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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Build a New Life in the Country – contained coarse language – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Action Taken – broadcaster upheld the complaint, apologised and took steps to prevent future mistakes – action taken sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Build a New Life in the Country (rated G) was broadcast on TV One at 7. 30pm on Saturday 7 June 2008. The series followed British couples as they pursued their dream homes and lifestyles. In the 7 June episode, Jason and Phillipa had bought a chateau in France and planned to renovate it and open it as a bed and breakfast. The episode tracked their progress over nine months. [2] At approximately 7....

Diane Musgrave declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1)(c) of the Broadcasting Act 1989Skin Doctors – footage of woman undergoing breast augmentation surgery and her consultations with her plastic surgeon – allegedly in breach of privacy Findings Standard 3 (privacy) – programme disclosed private facts about complainant – disclosure highly offensive – complainant did not give informed consent – no public interest – upheld Orders Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $5,000 Section 16(1) – payment of costs to the complainant $10,000 Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News At 4. 30 – report on a suicide bombing in Sri Lanka – showed footage of moments before and after the explosion – allegedly in breach of children’s interests and violence standards Findings Standard 9 (children's interests) and Standard 10 (violence) – no graphic material – appropriate warning given – complainant mistaken about content of item – broadcaster sufficiently considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News At 4. 30, broadcast on TV One at 4. 30pm on Wednesday 11 March 2009, reported that "dramatic pictures have emerged showing the moments just before a deadly suicide bombing attack on Muslims in Sri Lanka". The presenter warned viewers that "you may find the pictures disturbing"....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989Sunday – item on alleged police pack rape of Louise Nicholas – footage shown of former police house where rapes allegedly occurred – current house owner alleged item breached privacy and was unfair Findings Standard 3 (privacy) – no identification of current owner of house – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday reported on allegations of possible improper behaviour by the police, and a cover up in relation to accusations of rape by Louise Nicholas against three policemen. It was broadcast on TV One on 21 March at 7. 30pm. [2] The item included shots of the former police house where the rapes were alleged to have occurred. A car was shown in the driveway of the house....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – scene purported to show Shrek the sheep being slaughtered – allegedly breached good taste and decencyFindings Standard 1 (good taste and decency) – item not overtly graphic – contextual factors – not upheld This headnote does not form part of the decision. Broadcasts [1] An episode of Eating Media Lunch broadcast on TV2 on 8 June 2004 at 9. 30pm included a scene purporting to show “Shrek” the sheep being slaughtered and then skinned. Shrek came to national prominence after he was captured on a high country farm in central Otago where he had been hiding out for six years. He was shorn on national television and had a fleece weighing 27. 5kgs....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Sunday – items discussed suppressed evidence from the David Bain trial that had been released by the courts – allegedly unbalanced, inaccurate and unfair FindingsOne News Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item reported on the evidence released by the court in a neutral manner – contained comment from Mr Bain’s supporter Mr Karam – reporter explained reasons for the evidence being suppressed – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 Sunday Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item contained comment from those individuals whose evidence had been suppressed – contained comment from Mr Karam – Mr Bain treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – studio discussion between presenter Paul Holmes, Pastor Brian Tamaki from the Destiny Church and Georgina Beyer MP – reaction to the street march in which Destiny Church members protested against the proposed Civil Union Bill – allegedly inaccurate and unfairFindings Standard 5 (accuracy) – nothing inaccurate in item – not upheld Standard 6 (fairness) – item fair to all parties involved – not upheldThis headnote does not form part of the decision. Broadcast [1] Holmes on TV One on 24 August 2004 at 7pm included a studio discussion involving the presenter, Pastor Brian Tamaki from the Destiny Church and Georgina Beyer MP. [2] The discussion concerned the street march through Wellington the previous day in which Destiny Church members protested against the proposed Civil Union Bill....

Complaint An Audience with the King – offensive language – broadcaster failed to consider children’s viewing interests FindingsStandard 1 – majority – contextual matters – no uphold Standard 9 – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] An Audience with the King recorded the performance of stand-up comedian Mike King before a live audience. The programme was broadcast on TV2 at 9. 30pm on Friday 11 October 2002. [2] Graham Fox complained to Television New Zealand Ltd, the broadcaster, that the programme was offensive, and that it was irresponsible to have broadcast such material at a time when children were likely to be watching television. [3] In response, TVNZ said that the programme in context did not breach current norms of good taste and decency, and that it had considered the viewing interests of children....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Top of the Class – boy commented that playing the recorder was “gay” – allegedly encouraged denigration of and discrimination against homosexual peopleFindingsStandard 6 (fairness) and guideline 6g (denigration and discrimination) – boy used the word “gay” to mean “lame” or “stupid” – did not amount to the high level of invective required for a breach of the standard – not upheldThis headnote does not form part of the decision. Broadcast [1] Top of the Class was a reality entertainment programme, broadcast on TV One, in which New Zealand celebrities were paired with 10-year-old look-alikes and vied with each other in various competitions. In an episode broadcast at 7. 30pm on Sunday 11 June 2006, the contestants were learning how to play the recorder. One of the young schoolboys said “recorders is (sic) gay, extremely gay”....

