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Decisions
Lubinska and Rowland and Television New Zealand Ltd - 2008-046
2008-046

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at a couple running the One World Foundation who had been banned from Samoa because of allegations regarding the legitimacy of their work – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – complainants were treated fairly – chosen interview excerpts fairly represented the complainants’ position – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 10 March 2008, reported that “a New Zealand-based couple’s been banned from Samoa for life after being accused of taking freebies in the name of charity”....

Decisions
Browne and Television New Zealand Ltd - 2001-089
2001-089

ComplaintBig Brother – offensive behaviour – nudity – immorality – inappropriate for broadcast at 6. 30pm – unsuitable for children FindingsStandard G2 – adult themes – unsuitable for G timeslot – uphold Standard G8 – G classification incorrect – uphold Standard G12 – broadcaster not mindful of effect of broadcast on children – uphold No Order (but recommendation for a written apology) This headnote does not form part of the decision. Summary Big Brother is a television series which features a group of people who are confined in a house in Australia and continuously monitored by cameras. It is broadcast on TV2 at 6. 30pm Tuesdays to Saturdays. On Monday's Big Brother is broadcast at 6. 00pm. For the first two weeks the series was screened, the programme was broadcast on Mondays at 6. 30pm....

Decisions
Cooper and Television New Zealand Ltd - 2005-127
2005-127

Complaint under section 8(1)(a) of the Broadcasting Act 1989Election 2005 and Close Up – debates between Prime Minister and Leader of the Opposition, and Labour and National parties’ finance spokespersons, prior to the 2005 General Election – allegedly unbalancedFindingsStandard 4 (balance) – complaint a matter of viewer preferences – no issue of broadcasting standards arose – decline to determineThis headnote does not form part of the decision Broadcast [1] TVNZ broadcast two political programmes on TV One prior to the 2005 general election. The first was Election 2005, a live studio debate featuring the Prime Minister Rt Hon Helen Clark and National Party leader Dr Don Brash, screened on 22 August 2005. [2] The second was Close Up, which involved a studio discussion without an audience between Labour’s finance spokesperson, the Hon Dr Michael Cullen, and National’s finance spokesperson John Key, broadcast on 23 August 2005....

Decisions
Wilton and Television New Zealand Ltd - 2004-117, 2004-118
2004-117–118

Complaints under section 8(1)(c) of the Broadcasting Act 1989 Holmes – two items about allegations of sexual abuse against former church worker – described in second item as “sexual monster” – named and photographs shown – alleged breach of privacy – second item included recent footage of church worker allegedly taken without permissionFindings Standard 3 (Privacy) and Guideline 3a – Privacy Principles (i), and (iv) – disclosure was a breach of privacy principle (i) but justified in the public interest – not upheld Standard 3 (Privacy) and Guideline 3a – Privacy Principles (iii) – footage of man taken from public place – not upheld This headnote does not form part of the decision. Broadcast [1] Allegations of sexual abuse by the former supervisor at an orphanage run by the Presbyterian Church in the 1970s were made in items on Holmes broadcast on TV One at 7....

Decisions
Hooker and Television New Zealand Ltd - 2002-037
2002-037

Complaint60 Minutes – promo – clip of Norm Hewitt – use of word "shit" – offensive language – breach of good taste and decency – breach of classification codes and time bands – not mindful of the effect on children – explicit material unacceptable in a promo FindingsStandard G2 – quietly used vernacular figure of speech – context – no uphold Standard G8 – appropriate classification – no uphold Standard G12 – important social message for younger viewers – no uphold Standard G24 – no violence or other explicit material – not relevant This headnote does not form part of the decision. Summary [1] A promo for the current affairs programme 60 Minutes contained a 30-second clip of professional rugby player, Norm Hewitt. It was broadcast on 20 October 2001 at 6. 35pm during One News....

