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Chair Joanne Morris declared a possible conflict of interest and did not participate in the determination of this complaint. ComplaintFace to Face with Kim Hill – interview about seabed and foreshore issue with John McEnteer – complaint that item unbalanced and unfair FindingsStandard 4 – “devil's advocate” approach used – interviewee not intimidated – not unfair – not upheld Standard 6 – style enabled issues to be explored – not unbalanced – not upheldThis headnote does not form part of the Decision Summary [1] John McEnteer of the Hauraki Trust Board was interviewed about the seabed and foreshore controversy on Face to Face with Kim Hill at 9. 30pm on TV One on 9 October 2003. [2] Garry Hooker complained to Television New Zealand Ltd, the broadcaster, that the interview was unfair and unbalanced as Mr McEnteer was interrupted and had been subjected to aggressive and “Pakeha-biased” questioning....

ComplaintBreakfast – Social commentator’s pre-Christmas reference to Jesus Christ as "a Middle Eastern carpenter who owned nothing" – insensitive and offensive to Christians FindingsStandard 6 and Guideline 6g – satire – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] Comments made on Breakfast between 7. 00–9. 00am by a social commentator, Joe Bennett, were broadcast on TV One on Friday 13 December 2002. During the programme, Joe Bennett expressed the view that Jesus Christ was "a Middle Eastern carpenter who owned nothing". [2] Colleen Pollard complained to Television New Zealand Ltd, the broadcaster, that the timing and nature of the commentary was both insensitive and offensive to Christians....

ComplaintHolmes – sensitive information about two women found on second-hand computer hard drive – women able to be identified – breach of women’s privacy FindingsSection 4(1)(c) – Complaints of FL, Mr Elliott and Mr Herrmann – upheld; Ms MacDonald’s complaint – one aspect upheld by broadcaster; one aspect subsumed under Standard G4 Orders(1) Broadcast of statement(2) $5,000 compensation to each of the women whose privacy was breached(3) $2,500 costs to the Crown Cross-reference: 2002-071–072 This headnote does not form part of the decision. Summary [1] An item broadcast on Holmes on TV One at 7. 00pm on 21 May 2001 reported on sensitive information about two women which had been found on a second-hand computer hard drive. Excerpts from the interviews with the two women were included in the broadcast. [2] FL, one of the women concerned, complained to the Broadcasting Standards Authority under s....

ComplaintOne News – item on proposed "People’s Bank" – referred to New Zealand Post Chairman Dr Ross Armstrong – failure to mention his chairmanship of Television New Zealand Ltd – item lacked integrity and independence FindingsStandard G14 – Dr Armstrong’s chairmanship of TVNZ irrelevant to item – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6pm on 19 February 2001 announced that the Chairman of New Zealand Post, Dr Ross Armstrong, wanted to meet with the Leader of the Opposition, Jenny Shipley, to find out who had leaked to her a copy of the business plan for the proposed "People’s Bank....

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…...

Interlocutory matter concerning whether formal complaint was lodged in writing with the broadcaster within the prescribed statutory timeframe Fair Go – formal complaint lodged by email shortly before midnight on 20th working day after the broadcast – broadcaster declined to accept the complaint on the basis it was out of time – question whether formal complaint was lodged within 20 working days as required by the Broadcasting Act 1989 FindingsDefinition of “working day” in section 2 of the Act specifies the days which are not to be counted as “working days” but does not specify times of the day – in the absence of explicit indication of times, ordinary meaning should be adopted – a “day” runs from midnight to midnight – complaint was lodged before midnight on 20th working day and therefore should have been accepted by the broadcaster, even though the email was not read until the following day OrderSection…...

Summary[This summary does not form part of the decision. ]A promo for Step Dave, broadcast during The Lion, the Witch and the Wardrobe, showed two female characters kissing and brief sexual innuendo. The Authority did not uphold a complaint that it was inappropriate to screen such an ‘overtly sexual’ promo during a children’s movie. The promo included low-level sexual innuendo which was unlikely to be understood by younger viewers, and unlikely to disturb or offend most viewers in the context of the PGR host programme. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] A promo for Step Dave, broadcast during The Lion, the Witch and the Wardrobe, showed two female characters kissing. One of the women said, referring to the two of them and the other woman’s boyfriend, ‘I think the three of us could have fun’....

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about the action taken by a broadcaster in response to a complaint it received about incorrect reporting of casualties in an event in Gaza. Three news bulletins on 1 News and 1 News Midday reported inconsistent numbers of Palestinians killed and injured following protests in Gaza. The broadcaster upheld a complaint that two of the bulletins were inaccurate, however the complainant was dissatisfied with the action taken by the broadcaster in response to these breaches and referred the complaint to the Authority on this basis. The Authority found that TVNZ took sufficient action, noting the broadcaster apologised in its decision to the complainant and circulated a reminder to all newsroom staff about the importance of reporting this type of information correctly....

