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Turner and Television New Zealand Ltd - 2005-006
2005-006

Complaint under section 8(1)(a) of the Broadcasting Act 1989Between the Sheets – promo broadcast during One News at about 6. 30pm – allegedly gratuitously violent Findings Standard 10 and Guideline 10a (gratuitous violence) – in view of brevity of the relatively innocuous incident included in a promo broadcast during the news, broadcaster showed care and discretion – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the AO-classified Between the Sheets was broadcast during One News on TV One beginning at 6. 00pm on 4 January 2004. The promo briefly showed one man striking another, who fell back after being struck on the jaw or lower face. Complaint [2] Cliff Turner complained to Television New Zealand Ltd, the broadcaster, that the violence was gratuitous and unacceptable at that hour....

Decisions
McDonald and Television New Zealand Ltd - 2006-003
2006-003

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – interview with a woman who had witnessed a fatal stabbing in Auckland – presenter said “that woman told us she was off home now to have a stiff brandy – as you would do. Have two” – allegedly in breach of liquor standardFindings Standard 11 (liquor) – comment did not amount to liquor promotion – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Close Up, broadcast on TV One at 7pm on 28 November 2005, included an interview with a woman who had witnessed a fatal stabbing in Auckland. At the end of the item, the programme’s presenter said: That woman told us she was off home now to have a stiff brandy, as you would do. Have two....

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
Beattie and Television New Zealand Ltd - 2003-046
2003-046

ComplaintThe Assignment – film – sexual behaviour and nudity – offensive – excessive violence – unacceptable at 8. 30pm FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 and Guidelines 9a, 9b, 9c – 8. 40pm on Saturday – violent scene screened soon after the watershed – warnings by themselves may not be sufficient – insufficient discretion exercised – upholdStandard 10 and Guideline 10a – violence not gratuitous given factual basis – no uphold No Order This headnote does not form part of the decision. Summary [1] The film The Assignment was screened on TV2 at 8. 30pm on Saturday 19 October 2002. Based on the life of the notorious terrorist Carlos (The Jackal), the film’s story-line involved a CIA scheme to persuade Carlos’s allies to suspect his motives and to assassinate him....

Decisions
Hong and Chung and Television New Zealand Ltd - 2002-118, 2002-119
2002-118–119

ComplaintMotorway Patrol and promo – incident involving the complainants’ vehicle – complainants identifiable – breach of privacy – unfair – encouraged discrimination FindingsStandards 3 – privacy – no uphold Standard 6, Guideline 6b – not unfair to inadvertent participants who do not consent as events of public interest occurred in public place – no uphold, Guideline 6f – humiliation self-inflicted – no uphold, Guideline 6g – neither discrimination or denigration encouraged – no uphold This headnote does not form part of the decision. Summary [1] The loss of a trampoline off the roof of a vehicle as it drove across the Auckland Harbour Bridge was the incident dealt with in a promo for, and in the first segment of, Motorway Patrol broadcast on TV2 at 7. 30pm on 11 April 2002. Motorway Patrol is a reality series which records the work of police patrols on the Auckland motorways....

Decisions
Durkin and Television New Zealand Ltd - 2001-015
2001-015

ComplaintOne News – item about HIV positive man facing charges of sexual offending – HIV status irrelevant to criminal allegations – broadcaster did not respect principles of law - unbalanced – impartial – unfair – broadcaster not mindful of effect on children – item caused unnecessary panic, alarm and distress FindingsStandard G5 – standard concerned with maintenance of law and order – possible breach of law beyond Authority’s jurisdiction – no uphold Standard G16 – broadcast did not cause "unnecessary" alarm – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6. 00pm on 23 November 2000 described the court appearance of a North Shore teacher who faced 20 charges in relation to sex offences allegedly committed against six boys. The news item described the man, whose name had been suppressed, as having tested HIV positive....

Decisions
Boyce and Television New Zealand Ltd - 2010-102
2010-102

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and TVNZ News at Eight – news items before documentary The Investigator: The Case Against Robin Bain screened – documentary maker Bryan Bruce gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – news items stated that Mr Bruce had drawn conclusions about Robin’s alleged motive through examining the testimony of a surprise witness – did not state what his conclusions were – allegedly in breach of accuracy standardOne News Tonight and TVNZ News Now – late-night news items after the documentary screened revealed Mr Bruce’s conclusions about the surprise witness – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – promotion of the documentary and embargo on the details of Mr Bruce’s findings did not result in any of the news items being inaccurate or misleading – not…...

Decisions
Damaske and Television New Zealand Ltd - 2003-137
2003-137

ComplaintOne News – in view of low water levels, news item about the exposure of ships sunk in River Danube in Second World War – estimated up to 2000 bodies in the river – reference to Nazi navy – unbalanced – inaccurate – unfair FindingsStandard 2 – not relevant – no uphold Standard 4 – not unbalanced – no upholdStandard 5 – unable to establish facts – decline to determine Standard 6 not unfair – no uphold This headnote does not form part of the decision. Summary [1] The extremely low levels of the River Danube in Serbia had resulted in the exposure of a number of German Navy ships from the Second World War which had been scuttled as the Nazis withdrew. It was reported that up to 2000 people on the ships had been drowned when the ships were scuttled....