ComplaintBig Train – skit insulted Christians – blasphemy – bad taste FindingsStandard G2 – legitimate humour – no uphold This headnote does not form part of the decision. Summary A skit during the comedy programme Big Train portrayed an employer and employee as a devil and a Christ-like figure respectively. The programme was broadcast on TV One at 11. 00pm on 17 April 2001. B S G Lambert complained to the broadcaster, Television New Zealand Ltd, that the broadcast ridiculed and offended Christians and breached standards of good taste. TVNZ did not consider that the programme had breached standards of good taste. It maintained that the skit had legitimately lampooned religion. Dissatisfied with TVNZ’s decision, B S G Lambert referred the complaint to the Broadcasting Standards Authority under section 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to uphold the complaint....

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tiger’s Tail – movie contained scene which combined sex and violence – allegedly in breach of standards relating to good taste and decency, law and order and violence FindingsStandard 10 (violence) – guideline 10c – depiction of rape required pre-broadcast warning – broadcaster did not exercise adequate care and discretion when dealing with the issue of violence – upheld Standard 2 (law and order) – movie did not glamorise rape, or otherwise promote or condone rape – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 10 No Order This headnote does not form part of the decision. Broadcast [1] A movie called The Tiger’s Tail was broadcast during TV One’s Sunday Theatre timeslot at 8. 30pm on Sunday 31 October 2010....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989One News – New Zealand Labour Party Opening Address included discussion about Capital Gains Tax – showed list of countries entitled “OECD countries with some form of tax capital” which included Singapore – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air TV Code – inclusion of Singapore in list graphic was not a material point of fact – Singapore was not referred to verbally – broadcaster and the Labour Party acknowledged that it was an error and it will not appear in future broadcasts – Opening Address not misleading or inaccurate – not upheld This headnote does not form part of the decision....

ComplaintOne News – Rodney Hide MP – "scam buster" – spoke at seminar in Fiji – affidavit that his presence gave investors confidence to invest – investment was a scam – inaccurate – unbalanced – unfair FindingsS. 4(1)(d) and Standard 4 – reasonable opportunities given – no uphold Standard 5 – not unfair – no uphold Standard 6 – inaccuracies (1) different use of the term "family"; (2) not a "self-proclaimed scam buster"; (3) affidavit not dated that day – uphold on these three points – no other inaccuracies No Order This headnote does not form part of the decision. Summary [1] An affidavit, which recorded that Rodney Hide MP’s presence as a speaker at an investment seminar in Fiji had given a man and his family the confidence to invest, was reported in an item broadcast on One News on 15 May 2002....

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989A Rotten Shame – investigated systematic failures in the building industry that led to the leaky homes crisis – reporter door-stepped building inspector who had inspected a house eleven years earlier which had since been demolished – portion of the interview included in the programme – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsAction taken: Standard 6 (fairness) – presenter’s approach in trying to obtain comment from Mr George by door-stepping him was unfair – broadcaster’s action in upholding the complaint and apologising to the complainant in its decision was inadequate – upheld Standard 6 (fairness) – other aspects of the programme were not unfair to the complainant – item focused on systematic failures which led to the leaky homes crisis rather than on the…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Dog Squad – Dog Squad carried out routine checks of vehicles entering prison grounds – searched complainant’s car and stated that “there was something in the car, or drugs had been used in the car” and “We are going to confiscate that, okay? ” – allegedly in breach of privacy Findings Standard 3 (privacy) – complainant identifiable – footage disclosed private facts – disclosure highly offensive – upheld Order Section 13(1)(d) – $750 compensation to complainant for breach of privacy This headnote does not form part of the decision.  ...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – introducing an item about events on Waitangi Day, the presenter referred to the Treaty of Waitangi as “the nation’s founding document” – description of Treaty allegedly inaccurateFindingsStandard 5 (accuracy) – reporter’s description of the Treaty as “the nation’s founding document” was not a material statement of fact to which the accuracy standard applied – description would not have misled viewers about the status of the Treaty – item not inaccurate or misleading – not upheld This headnote does not form part of the decision. Introduction [1] A One News item broadcast on Waitangi Day, 6 February 2013, covered the Prime Minister’s visit to, and reception at, Waitangi that day....

Summary [This summary does not form part of the decision. ] An episode of Renters showed the inspection of a rental property in circumstances where the tenant was not home. The Authority did not uphold the complaint that the broadcast breached the tenant’s privacy. By the time of this repeat broadcast in June 2013, the tenant had not lived at the property for some years, so she was not identifiable from the broadcast. Nevertheless the Authority expressed concern about the production company’s ‘usual practice’ of only notifying and obtaining consent from the landlord, and not the tenant. Not Upheld: Privacy Introduction [1] An episode of Renters showed the inspection of a rental property in circumstances where the tenant was not home. The programme was broadcast on 23 June 2013....

Download a PDF of Decision No. 1993-098–099:McElroy and Pryor and Television New Zealand Ltd - 1993-098, 1993-099 PDF802. 78 KB...