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Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about a woman who hired an advocate to help her with an ACC review hearing – advocate charged $13,000 and had not completed the work in a year – woman hired a lawyer who completed the work in a month for $5,000 – studio interview with advocate – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfairFindingsStandard 1 (good taste and decency) – good taste and decency standard not relevant – not upheldStandard 4 (balance) – no controversial issue of public importance discussed – not upheld Standard 5 (accuracy) – no inaccuracies – decline to determine some matters – not upheld Standard 6 (fairness) – not unfair to Mr Nottingham or Advantage Advocacy – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Closer – scene involving internet sex-chat contained sexually explicit dialogue – use of the word “cunt” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – language was relevant to the storyline and character development – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] Closer, a film based on a play by Patrick Marber which followed the love affairs of two couples, was broadcast on TV One at 8. 30pm on Sunday 10 February 2008....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed fashion designers Trelise Cooper and Tamsin Cooper, who were involved in a High Court case about their branding – reported that Tamsin Cooper's silk velvet coats, labelled as 100% silk, had been tested and the fabric was “not 100% silk, but mostly viscose” – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Tamsin Cooper – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on 3 December 2007 at 7. 30pm on TV One, discussed a High Court action involving fashion designers Trelise Cooper and Tamsin Cooper....

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....

SummaryEpisodes 12 and 13 of the series Havoc and Newsboy’s Sell-Out Tour were broadcast on TV2 on consecutive Tuesday evenings on 17 and 24 August 1999 beginning at 10. 00pm. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that what he called gratuitous swearing on the programme, which included the use of the word "fuck", breached the good taste standard. TVNZ responded that in the context of a late evening broadcast and the fact that the programmes were classified as AO, it did not consider that the language used posed a threat to the standard. It also suggested that the approach taken by Mikey Havoc and Jeremy Wells (Newsboy) was by now sufficiently well-established for the language to have come as no surprise to viewers....

ComplaintDocumentary New Zealand: "The Real New Zealand" – gay homestay – promotion of homosexuality – omission of information and warning about sexually transmitted diseases – unbalancedFindings(1) Standard G2 – action taken sufficient – no uphold (2) Standard G6 – no uphold (3) Standard G20 – no uphold This headnote does not form part of the decision. Summary An episode of Documentary New Zealand: "The Real New Zealand" about New Zealand homestays included a segment about a homestay designed for gay visitors. The programme was broadcast on TV One at 8. 30pm on 21 August 2000. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, about the footage, which he considered promoted homosexuality and contained scenes of nudity among homosexuals which would have been offensive to a majority of viewers....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reporting on an iceberg close to colliding with an ice-shelf in Antarctica – size of the iceberg incorrectly reported as 2000 cubic metres, rather than kilometres – broadcaster upheld breach of Standard 5 but declined to broadcast a correction – complainant dissatisfied with action takenFindings Standard 5 (accuracy) – minor error – other descriptions in the item clarified magnitude of iceberg – action taken by broadcaster sufficient – future similar referrals by complainant potentially vexatious. This headnote does not form part of the decision. Broadcast [1] An item broadcast on One News at 6pm on 14 January 2005 reported that a huge iceberg was close to colliding with the ice-shelf on the coast of Antarctica. The item reported that the iceberg contained 2000 cubic metres of water....

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Grassroots Business – included report from Telecom representative which promoted a Telecom product or service – failed to distinguish between programme and advertising material – Standard 8 and Guideline 8a – TVNZ upheld complaint – TVNZ advised clarity required in any future series – complainant dissatisfied with action taken and referred action taken to Authority – a second complaint that other sponsors’ products and services also not clearly distinguished – not upheld by TVNZ – also referred to AuthorityFindings i) Standard 8 – broadcaster retained editorial responsibility – not upheld ii) Action taken – sufficient in the circumstances – complaint is a reminder to all broadcasters of obligations under Standard 8 – not upheldThis headnote does not form part of the decision. Broadcast [1] Grassroots Business was shown on TV One on Saturday mornings at 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about a family (the Alexanders) who, in order to purchase a home, became involved in a family trust with the assistance of Miles McKelvy and Arden Fatu – $316,000 borrowed from Westpac to buy four properties – repayments in arrears – total debt grew to $331,000 – property deals and financing arrangements fell through – Alexanders approached Fair Go – Alexanders later sought to withdraw complaint – Fair Go declined – Dermot Nottingham named in item as advocate for Mr McKelvy and Mr Fatu – item urged people involved in complicated property deals to get independent legal advice – item allegedly unbalanced, unfair and inaccurateFindingsStandard 4 (balance) and Guidelines 4a and 4b – not unbalanced – not upheld Standard 5 (accuracy) and Guidelines 5a, 5b, 5c, 5d and 5e – insufficient information to determine inaccuracies complained of –…...

