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Decisions
SilkRoutes Artifacts and Carpets Ltd and Television New Zealand Ltd - 2000-063
2000-063

ComplaintHolmes – bargain priced Persian rugs – false statements – implied discounts not genuine Findings(1) Standard G1 – no express or implied inaccuracy – no uphold (2) Standard G4 – no implication of fraudulent misrepresentation – no unfairness to complainant or its director – no uphold (3) Standard G6 – reasonable opportunity given for comment – no uphold This headnote does not form part of the decision. Summary An item on Holmes broadcast on TV One at 7pm on 22 November 1999 featured Persian rugs sold by SilkRoutes Artifacts and Carpets Ltd. It was reported that rugs sold by SilkRoutes were advertised as "massively discounted". Customer concerns about the value of the rugs were raised, in particular by the purchasers of a Qum rug. SilkRoutes, through its solicitor, complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate, unbalanced, inflammatory and unfair....

Decisions
Ngati Pukenga Iwi and Television New Zealand Ltd - 2003-109
2003-109

ComplaintHolmes – item regarding registration of Kopukairoa as wāhi tapu – examined the concerns of four landowners affected by the registration – unbalanced – inaccurate – unfair FindingsStandard 4 – failed to present range of views – unbalanced – uphold Standard 5 – factual inaccuracies – partial – uphold Standard 6 – Iwi dealt with unfairly – uphold OrderBroadcast of statementPublish statement in Bay of Plenty Times This headnote does not form part of the decision. Summary [1] The concern of four Pakeha landowners on Kopukairoa, because of the registration of the mountain in the Bay of Plenty as wāhi tapu, was dealt with in an item broadcast on Holmes at 7. 00pm on 18 November 2002. The item included interviews with the four landowners and Mr Toni Paraire who, it was said, represented the views of the local Māori who registered the wāhi tapu....

Decisions
Balfour and Television New Zealand Ltd - 2012-040
2012-040

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on court proceedings in which the complainant was found guilty on charges under the Animal Welfare Act 1999 – contained footage of SPCA raid at his property and photographs of cats and dogs – allegedly inaccurate, unfair and in breach of privacy FindingsStandard 3 (privacy) – complainant identifiable – photographs legitimately obtained by SPCA – use of archive footage justified given ongoing interest in Mr Balfour’s activities and properties – footage of dogs in a playpen was innocuous and used as visual wallpaper to report on court proceedings in which Mr Balfour was found guilty of serious charges – footage of Mr Balfour being served with search warrant was not obtained by “prying” – harm to Mr Balfour in terms of underlying objective of privacy standard resulted from conviction, not the item – item did not…...

Decisions
Feenstra and Television New Zealand Ltd - 2012-127
2012-127

Complaint under section 8(1C) of the Broadcasting Act 1989Promo for Friday Night of Comedy – contained footage from programme episodes that had already screened – allegedly in breach of accuracy and responsible programming standards FindingsStandard 5 (accuracy) – comedy promo not a factual programme to which the accuracy standard applies – not upheld Standard 8 (responsible programming) – promo was generic and promoted programme series, as opposed to specific upcoming episodes – promo did not deceive or disadvantage viewers as envisaged by the standard – not upheld This headnote does not form part of the decision. Introduction [1] A promo for Friday Night of Comedy highlighted multiple programmes that were scheduled to screen that evening, and contained footage from the different programme series. The promo was broadcast on TV One at about 6. 20pm on 24 August 2012....

Decisions
Schwabe and Television New Zealand Ltd - 2001-056
2001-056

ComplaintReel Life: The Lost Boys – documentary – language – fucking as adjective – "I’ll fucking kill everything" – offensive FindingsSection4(1)(a) – language helped viewers understanding of young man – other contextual factors – rating – time – warning – no uphold This headnote does not form part of the decision. Summary The documentary Reel Life: The Lost Boys looked at the Columbine High School shooting in Colorado in 1999. An actor read from the website of one of the assailants in which, among other matters, he referred to "fucking people" and said "I’ll fucking kill everything". The programme was broadcast on TV One at 9. 45pm on 2 March 2001. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the "f" word was offensive and its use in the documentary breached the standards....

