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Decisions
Robertson and Television New Zealand Ltd - 2016-038 (22 August 2016)
2016-038

Summary[This summary does not form part of the decision. ]An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link. The Authority did not uphold a complaint that the item was unbalanced, inaccurate and unfair. The item included a variety of significant viewpoints on KiwiRail’s decision, and it did not imply that the Government’s or KiwiRail’s views on the issue were more valid than other views. In the context of a brief news report, the pro-rail rally was accurately conveyed, and no individual or organisation was identified by the complainant as being treated unfairly. Not Upheld: Balance, Accuracy, FairnessIntroduction[1] An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link....

Decisions
Two Complainants and Television New Zealand Ltd - 2018-074 (26 February 2019)
2018-074

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

Decisions
Palestine Solidarity Network Aotearoa and Television New Zealand Ltd - 2021-028 (15 July 2021)
2021-028

The Authority has not upheld a complaint about an item on 1 News reporting on COVID-19 vaccine rollouts. The Authority found, in the context of the broadcast, the statistics cited in relation to Israel’s vaccine rollout were accurate. A discussion of access to vaccines in Israel by Palestinians was not material to the item and its omission would not have misled viewers. The remaining standards did not apply to the broadcast or issues raised in the complaint. Not Upheld: Accuracy, Balance, Fairness...

Decisions
Johnson and Television New Zealand Ltd - 2021-101 (27 October 2021)
2021-101

In a news report covering Eli Epiha’s trial, the reporter stated Mr Epiha was carrying a Bible when he was in fact carrying a Qur’an. The Authority has not upheld a complaint the broadcast breached the accuracy standard. The fact Mr Epiha was carrying a Qur’an was not a material point of fact likely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

Decisions
Kemp and Television New Zealand Ltd - 2022-058 (20 July 2022)
2022-058

The Authority has not upheld a complaint regarding a 1 News item. The item opened by referring to ‘weeks of tension between Jews and Christians in Israel’. This was inaccurate as the item reported on tensions between Israelis and Palestinians during a period of overlapping religious holidays. The broadcaster acknowledged the reference to Christians was an error, but did not uphold the original complaint as the error was ‘implicitly corrected by the full context of the story’. The Authority found, given the item immediately following reported on violence between Muslim and Jewish people, the inaccuracy in the introduction was unlikely to mislead the audience overall. The fairness standard did not apply. Not Upheld: Accuracy, Fairness...

Decisions
Wellington Palestine Group and Television New Zealand Ltd - 2022-083 (26 October 2022)
2022-083

An item on 1 News reported on clashes between mourners and Israeli police at the funeral of Palestinian-American journalist Shireen Abu Akleh. The Authority did not uphold a complaint that the item was misleading by implying the locations of Abu Akleh’s death and her funeral were in Israel and by impliedly ‘exonerating’ Israel for its police force’s actions at the funeral and for Abu Akleh’s death. While the item did not specify the city or country where the events took place, the Authority found the generic place descriptors used combined with references to ‘Israeli police’ and ‘Israeli forces’ being present would not have misled the audience to believe the events occurred in Israel. It further found the broadcast did not impliedly ‘exonerate’ Israel. Not Upheld: Accuracy...

Decisions
Right to Life New Zealand Inc & Kavanagh and Television New Zealand Ltd - 2023-001 (1 May 2023)
2023-001

The Authority has not upheld complaints an item on Sunday breached the accuracy, balance, fairness, and discrimination and denigration standards. The broadcast featured a 30 minute report on Aotearoa New Zealand’s medical staffing shortages, and explored whether this issue could be alleviated by the migration of medical staff from the USA, particularly those dissatisfied with the Supreme Court’s recent overturning of Roe v Wade. The complainants considered the broadcast unbalanced, favouring a ‘pro-choice’ perspective....

Decisions
Shaw and Television New Zealand Ltd - 1997-112
1997-112

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-113 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LANCASTER SALES AND SERVICE LIMITED of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Jenkin and Television New Zealand Ltd - 1997-170
1997-170

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-170 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOUGLAS JENKIN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Allied Mutual Insurance Ltd and Television New Zealand Ltd - 1996-163
1996-163

SummaryAward of Costs – Re Decision No: 1996-094 and 1996-095Pursuant to its powers under s. 16 of the Broadcasting Act 1989 to award such costs and expenses as are reasonable, the Authority has exercised its discretion to award costs to Allied Mutual Insurance Ltd, following its decision to uphold AMI's complaint about that Fair Go programme broadcast on TV One on 18 March 1996 lacked balance. The Authority records that it invited and received submissions from Allied Mutual Insurance Ltd and from Television New Zealand Ltd on the question of costs and, after careful consideration of the arguments from both parties, it decided an award of costs was appropriate in all of the circumstances of the case. CostsUnder s. 16 of the Broadcasting Act 1989, the Authority orders Television New Zealand Ltd to pay costs to Allied Mutual Insurance Ltd in the sum of $3000....