Decisions
Barker and Television New Zealand Ltd - 2000-194
2000-194

ComplaintNews item about magazine for divorced people – offensive behaviour – picture of nude couple having sex FindingsStandard G2 – not inappropriate subject matter – momentary image – no uphold Standard G12 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary Divorced people were providing a new market for entrepreneurs in the magazine industry, according to a news report on One News broadcast on 28 September 2000 at about 6. 20pm. Pages which were shown from a magazine included a picture of an apparently nude couple. Glenyss Barker, secretary of Viewers for Television Excellence (VOTE), complained to Television New Zealand Ltd, the broadcaster, about the picture, which she said showed a nude couple having sex. She said it was inappropriate for broadcast at a time when children would be watching television....

Decisions
Rupa and Television New Zealand Ltd - 2010-012
2010-012

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – “On This Day” segment referred to financial markets crash in 1929, advances in the Cuban missile crisis in 1962, dedications to two famous monuments and birthdays of famous people – viewer feedback pointed out that it was also the date the New Zealand Declaration of Independence was signed in 1835 – allegedly in breach of controversial issues and accuracy FindingsStandard 4 (controversial issues – viewpoints) – segment did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – signing of the Declaration was referred to in viewer feedback – viewers would not have been misled by the omission of information about the Declaration in the segment – not upheld This headnote does not form part of the decision. Broadcast [1] During Breakfast, broadcast on TV One between 6....

Decisions
Clancy and Television New Zealand Ltd - 2012-086
2012-086

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – guest presenter commented, in relation to web video of children’s television presenter Roger Waters, “suddenly there’s LSD in the water” – allegedly in breach of law and order, responsible programming, and children’s interests standards FindingsStandard 2 (law and order) – presenter’s comment was brief and light-hearted – viewers would not have been encouraged to break the law – children would not have understood the comment – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comment would not have distressed or alarmed viewers – not upheld Standard 9 (children’s interests) – comment was silly and oblique – children would not have appreciated its meaning, and would not have been encouraged to take LSD – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Ward and Television New Zealand Ltd - 2013-021
2013-021

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Seven Sharp – in reference to the ongoing Novopay debacle, the presenter stated, “how many of us still give a toss? ” – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – Authority declines to determine the complaint on the basis it is frivolous in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] A promo for Seven Sharp, a New Zealand current affairs and entertainment show, contained the following dialogue: Presenter 1: Happy six-month anniversary, Novopay. Look at you, you’ve been an absolute dream come true [sarcastic voice]. Presenter 2: Yes, it’s the relationship from hell for teachers and the pay system, but be honest, how many of us still give a toss?...

Decisions
Fischer and Television New Zealand Ltd - 1995-106
1995-106

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 106/95 Dated the 5th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCIS FISCHER of Dipton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Smits and Television New Zealand Ltd - 1996-012
1996-012

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-012 Dated the 8th day of February 1996 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 M Potter Chairperson L M Loates R McLeod A Martin...

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
Barker and Television New Zealand Limited - 1999-011
1999-011

SummaryA trailer for the AO-classified programme Water Rats was shown during the PGR-classified programme Party of Five at about 8. 03 pm on TV2 on 17 November 1998. Mrs Barker complained to Television New Zealand Limited, the broadcaster, that the trailer showed a couple in bed, clearly naked and kissing. There was a clear inference that they were having sex, she contended. Given the time of broadcast, the behaviour shown was distressing, she wrote, and was best kept to private bedrooms. The trailer also did not show acceptable behaviour for the time band within which it was screened, Mrs Barker said. TVNZ responded that the scene in the trailer was very brief, contained no frontal nudity and only implied sexual activity. It had screened during a programme which contained references to sexual activity, and in context it was not unsuitable viewing for children under the guidance of an adult....

Decisions
Delahunt and Television New Zealand Ltd - 2004-048
2004-048

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item describing shooting down in Iraq of US military helicopter by “enemy fire” – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – balance provided in period of current interest – not upheld Standard 5 (accuracy) – not inaccurate in this context – not upheld This headnote does not form part of the decision. Broadcast [1] An item which described the shooting down in Iraq of a US military helicopter by “enemy fire” was broadcast on One News on 3 January 2004 at 6. 00pm. Complaint [2] Simon Delahunt complained to Television New Zealand Ltd, the broadcaster, that describing Iraqis as the “enemy” was unbalanced and inaccurate. In his view, the use of this: … subjective, generic term forg[ed] an identification between the New Zealand viewer and the occupier of Iraq....