Decisions
Irwin and Television New Zealand Ltd - 2010-087
2010-087

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Decisions
Kahukura and Television New Zealand Ltd - 2002-174
2002-174

ComplaintHavoc and Newsboy’s Sellout Tour – The Victory Lap – complainant shown blindfolded opening oysters at Bluff Seafood Festival – comments from Newsboy suggested he was drunk or had been taking drugs – inaccurate – unfair – defamatory FindingsStandard 6 – satirical series – festival and activities lampooned – complainant identifiable – reputation as oyster shucker not impugned – not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] Richard Lee Kahukura was featured opening oysters while blindfolded at the Bluff Seafood Festival in an episode of the satirical series Havoc and Newsboy’s Sellout Tour – The Victory Lap broadcast on TV2 at 10. 00pm on 9 July 2002. [2] Mr Kahukura complained to Television New Zealand Ltd, the broadcaster, that the comments during the broadcast made by Newsboy, suggesting that he was drunk and drugged, were inaccurate, unfair, and defamatory....

Decisions
Irwin and Television New Zealand Ltd - 2011-171
2011-171

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Intrepid Journeys – dancing champion Brendon Cole visited Vanuatu – locals told him how to kill a chicken using a slingshot – he could not manage to hit it and eventually killed it with his hands – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – programme showed daily reality of a different culture and way of life – was clear that Mr Cole was upset about killing the chicken so viewers were not encouraged by the programme to kill animals in that manner – footage was not gratuitous in context – not upheld Standard 9 (children’s interests) – programme was correctly rated PGR – scene was signposted so parents could exercise discretion with regard to their children’s viewing – broadcaster adequately considered children’s interests – not upheld Standard 10 (violence) – footage did not…...

Decisions
McCormack and Television New Zealand Ltd - 2004-155
2004-155

Complaint under section 8(1)(a) of the Broadcasting Act 1989State of the Nation – live televised debate on race relations included panel and studio audience – comments by Derek Fox interpreted as stating that Don Brash (the Leader of the Opposition) has not read the Treaty of Waitangi – allegedly inaccurateFindingsStandard 5 (accuracy) – comment misinterpreted – not upheld This headnote does not form part of the decision. Broadcast [1] State of the Nation was broadcast on TV One at 8. 35pm on 10 June 2004. The programme was a panel and studio audience discussion, broadcast live, in which the participants discussed race relations issues between Māori and Pākehā in New Zealand....

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...

Decisions
Judge and Television New Zealand Ltd - 2017-078 (18 December 2017)
2017-078

Summary[This summary does not form part of the decision. ] A segment on Seven Sharp featured an interview between Mike Hosking and Jacinda Ardern on the day Ms Ardern became leader of the Labour Party. Mr Hosking questioned Ms Ardern about the state of the Labour Party and her leadership credentials, and also commented on what he believed to be the ‘chaotic’ state of the Labour Party and its chances of winning the 2017 General Election. The Authority did not uphold a complaint that the segment was unbalanced and inaccurate, finding that the broadcaster provided sufficient balance by allowing Ms Ardern a reasonable amount of time to answer the interview questions. The Authority also noted the significant amount of coverage the leadership change received during the period of current interest....

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
Donald and Television New Zealand Ltd - 2021-033 (2 August 2021)
2021-033

The Authority has not upheld a complaint about an item on Seven Sharp in which Hilary Barry made comments about the safety of the COVID-19 Pfizer vaccine and about ‘anti-vaxxers’, including suggesting those who do not want to be vaccinated could ‘jump on a ferry and go to the Auckland Islands for a few years, and then when we’ve got rid of COVID-19…come back’. The complaint alleged these comments breached the good taste and decency, discrimination and denigration, balance, accuracy and fairness standards, by suggesting the safety of the vaccine was almost without question, and denigrating those with a different view. The Authority found Ms Barry’s comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. It found the broadcast did not address a controversial issue so the balance standard did not apply....