Summary[This summary does not form part of the decision. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

The Authority has not upheld a complaint about a segment on 1 News in which reporter Maiki Sherman interviewed the Hon Nick Smith about the National Party blocking a proposal to enable Māori to switch more easily between the general electoral roll and Māori electoral roll. The complainant submitted Ms Sherman was aggressive and interrupted Mr Smith and her attitude was racist. The Authority found Mr Smith was not treated unfairly given, in particular, his experience as a politician and the public interest in the issue discussed. Regarding balance, Mr Smith had an opportunity to present his views on the issue and a range of perspectives were presented in the broadcast. The discrimination and denigration standard did not apply. Not Upheld: Fairness, Balance, Discrimination and Denigration...

The Authority did not uphold a complaint alleging an item on 1 News about nurses suffering ‘fatigue and burnout’ breached broadcasting standards. The complainant was concerned for an interviewee’s mental wellbeing and the broadcast’s omission of any interview with the interviewee’s employer or discussion of the employer’s accountability for the situation. The Authority found the balance standard did not apply, as no controversial issue was discussed; the issue of current nurse shortages is a fact. In any event, significant perspectives on the issue were broadcast within the (ongoing) period of current interest. The Authority also found the broadcast was materially accurate and unlikely to mislead viewers. The discrimination and denigration standard also did not apply. Not Upheld: Balance, Accuracy, Discrimination and Denigration...

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...

An item on Breakfast discussed Novak Djokovic, his recovery from COVID-19, his comments regarding efforts to contain the virus, and the others infected at a tennis tournament he organised. The Authority did not uphold a complaint the presenter’s description of Mr Djokovic as ‘a dick’ breached the good taste and decency standard. The Authority found the use of the word would not have caused widespread undue offence or distress or undermined widely shared community values. Not Upheld: Good Taste and Decency...

The Authority has declined to determine a complaint under the balance standard regarding an episode of Breakfast that referred to New Zealand as Aotearoa. The complainant considered the name Aotearoa should not be used to replace the country’s official name. In all the circumstances, the Authority found the complaint did not raise any issues of broadcasting standards that could properly be determined by its complaints process. Declined to Determine: Balance (section 11(b) of the Broadcasting Act 1989 – in all the circumstances)...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – item featured a skit in which an actor pretended to be Camilla Parker-Bowles singing a parody version of “Candle in the Wind” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – content of programme clearly satirical – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme Facelift, broadcast on TV One at 10. 10pm on 3 September 2007, included a skit featuring a person acting as Camilla Parker-Bowles. She was shown singing a parody version of “Candle in the Wind”, supposedly in memory of Diana, Princess of Wales. Complaint [2] Brintyn Smith made a formal complaint about the episode to Television New Zealand Ltd, the broadcaster, alleging that the skit breached standards of good taste and decency....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item examining the firearms licensing system and whether it was “too easy to get your licence” – showed hidden camera footage of volunteers taking firearms safety test – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – majority considers item failed to properly explain the place of the firearms safety test within the entire licensing scheme – viewers deprived of a significant perspective on whether it was too easy to obtain a firearms licence in New Zealand – majority uphold Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – item did not denigrate or treat MSC instructors unfairly – licensed firearms-holders not a “section of the community” as envisaged by the guideline – not upheld No Order This headnote does not form part of the decision....

ComplaintOne News – item about a sexual assault trial – unnecessarily violent and graphic material – broadcaster not mindful of the effect on children FindingsStandard 9 and Guideline 9a – no disturbing material – no uphold Standard 10 and Guideline 10g – no explicit details – no uphold This headnote does not form part of the decision. Summary [1] A One News programme, broadcast at 6. 00pm on 8 April 2002, featured coverage of the trial of six secondary school students who had been accused of a sexual assault on a male class-mate. The reporter described some of the evidence heard in Court about the assault, including that a broomstick had been inserted up the victim’s anus. [2] Viewers for Television Excellence Inc....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Renters – item showing dispute between tenant and rental agent – allegedly in breach of privacy, also unbalanced, inaccurate and unfairFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 5 (accuracy) – subsumed under Standard 6 Standard 6 (fairness) – not unfair – not upheld. This headnote does not form part of the decision. Broadcast [1] An item on Renters on TV2 at 8pm on 17 February 2005 showed an altercation between a tenant and a rental agent. The tenant argued with the agent about a sign in the downstairs window which had led to prospective tenants pestering him in the upstairs flat....