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Decisions
McLellan and Television New Zealand Ltd - 2003-041
2003-041

ComplaintHolmes – host referred to the WestpacTrust Stadium as the "cake tin" – derogatory phrase – offensive FindingsSection 11(b) – no issue of broadcasting standards raised by this complaint – decline to determine This headnote does not form part of the decision. Summary [1] The WestpacTrust Stadium in Wellington was referred to as the "cake tin" by the host (Susan Wood) in an item broadcast on Holmes at 7. 00pm on 7 February 2003. [2] John McLellan complained to Television New Zealand Ltd, the broadcaster, that the reference was "derogatory". [3] When the broadcaster failed to respond to his formal complaint, Mr McLellan referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. [4] In its response to the Authority, TVNZ argued that the matter did not raise an issue of broadcasting standards....

Decisions
AKO Ltd and Television New Zealand Ltd - 1994-015
1994-015

SummaryRadio Wha Waho was the name of a light-entertainment series set in a Maori radio station produced by TVNZ and broadcast weekly on Channel Two on Friday evenings starting on 15 October 1993. The directors of AKO Ltd complained to Television New Zealand Ltd that the first four programmes in the series misused the Maori language and invited viewers to laugh at rather than with the Maori characters. As a result, the series had had a negative impact on Maori business and, they argued, should be withdrawn. While acknowledging two language errors which it described as minor, TVNZ said the scripts were re-worked by members of its Maori Department to ensure that the programmes dealt sensitively with Maori humour and were not denigratory. It maintained that the broadcasts did not breach the standards. Dissatisfied with TVNZ's response, the complainants referred their complaint to the Broadcasting Standards Authority under s....

Decisions
Bolot and Television New Zealand Ltd - 2010-149
2010-149

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on New Zealand protestor’s decision to travel to Gaza with his son as part of a humanitarian aid flotilla – commented on recent Israeli commando raid on another aid flotilla – allegedly in breach of standards relating to controversial issues, accuracy, fairness and responsible programming FindingsStandard 4 (controversial issues – viewpoints) – item focused on one man – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 8 (responsible programming) – Close Up was an unclassified current affairs programme – item would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Decisions
Withey and Television New Zealand Ltd - 2012-126
2012-126

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item focused on couple who received verbal estimate for plumbing work that was significantly less than the final bill – included interview with the couple and the plumber –advised viewers on how to avoid unanticipated costs by obtaining written quotes – allegedly unfair to plumber FindingsStandard 6 (fairness) – plumber provided with a fair and reasonable opportunity to comment and his viewpoint was adequately reflected in the item – item did not create unfairly negative representation of plumber’s character or conduct – high level of public interest in advice provided to tradespeople and consumers – plumber treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Georgeson and Television New Zealand Ltd - 1993-005
1993-005

Download a PDF of Decision No. 1993-005:Georgeson and Television New Zealand Ltd - 1993-005 PDF365. 46 KB...

Decisions
Loos and Television New Zealand Ltd - 1999-054
1999-054

TVNZ's request to the Authority to recall Decision 1999-053 and not to issue that decision for publication declined. A PDF of Decision 1999-054 can be downloaded here: Loos and Television New Zealand Ltd - 1999-054 PDF234. 41 kB...

Decisions
Seager and Television New Zealand Ltd - 2012-052
2012-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with a man about the fate of his wife who died in the February 2011 Christchurch earthquake – showed sequence of photographs as reporter stated, “As these police photos show, there were concrete cutters used on the western side of the building, but what about on the side [the woman] and four others were trapped? ” – photographs allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – photographs used to illustrate assertions, based on eyewitness evidence, that concrete cutters were available but not used – use of photographs not material in the context of the item – photographs would not have misled viewers in any significant respect – not upheld This headnote does not form part of the decision....

Decisions
Bartlett and Television New Zealand Ltd - 1990-002
1990-002

Download a PDF of Decision No. 1990-002:Bartlett and Television New Zealand Ltd - 1990-002 PDF307. 38 KB...

Decisions
Harang and Television New Zealand Ltd - 1992-068
1992-068

Download a PDF of Decision No. 1992-068:Harang and Television New Zealand Ltd - 1992-068 PDF353. 15 KB...

Decisions
Nga Kaiwhakapumau I Te Reo (Inc) and Television New Zealand Ltd - 1991-020
1991-020

Download a PDF of Decision No. 1991-020:Nga Kaiwhakapumau I Te Reo (Inc) and Television New Zealand Ltd - 1991-020 PDF541. 34 KB...