Decisions
Smith and Television New Zealand Ltd - 2020-145 (31 March 2021)
2020-145

The Authority has not upheld a complaint about an episode of Shortland Street that included scenes of a man injecting another against his will, removing one of his organs, then drinking alcohol from a glass with a bloodied glove. In the context, including the programme’s nature, classification and intended audience, the Authority found the episode was unlikely to have caused widespread undue offence or distress, or undue harm to child viewers. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Catto and Television New Zealand Ltd - 2020-178 (22 June 2021)
2020-178

The Authority has not upheld a complaint about the use of food in an episode of Taskmaster NZ, a game show in which comedians are tasked with completing strange and whacky challenges. The complaint was that the wastage of food and playing with food was offensive and disrespected tikanga. The Authority found in the context of a game show intended to be entertaining and humorous, the content did not undermine community standards or cause harm that justified limiting the broadcaster’s right to freedom of expression. The Authority noted that the broadcaster acknowledged the complainant’s concerns relating to tikanga and had discussed this with its content team. Not Upheld: Good Taste and Decency...

Decisions
Zacharias and Television New Zealand Ltd - 2021-104 (27 October 2021)
2021-104

The Authority has not upheld a complaint that an episode of The Simpsons breached the good taste and decency, children’s interests and violence standards. Considering the relevant contextual factors, the Authority found the episode was unlikely to cause widespread undue offence or distress, to undermine widely shared community standards or to cause harm to children. The Authority considered the episode did not contain material beyond what viewers could reasonably expect from the programme. The Authority also found the item did not contain any graphic depictions of violence. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

Decisions
Powell and Television New Zealand Ltd - 2021-127 (20 December 2021)
2021-127

The Authority has not upheld a complaint that a 1 News report breached the accuracy standard by describing ivermectin as a drug for animals. The Authority found the accuracy standard was not breached as the statements were materially accurate and were not misleading. Not Upheld: Accuracy...

Decisions
O’Halloran and Television New Zealand Ltd - 2021-063 (15 September 2021)
2021-063

The Authority has declined to determine a complaint about the joking and flirtatious interactions between two males on a Breakfast programme segment. The Authority considered the complaint related to matters of personal preference and was not an appropriate use of its time and resources. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)...

Decisions
Turner and Television New Zealand Ltd - 2016-061 (14 October 2016)
2016-061

Summary[This summary does not form part of the decision. ]A ONE News item reported on a local murder trial and included footage of a witness giving evidence in court. The witness was named but his face was not shown and his voice was disguised. The Authority did not uphold a complaint from a member of the public that the item breached the witness’s privacy. While he was identifiable in the item, no private information was disclosed about him. The footage of the witness was taken during open court and there was no name suppression order in place. The evidence the witness gave at trial had already been widely reported by other media outlets at the time of broadcast. Therefore, the witness had no reasonable expectation of privacy over the information disclosed about him, and his privacy was not breached....

Decisions
Baxter and Television New Zealand Ltd - 2012-117
2012-117

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item allegedly contained comments that were inconsistent with BBC report – allegedly in breach of accuracy standardFindingsStandard 5 (accuracy) – broadcaster unable to locate comments specified by the complainant – Authority therefore unable to assess broadcasting standards against those comments – Authority declines to determine the complaint in all the circumstances under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] J M Baxter made a formal complaint to TVNZ about an item broadcast on One News at 6pm on 22 September 2012. He asserted that the item was inconsistent with a BBC report which quoted the United States Attorney General saying that New Zealand had opened its ports to US war ships....

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