Decisions
Hayes and Television New Zealand Ltd - 2002-046
2002-046

ComplaintThe Weakest Link – G rating – contestant said "pissed off" – offensive language FindingsStandard 1 and guideline a – contextual matters – no uphold Standard 9 and guideline a – context and use – no uphold This headnote does not form part of the decision. Summary [1] A celebrity edition of The Weakest Link was broadcast on TV One between 7. 40–8. 40pm on 6 January 2002. A contestant, Pam Corkery, said among her later final comments that she was "pissed off" at her inability to answer one specific question. [2] Gordon Hayes complained to Television New Zealand Ltd, the broadcaster, that to include such language in a programme rated G was "absolutely disgusting". [3] In response, TVNZ described the phrase as a "mild vulgarism" which was not sufficiently offensive to breach current community standards, and that children who were still awake after 8....

Decisions
Watkin and Television New Zealand Ltd - 2004-165
2004-165

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....

Decisions
Sime and Television New Zealand Ltd - 2020-127 (30 September 2020)
2020-127

The Authority has not upheld a complaint about an election advertisement for the Labour Party that included the statement, ‘Together we went hard and early to fight COVID. . . ’ The complaint was that this statement breached broadcasting standards because it should have said the Labour Party ‘went hard and late’, on the basis it could have taken ‘some action at the border’ earlier than it did, to protect New Zealanders. The Authority found the statement was clearly opinion and advocacy promoting the Labour Party, rather than a statement of fact, and that viewers were unlikely to be misled. There was no actual or potential harm caused, to outweigh the importance of freedom of expression and free political speech in the lead up to the general election, or to justify regulatory intervention....

Decisions
Judge and Television New Zealand Ltd - 2020-108 (21 December 2020)
2020-108

The Authority has not upheld a complaint about an episode of New Zealand Hunter Adventures featuring two groups of duck shooters in New Zealand. The episode included footage of people, including young people, using firearms, shooting ducks, celebrating successful shots, holding and plucking dead ducks, and showcasing hunting gear and equipment. Taking into account the relevant contextual factors including the programme’s classification, target audience and audience expectations, the broadcast did not breach the good taste and decency, children’s interests or violence standard. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

Decisions
Ward and Television New Zealand Ltd - 2020-168 (25 May 2021)
2020-168

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint about an episode of Paramedics, which twice played footage of a young man suffering an allergic reaction exclaiming ‘Fuck, I can’t breathe’, with the audio censored so the word was partially silenced, and the subtitles uncensored. The episode aired during an M classification time band, at 7. 30pm, and was preceded by a warning which stated ‘This programme is rated M. It contains coarse language. ’ The ‘ML’ rating was also broadcast after each advertisement break, with the ‘L’ advisory symbol indicating ‘language may offend’. In the context, the language used would not have caused widespread undue offence or distress, and was not beyond what viewers would have reasonably expected from the programme. Not Upheld: Good Taste and Decency...

Decisions
Collier and Fong and Television New Zealand Ltd - 2012-137
2012-137

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

Decisions
Sharp and Television New Zealand Ltd - 1993-033
1993-033

Download a PDF of Decision No. 1993-033:Sharp and Television New Zealand Ltd - 1993-033 PDF276. 53 KB...

Decisions
Chief Ombudsman (Sir Brian Elwood) and Television New Zealand Limited - ID2001-001
ID2001-001

Complaint One 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 OrderOrder made to supply tape to Authority – section 12 Broadcasting Act 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 ruled that she had been treated unfairly by the health bureaucracy. A brief comment from the Chief Ombudsman was included in the item....

Decisions
Larsen and Television New Zealand Ltd - 2012-055
2012-055

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item included footage of rugby player mouthing the words “fucking bullshit” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – language inaudible which reduced its potential to offend – contextual factors – not upheld Standard 9 (children’s interests) – language would have bypassed most children as they would have to have been actively watching to understand what was said – news not targeted at, nor likely to appeal to, children – not upheld This headnote does not form part of the decision. Introduction [1] An item on One News, broadcast at 6pm on TV One on 28 April 2012, reported on the fate of the Auckland Blues rugby team following their eighth successive loss....

Decisions
New Zealand Shooters Rights Association Inc, Otago-Southland Firearms Coalition and Beltowski and Television New Zealand Ltd - 1992-074, 1992-075, 1992-076
1992-074–076

Download a PDF of Decision No. 1992-074–076:New Zealand Shooters Rights Association Inc, Otago-Southland Firearms Coalition and Beltowski and Television New Zealand Ltd - 1992-074, 1992-075, 1992-076 PDF1. 9 MB...

Decisions
Tregurtha and Television New Zealand Ltd - 1991-012
1991-012

Download a PDF of Decision No. 1991-012:Tregurtha and Television New Zealand Ltd - 1991-012 PDF394. 96 KB...

Decisions
Mather and Television New Zealand Ltd - 2022-088 (5 October 2022)
2022-088

The Authority has declined to determine three complaints about different programmes broadcast on TVNZ channels on 4 July 2022 as the concerns related to the complainant’s personal preferences on what should be broadcast, and other issues raised have recently been dealt with and did not warrant further determination. Decline to determine (section 11(b) in all the circumstances the complaint should not be determined): Offensive & Disturbing Content; Discrimination & Denigration...

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