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
McDonald and Television New Zealand Ltd - 2010-055
2010-055

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on search for missing sailor – report stated that air force had covered an area of around 360,000 kilometres – allegedly inaccurate 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 Monday 29 March 2010, reported on a missing sailor whose boat had been found off the Chatham Islands – the man was still missing, but his dog was found alive on board the boat. [2] During the item, the reporter stated that a “helicopter and Airforce Orion covered an area of around 360,000 kilometres from Gisborne to the East Cape”....

Decisions
Thirlwall and Television New Zealand Ltd - 2004-043
2004-043

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – item about Tauranga surgeon Dr Ian Breeze found guilty of professional misconduct – item described bowel operation which resulted in death of patient as “botched” – patient’s wife interviewed – relatives of other patients interviewed – allegedly breached good taste and decency – allegedly inaccurate, unfair, unbalancedFindings Standard 1 (good taste and decency) – “botched” is vernacular – not upheld Standard 4 (balance) – matters raised by complainant not required for balance – not upheld Standard 5 (accuracy) – not inaccurate – not upheld Standard 6 (fairness) – matters raised by complainant not required for fairness – not upheld This headnote does not form part of the decision. Broadcast [1] Tauranga surgeon Ian Breeze was the subject of an item broadcast on Holmes on TV One on 2 December 2003....

Decisions
Petterson and Television New Zealand Ltd - 2000-037
2000-037

Summary The promo for a 60 Minutes programme was broadcast on TV One between 5. 30–6. 00pm prior to 24 October 1999 and featured the author of a book on female erotica. Referring to a passage in her book, she asked "who wants to have a silent orgasm? " Mr Petterson complained to Television New Zealand Ltd, the broadcaster, that this remark "transcends acceptable behaviour in a family home". He objected to its broadcast at an early hour when young children would be watching television and suggested that it could be embarrassing for parents if their children asked what the question meant. In its response, TVNZ emphasised that as the word "orgasm" was not in itself offensive, it did not see how it could cause harm to children....

Decisions
Amnesty International and Television New Zealand Ltd - 2010-134
2010-134

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented on prisoners being handed over to Afghan security forces – "does anyone care if we put drills through the heads of these people" and "we need to get out the Stanley knives" – allegedly in breach of good taste and decency and responsible programming standards FindingsStandard 1 (good taste and decency) – comments were provocative and hyperbolic but intended to stimulate discussion – contextual factors – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6. 30am and 9am on Tuesday 17 August 2010, presenter Paul Henry interviewed TVNZ's political editor on recent events in Afghanistan....

Decisions
Wood and Television New Zealand Ltd - 2007-022
2007-022

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – sports news "Best of 2006" reviewed rugby league – allegedly unfair in view of the issues covered, allegedly inaccurate in reporting a comment from the Kiwis' coach, and the violence shown was gratuitous FindingsStandard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – review explained its approach and fairly reflected the 2006 season – not upheld Standard 10 (violence) – no gratuitous violence screened – not upheld This headnote does not form part of the decision. Broadcast [1] The 2006 year in rugby league was reviewed in a sports news series entitled "Best of 2006". The item was broadcast on 29 December 2006 during One News at 6. 00pm on TV One and began: The 2006 rugby league season will probably be remembered more for all the off-field dramas than any playing action....

Decisions
Reynolds and Television New Zealand Ltd - 2011-138
2011-138

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Education Advertisement – National Party leader and Prime Minister John Key stated, “National is building a better education system, with school reports in plain English. . . ” – statement allegedly inaccurate and misleading FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air Television Code – advertisement did not state as fact that all school reports would be written in the English language – “plain English” was colloquial way of stating “easy to understand” – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An advertisement for the New Zealand National Party was broadcast on TV One on 2 November 2011 at approximately 9. 30pm....

Decisions
Schwabe and Television New Zealand Ltd - 2001-133
2001-133

ComplaintStrassman – fuck – offensive language FindingsSection 4(1)(a) – consideration of context required as specified in standard G2; Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits – bordering on gratuitous; comment – children in studio audience – unsatisfactory as programme classified AO This headnote does not form part of the decision. Summary [1] An episode of Strassman broadcast on TV2 at 9. 30pm on 26 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. [2] Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. [3] In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint....

Decisions
Lee and Television New Zealand Ltd - 2010-099
2010-099

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....

Decisions
Towgood and Television New Zealand Ltd - 2012-061
2012-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Two and a Half Men – promo broadcast at 2. 10pm contained sexual innuendo and the word “penis” – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 1 (good taste and decency) – promo screened during chat show targeted at adults and in AO timeslot – contextual factors – not upheld Standard 8 (responsible programming) – host programme, while rated G, was not targeted at children and broadcast in AO time-band – sexual content was sufficiently inexplicit and promo light-hearted and humorous – not upheld Standard 9 (children’s interests) – host programme targeted at adults and broadcast during AO timeslot – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

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