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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 136/95 Decision No: 137/95 Dated the 30th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DISTRICT POLICE COMMANDER of Northland and CIVIL AVIATION AUTHORITY Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

SummaryA telephone poll, organised by the Holmes programme, invited viewers to phone in to express their support for a minority government under the present Prime Minister. The results of the poll were reported on 13 August in the Holmes programme broadcast between 7. 00–7. 30pm and Tonight broadcast about 9. 40pm. Mr Carapiet complained to Television New Zealand Ltd that the extensive coverage of the poll results on both Holmes and Tonight contrasted with the very brief report of the results of another poll two weeks previously. He noted that the earlier poll had only been reported on Holmes and not on Tonight, and argued this demonstrated that the broadcaster was not impartial. TVNZ responded first that selection of material for a news bulletin was a matter of editorial discretion....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-057 Dated the 28th day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D S ROBERTS of Kaikoura TELEVISION NEW ZEALAND LIMITED Broadcaster L M Loates R McLeod J Withers...

ComplaintEarth Report – documentary – BBC World – child’s nudity – breach of privacy FindingsPrivacy – child not exploited – nudity not sexualised – decline to determine This headnote does not form part of the decision. Summary Highlights from Earth Report broadcast on 5 September at 12. 35pm on TV One examined the present circumstances of two children born in 1992, the year the UN Earth Summit was held in Rio de Janeiro. One of the children featured was from China and the other from a nomadic herding tribe in Northern Kenya. The programme included a shot of the Kenyan boy being bathed. Craig McDowall complained to the Broadcasting Standards Authority under s. 4(1)(c) of the Broadcasting Act that the Kenyan child’s privacy was breached when he was filmed fully naked....

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 18/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CLIFF TURNER of Hamilton Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Download a PDF of Decision No. 1993-149:Group Opposed to Advertising of Liquor and Alcohol Healthwatch and Television New Zealand Ltd - 1993-149 PDF487. 39 KB...

Download a PDF of Decision No. 1992-083:Smits and Television New Zealand Ltd - 1992-083 PDF350. 5 KB...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with Frank Bainimarama – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – Mr Bainimarama is a controversial political figure who should expect robust criticism – Mr Bainimarama dealt with fairly – not upheld Standard 5 (accuracy) – complainant did not identify any statements of fact that were inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sunday, broadcast on TV One at 8. 30pm on Sunday 15 November 2010, featured an interview with Frank Bainimarama. The presenter introduced the item by saying: When Commodore Frank Bainimarama expelled our High Commissioner from Fiji last week, it was just the latest in a string of tit-for-tat showdowns. . . He’s resisted being interviewed about the diplomatic stand-off until now....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on the standard of care in rest homes in New Zealand – producer went undercover as a caregiver for five days in a rest home on Auckland’s North Shore – presenter and undercover producer raised a number of concerns regarding the quality of care being provided in the rest home – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – owners provided with an adequate opportunity to respond to allegations – broadcaster made reasonable efforts to provide significant viewpoints on the controversial issue discussed – not upheld Standard 5 (accuracy) – undercover producer’s opinions and impressions not statements of fact – decline to determine whether undercover producer contracted an MRSA infection from rest home – not upheld Standard 6 (fairness) – legitimate use of covert filming – in the public interest to broadcast the material – item treated…...

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reviewed political career of Helen Clark – allegedly unbalanced Findings Standard 4 (balance) – item offered limited historical review of Helen Clark's time in Parliament – no discussion of a controversial issue of public importance – 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 9 November 2008, reviewed the political career of the then leader of the Labour Party, Helen Clark, who was defeated in the New Zealand general election held the previous day. The One News presenter introduced the item by saying: So let's take a look at how Helen Clark's career stacks up. She is Labour's longest serving leader and the only one to win three terms as Prime Minister....

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....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item on duck hunting – hunter pointed a rifle at the camera – allegedly in breach of good taste and decency, law and order and violence Findings Standard 2 (law and order) – hunter’s action was intended to be humorous and light-hearted – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 2 Standard 10 (violence) – subsumed into consideration of Standard 2 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at approximately 6....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on recent memorial to Māori Battalion in Gisborne – noted Maori Battalion had highest casualty rate of any New Zealand unit in the war – allegedly inaccurateFindingsPrinciple 5 (accuracy) – ambiguity in words used – complainant and broadcaster took different meaning from words – unable to determine accuracy – declined to determine under s11(b) of Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News on 11 July 2004 noted the unveiling of a memorial to the Māori Battalion which fought in the Second World War. The item included the statement: By the time the Māori Battalion arrived home, they’d suffered the highest casualty rate of any unit in the war, 680 men killed....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on the death of a jockey resulting from a fall – item showed images of the fall – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindings Standard 1 – news unclassified – images relevant to news item – not graphic – not upheld Standard 7 – contextual factors – no warning required – not upheld Standard 9 – news item – unclassified – not upheld Standard 10 – tragic accident – violence standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] One News broadcast an item on 27 March 2005 at 6pm on TV One concerning the death of a young jockey resulting from his fall during a race....

SummaryA political advertisement for the ACT party broadcast on 23 November 1999 at 6. 51am referred to its policy to resolve all Treaty claims. Both ACT’s and National’s policies for resolving Treaty matters were referred to at various times during the election campaign. William Powell complained to Television New Zealand Ltd, the broadcaster, that it was responsible for disseminating incorrect and unconstitutional information which would have misled and confused the public. He emphasised that Treaty matters were not for political parties to decide, and pointed to historical evidence which he said supported his view. He noted that the point was now before the Court of Appeal for adjudication. TVNZ noted that the substance of the complaint was very similar to another lodged by the same complainant, and that it had not been upheld when it was referred to the Broadcasting Standards Authority for review....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on police corruption – presenter interviewed Police Association President, former police officer and a defence lawyer – allegedly unbalanced FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – interviewees given sufficient opportunity to comment on the issue and present their perspectives – broadcaster made reasonable efforts to present significant viewpoints on the topic – 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 Tuesday 19 October 2010, reported on allegations of police corruption in an historical murder case. The presenter conducted a live studio interview with a former police officer who had been involved in the case, and a defence lawyer, who said that an investigation into current police corruption was required....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Lord of the Rings: The Fellowship of the Ring – characters referred to smoking “weed” and “leaf” – allegedly in breach of broadcasting standardsFindingsStandard 2 (law and order) – references to “weed” and “leaf” did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] During The Lord of the Rings: The Fellowship of the Ring, characters made two brief references to “weed” and “leaf”. Bilbo Baggins the hobbit, and Gandalf the wizard, were shown smoking pipes as Bilbo commented, “Old Toby, the finest weed in the South Farthing. ” Later, Gandalf said to Saruman the wizard, “All these long years [the ring] was in the Shire, under my very nose”....