ComplaintLate Edition – Breakfast – alleged rat infestation in Helensville – no evidence of rats – community views not sought – item unfair and unbalanced FindingsStandard G14 – item failed to uphold standards of accuracy, impartiality and objectivity – uphold OrderCosts of $500 to Crown This headnote does not form part of the decision. Summary An item broadcast on TV One on Late Edition on 6 June 2001, and on Breakfast on 7 June 2001, dealt with an alleged infestation of rats in and around Helensville. Hans Van Duyn complained to Television New Zealand Ltd, the broadcaster, that the item was unfair and lacked balance. He said the only person interviewed was a former Helensville Mayor, Mr Eric Glavish, who had his own "reasons or agenda to make unsubstantiated allegations"....

SummaryA political advertisement for the ACT party broadcast on 23 November 1999 at 6. 51am referred to its policy to resolve all Treaty claims. Both ACT’s and National’s policies for resolving Treaty matters were referred to at various times during the election campaign. William Powell complained to Television New Zealand Ltd, the broadcaster, that it was responsible for disseminating incorrect and unconstitutional information which would have misled and confused the public. He emphasised that Treaty matters were not for political parties to decide, and pointed to historical evidence which he said supported his view. He noted that the point was now before the Court of Appeal for adjudication. TVNZ noted that the substance of the complaint was very similar to another lodged by the same complainant, and that it had not been upheld when it was referred to the Broadcasting Standards Authority for review....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made comments about a celebrity’s breasts, “Get your girls out” – in another segment host referred to music album, “Sex on Fire”, before stating, “Gonorrhoea anyone? ” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – comments not to everyone’s taste but would not have offended regular Breakfast viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Breakfast, broadcast on TV One at approximately 7. 30am on Tuesday 19 October 2010, reported on a well-known New Zealand jeweller who had enlisted the help of an international celebrity to boost his publicity while promoting a competition in New York....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Politically Incorrect Guide to Teenagers – host commented that teenagers were “mental”, “mad”, “not right in the head” – showed sketch of “Mad Uncle Jack” who had been released from psychiatric facility – allegedly in breach of standards relating to good taste and decency and discrimination and denigration FindingsStandard 1 (good taste and decency) – content subject to complaint intended to be humorous and educational rather than offensive – contextual factors – not upheld Standard 7 (discrimination and denigration) – comments were host’s personal opinion with regard to teenage behaviour – he was not making a comment on people with mental illness as a section of the community – comments did not contain invective necessary to encourage denigration or discrimination – not upheld This headnote does not form part of the decision....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on the funeral of prominent New Zealand businessman Allan Hubbard – included footage filmed outside his funeral – allegedly in breach of standards relating to good taste and decency, privacy, fairness and responsible programming FindingsStandard 3 (privacy) – Mrs Hubbard and other people shown in the footage were identifiable but no private facts disclosed and filming was in a public place – those shown were not particularly vulnerable – not upheld Standard 1 (good taste and decency) – filming was non-intrusive and respectful – footage would not have offended or distressed viewers – not upheld Standard 6 (fairness) – Hubbard family treated fairly – not upheld Standard 8 (responsible programming) – footage formed part of an unclassified news programme – item would not have disturbed or alarmed viewers – not upheld This headnote does not form part of the decision.…...

ComplaintReel Life: The Truth about Lesbian Sex – documentary examining lesbian sex – indecent – offensive FindingsStandard 1 and Guideline 1a – context – majority – no upholdThis headnote does not form part of the decision. Summary [1] Reel Life: The Truth about Lesbian Sex was a documentary broadcast on TV One at 9. 30pm on Wednesday 2 July 2003. The programme examined lesbian sex, focussing on lesbian relationships. [2] Mr Harang complained to Television New Zealand Ltd, the broadcaster, that the item showed scenes of a sexual nature which breached the standard of good taste and decency. [3] Mr Tod’s complaint to TVNZ maintained that the demonstration of sexual aids, combined with the explicit instruction on the performance of several sexual acts, was appalling and indecent. Mr Tod also stated that the programme inappropriately encouraged lesbian sex as an exciting and viable alternative to heterosexual sex....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – street march through Auckland – topless protester shown – allegedly in breach of good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – context – no warning required – not upheld Standard 9 (children’s interests) – item not harmful to children – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 5 March 2005 showed a street march through Auckland that day in support of “family values”. A topless woman was among those shown protesting against the views expressed by the marchers. Complaint [2] Alexander Watts complained to Television New Zealand Ltd, the broadcaster, that the item had breached standards of good taste and decency and children’s interests....

Download a PDF of Decision No. 1993-101:McElroy and Television New Zealand Ltd - 1993-101 PDF468. 14 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – chief Israeli spokesperson interviewed about the raid – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – topic of the raid was a controversial issue of public importance – broadcaster made reasonable efforts and gave reasonable opportunities to present significant points of view on the raid – not upheld Standard 5 (accuracy) – material that was not included did not make the item misleading – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6 (fairness) – Israeli spokesperson given ample opportunity to present Israel’s point of view – individuals and organisations taking part or referred to…...