – no nudity – broadcaster was mindful of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Shortland Street, broadcast at 7pm on 31 May 2007, a scene showed two of the main characters, Maia and Mark, involved in a sexual encounter. The scene contained head-and-shoulder shots of both characters apparently having sex. The scene ended eight seconds later with the character Maia waking up and realising that the sexual encounter with Mark was just a dream....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item mentioned Charlotte Dawson a number of times – allegedly unbalanced, inaccurate and unfairFindings Decline to determine complaint under s. 11(a) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch broadcast on TV2 on 8 November 2005 at 10pm contained a segment called “Save our Stars”, in which an actor went around the streets of Auckland collecting donations for various television presenters currently working for Prime Television. Correspondence [2] Graham Wolf complained to Television New Zealand Ltd, the broadcaster, about the number of times Charlotte Dawson, a local celebrity, was mentioned in the programme. He argued that she had been referred to at least 11 times in the last 10 minutes of the episode, and submitted that Standards 4, 5 and 6 had been breached....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Horace in Slow Motion – showed cartoon pig ‘picking his nose and eating it’ – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – typical children’s humour – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] Horace in Slow Motion, a 45-second cartoon about Horace the pig, showed Horace ‘picking his nose and eating it’. The footage was accompanied by audio of children saying, “Ewww, you’re gross, Horace. ” The short programme was classified G (General) and broadcast at 5pm on Tuesday 18 June 2013 on TV2. [2] Jason Walker made a formal complaint to Television New Zealand Ltd, the broadcaster, alleging that it was “unacceptable [in] today’s society to pick you[r] nose and eat it”....

Download a PDF of Decision No. 1993-051:Pownall and Television New Zealand Ltd - 1993-051 PDF483. 04 KB...

Download a PDF of Decision No. 1993-132:Timms and Television New Zealand Ltd - 1993-132 PDF573. 13 KB...

Summary [This summary does not form part of the decision. ] An item on Seven Sharp featured the story of a terminally ill woman who is a long-standing voluntary euthanasia campaigner. The item also discussed the history of attempts to legalise voluntary euthanasia in New Zealand and overseas. The Authority upheld a complaint that the item lacked balance. The item did not solely approach voluntary euthanasia from the personal perspective of the interviewee. It included a wider discussion of the voluntary euthanasia debate and law reform that triggered the requirement for presentation of alternative views, which were not presented within the programme or within the period of current interest. Upheld: Controversial Issues No Order  Introduction [1] An item on Seven Sharp featured the story of a terminally ill woman who has been a voluntary euthanasia campaigner for the last two decades....

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of the dairy industry in the Waikato region. The Authority did not uphold a complaint that the item was an unbalanced and inaccurate depiction of dairy farming, and breached a number of other broadcasting standards. The Authority found the item was sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. The item was not inaccurate or misleading in the ways alleged by the complainant; rather, it focused on instances of bad practice within the dairy industry and did not suggest these were commonplace. Furthermore, the item did not breach the privacy of a local farming family, as they were not identifiable or otherwise referred to in the footage....

Summary[This summary does not form part of the decision. ]An episode of the documentary series, The Hard Stuff with Nigel Latta, titled ‘The New New Zealand’, focused on the topic of immigration. The episode looked at common perceptions of immigration in New Zealand and featured interviews with the Chief Executive of Immigration New Zealand, an immigration consultant, two academic consultants and the Chief Economist at Business and Economic Research Limited (BERL), as well as a number of immigrants to New Zealand from China, India and the UK. The Authority did not uphold a complaint that alternative points of view were omitted from the item. This episode of The Hard Stuff carried high public interest and had high value in terms of the exercise of freedom of expression....

A 1 News item reported on the confessions of a man identified as America’s most prolific serial killer, Samuel Little. The Authority did not uphold complaints that the inclusion of a statement by the man breached the good taste and decency, children’s interests and violence standards. The Authority determined that the content was justified by context and in the public interest. The Authority acknowledged the high value in news and current affairs reporting and noted that the introduction to the item (which included reference to a ‘chilling’ police interview) was adequate to inform viewers of the nature of the coverage enabling them to adequately protect themselves and their children from the content by choosing not to watch....

Warning: This decision contains language and themes that some readers may find offensive. Summary[This summary does not form part of the decision. ]National Treasure is a four-episode fictional mini-series telling the story of a famous comedian’s life falling into chaos following allegations against him of historical sexual abuse. The Authority did not uphold a complaint that the use of the word ‘fuck’ in the first two episodes, or a conversation about oral sex in the first episode, breached the good taste and decency or children’s interests standards. The Authority acknowledged that some viewers may find this content challenging or offensive....

ComplaintOne News– interview with Chief Ombudsman about tax-payer funded sex-change operation where health bureaucracy acted unfairly – incorrect impression portrayed of Ombudsman’s decision, contrary to agreement before interview – field tape sought to assist preparation of complaint – Broadcasting Act s. 12 Order: Order made to release field tape to complainant This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background An item on One News on 23 November 2000 reported on the case of Joanne Procter who was seeking a taxpayer-funded sex change operation. Her application had been approved by doctors at Waikato Hospital, but that decision had been overruled by the Health Funding Authority. She had taken her case to the Ombudsman, and the Chief Ombudsman had ruled that she had been treated unfairly by the health bureaucracy. A brief comment from the Chief Ombudsman was included in the item....

The Authority has not upheld a complaint that the use of exclamations including ‘oh my God’, ‘holy crap’ and ‘bloody’ in an episode of House Rules, broadcast at 7. 30pm, breached the good taste and decency standard. In this context, the language used would not have caused audiences undue offence or harm and it was not beyond what viewers would reasonably expect from the programme. Not Upheld: Good Taste and Decency...

An appeal against this decision was allowed in part in the High Court with the Authority instructed to amend its order: AP158/91 PDF (204. 76 KB)Download a PDF of Decision No. 1991-025:Mansell and Television New Zealand Ltd - 1991-025 PDF683. 79 KB...

Download a PDF of Decision No. 1990-008:Turner (on behalf of the Group Opposed to Advertising of Liquor) and Television New Zealand Ltd - 1990-008 PDF314. 39 KB...