Decisions
Wellington Palestine Group and Television New Zealand Ltd - 1996-103, 1996-104
1996-103–104

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-103 Decision No: 1996-104 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Smits and Television New Zealand Ltd - 1995-138
1995-138

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 138/95 Dated the 30th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Centre for Psycho-Sociological Development and Television New Zealand Ltd - 1996-030
1996-030

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996 - 030 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CENTRE FOR PSYCHO- SOCIOLOGICAL DEVELOPMENT Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Children's Media Watch and Television New Zealand Ltd - 1994-006
1994-006

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 6/94 Dated the 17th day of February 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHILDREN'S MEDIA WATCH of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Turner and Television New Zealand Ltd - 1994-102
1994-102

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 102/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C R TURNER of Hamilton Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Ross and Television New Zealand Ltd - 2010-060
2010-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond the Darklands: Antonie Dixon – case study of convicted murderer Antonie Dixon based on the recollections of friends, family, neighbours, police and others as well as analysis by psychologist – programme mentioned his marriage to the complainant and referred to her several times – allegedly in breach of privacy, accuracy and fairness FindingsStandard 3 (privacy) – no private facts revealed about the complainant – complainant’s children not identifiable in the programme – not upheld Standard 5 (accuracy) – neighbour’s comments were clearly her recollection of events – programme not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant and children not treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Tuwhangai and Television New Zealand Ltd - 2005-101
2005-101

Complaint under section 8(1)(a) of the Broadcasting Act 1989DNZ: Waiting List – documentary – examined attitude of New Zealanders to organ donations and shortage of available organs – reference to ethnic differences – use of footage from tangi at the Mokai Kainga marae in Kawhia – complaint that archival footage used unfairly – upheld by TVNZ as a breach of Standard 6 and Guidelines 6e and 6h – action taken – footage will not be included if documentary screened again – footage would not be used again without appropriate approvals – apology offered to complainant and members of Mokai Kainga marae – action taken considered insufficient – broadcast apology soughtFindingsAction taken – insufficientOrderBroadcast of statementThis headnote does not form part of the decision. Broadcast [1] Attitudes to organ transplant and the shortage of donated organs were discussed in DNZ: Waiting List, broadcast on TV One at 8....

Decisions
BA and Television New Zealand Ltd - 2004-070
2004-070

This decision was successfully appealed in the High Court: CIV 2004-485-1299 PDF930. 17 KB Complaint under s. 8(1)(c) of the Broadcasting Act 1989 One News and Late Edition – item about a Medical Practitioners Disciplinary Tribunal hearing – complainant gave evidence – name suppressed – complained that she was identifiable from audio of voice and visual of part of her body – item included complainant’s occupation – alleged breach of privacyFindings Standard 3 (privacy) – complainant identifiable because job description given together with visuals and audio – name suppression order given by court or tribunal not in itself grounds for privacy complaint – name suppression in this case given to all witnesses to ensure that they could continue to function effectively as Board employees – disclosure of B A’s role as witness in these circumstances highly offensive – upheldOrder Compensation to the complainant of $1500 under s....

Decisions
Turangi/Tongariro Community Board and Television New Zealand Ltd - 2006-108
2006-108

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – reported public criticism of Taupo District Council’s apparent inaction in Turangi over the state of a swimming pool, sports ground facilities, and footpaths – interviewed chairman of the Taupo/Tongariro Community Board – allegedly in breach of standards relating to the maintenance of law and order, balance, fairness and accuracy FindingsStandard 2 (law and order) – no disrespect for principles of law shown– not upheld Standard 4 (balance) – state of council facilities was controversial issue of public importance and reasonable opportunity given to respond to criticisms – not upheld Standard 5 (accuracy) – criticisms advanced by named residents – not upheld Standard 6 (fairness) – Mr Ormsby given opportunity to reply to criticisms of specific facilities – Turangi described fairly – opportunity for residents to participate in setting priorities for expenditure of rates explained – not upheld This headnote does not form part of…...

Decisions
Garland and Television New Zealand Ltd - 2007-047
2007-047

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – interviewee compared playing old songs to having sex and an orgasm – allegedly in breach of good taste and decency and children’s interests standards. Findings Standard 1 (good taste and decency) – comparison was delivered in a straightforward and low-key manner – contextual factors – not upheld Standard 9 (children’s interests) – item was mild and light-hearted in nature – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 5 April 2007, showed an interview with Ray Manzarek, a former member of the rock group “The Doors”. [2] Towards the end of the interview, Mr Manzarek was asked if he ever got tired of playing the same songs. Mr Manzarek replied: Are you sick and tired of having sex?...

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