Decisions
Jenkins and Television New Zealand Ltd - 2002-062
2002-062

ComplaintLate Edition – news item – Solicitor General to appeal sentences of two convicted murderers, Dartelle Alder and Colin Bouwer – complainant convinced Mark Burton shown in item – breach of good taste and decency – inaccurate FindingsStandards 1 and 5 – complainant mistaken – Mark Burton not shown in item – no uphold This headnote does not form part of the decision. Summary [1] An item on Late Edition broadcast on TV One at 10. 45pm on 16 January 2002 reported that the Solicitor General was to appeal the sentences of two convicted murderers, Dartelle Alder and Colin Bouwer. The item included footage of the two men. [2] Ron Jenkins complained to Television New Zealand Ltd, the broadcaster, that the item included footage of Mark Burton, who was found not guilty on the grounds of insanity of murdering his mother....

Decisions
Niumata and Television New Zealand Ltd - 2002-166
2002-166

ComplaintBehind the Scenes – Ali G in da house – offensive behaviour FindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] The programme Behind the Scenes – Ali G in da house was broadcast on TV 2 at 10. 45pm on 16 July 2002. [2] Angela Niumata complained to Television New Zealand Ltd, the broadcaster, that the programme included a sequence where the main character performed a suggestive and offensive act upon another character. [3] In declining to uphold the complaint, TVNZ said that in the context of adult comedy, the scene complained about did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Ms Niumata referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
Trowbridge and Television New Zealand Ltd - 2001-058
2001-058

ComplaintFair Go – rare breeds of sheep put in care as owner had cancer – organiser of care took two flocks herself – owner sought to recover sheep – care organiser believed she owned sheep – no contract – inaccurate – unclear – unbalanced – editing which distorted FindingsStandard G4 – inadequate opportunity to respond – uphold Standards G1, G3, G6, G7, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary David Tuart, an owner of some rare sheep species, required treatment for cancer. Dr Beverley Trowbridge, a fellow breeder of rare sheep species, arranged for his flocks to be distributed among other farmers. After Mr Tuart had been treated, Dr Trowbridge refused to return some of the sheep as she believed that she had been given ownership of them....

Decisions
Johnson and Television New Zealand Ltd - 2010-152
2010-152

One News item available for viewing on TVNZ’s website – issue as to Authority’s jurisdiction to consider complaint FindingNot “broadcasting” within the terms of the Broadcasting Act 1989 – no jurisdiction to consider complaint This headnote does not form part of the decision. Broadcasts [1] A One News item, which was broadcast on TV One on 15 May 2010, was subsequently available to be viewed on TVNZ’s website. Complaint [2] Through his solicitor, James Johnson made a complaint about the One News item to Television New Zealand Ltd. He acknowledged that, as more than 20 working days had passed since the television broadcast of that item had occurred, he was unable to make a formal complaint about that broadcast. However, he argued, because the item was still available for viewing on TVNZ’s website his complaint was within the 20 working day timeframe....

Decisions
Williamson and Television New Zealand Ltd - 2015-061 (1 December 2015)
2015-061

Summary[This summary does not form part of the decision. ]During ONE News at Midday, TVNZ’s sports presenter reported the New Zealand women’s hockey team’s loss in a World League semi-final match. She said, ‘The one consolation, though – Australia hasn’t progressed either’. The Authority declined to uphold a complaint that this comment was ‘nasty’ and ‘spiteful’. It is common for sports reporting to refer to the long-standing trans-Tasman rivalry and most viewers would not have been offended in this context. Not Upheld: Good Taste and Decency, Controversial Issues, Responsible ProgrammingIntroduction[1] During ONE News at Midday, TVNZ’s sports presenter reported the New Zealand women’s hockey team’s loss in a World League semi-final match. She said, ‘The one consolation, though – Australia hasn’t progressed either. The two teams will play off for third place on Sunday and if the Kiwis can beat them, they’ll qualify for the Rio Olympics’....

Decisions
Zohrab and Television New Zealand Ltd - 1995-007
1995-007

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 7/95 Dated the 13th day of February 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER ZOHRAB of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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