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Decisions
Chief Ombudsman (Sir Brian Elwood) and Television New Zealand Ltd - 2001-216
2001-216

ComplaintOne News – interview with Chief Ombudsman about tax-payer funded sex-change operation where health bureaucracy acted unfairly – incorrect impression portrayed of ombudsman’s decision contrary to agreement before interview – unfair – distortion Interlocutory Decision 2001-ID001 – order to TVNZ to supply field tape to the Authority Interlocutory Decision 2001-ID002 – order to supply field tape to the complainant FindingsStandards G4 and G19 – item explained issue dealt with in Chief Ombudsman’s ruling – extract did not distort Chief Ombudsman’s comments – Chief Ombudsman not dealt with unfairly – no uphold Standard G1 – item’s introduction inaccurate – upholdNo Order This headnote does not form part of the decision. Summary A ruling by the Ombudsman that a person seeking a taxpayer-funded sex-change operation had been treated unfairly by the health bureaucracy was dealt with in an item on One News, broadcast on TV One between 6. 00–7....

Decisions
Bladen and Television New Zealand Ltd - 2009-087
2009-087

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host read out an email from the complainant – pronounced complainant’s last name incorrectly – host made comments responding to the complainant’s email – allegedly in breach of privacy FindingsStandard 3 (privacy) – complainant not identifiable – people who provide feedback cannot expect anonymity – not upheld This headnote does not form part of the decision. Broadcast [1] During a Breakfast segment called “On This Day”, broadcast on TV One at 6. 45am on 24 June 2009, the host referred to the “Jakarta incident” saying: On this day in 1982, a British Airways Boeing 747 en route from London to Auckland lost power in all four engines when it flew into volcanic ash off Indonesia. The pilots managed incredibly to glide the plane through the cloud of ash before restarting the engines and landing safely....

Decisions
Group Against Liquor Advertising and Television New Zealand Ltd - 1999-120, 1999-121, 1999-122
1999-120–122

SummarySuper Liquor Sportsnight was broadcast on TVOne between 10:35–11:35pm on the evenings of 10, 17 and 24 May 1999. It is a specialist sporting programme and each episode looks at a number of topical issues. On behalf of the Group Against Liquor Advertising (GALA), Complaints Secretary Cliff Turner complained that each broadcast breached the standard which requires that the saturation of liquor advertising be avoided. The combined number of visual and verbal liquor sponsorship credits, together with liquor advertising screened during the commercial breaks, he wrote, amounted to 26 in the case of the first programme, 26 for the second and 22 for the third. A guideline to the Promotion of Liquor Code, he noted, limited the number of permissible references to liquor in hour long programmes to 20. TVNZ acknowledged that as the guideline had been exceeded, the standard had been breached on each occasion....

Decisions
Kake and Television New Zealand Ltd - 2010-022
2010-022

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Our Land – included footage of a disagreement between two men after one had hit the other’s child for being naughty – the men and their families shown discussing the incident – both men shown re-enacting how the child was hit – allegedly in breach of the law and order standard FindingsStandard 2 (law and order) – violent behaviour portrayed as unacceptable and anti-social – broadcast did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Our Land was broadcast on TV One at 7. 30pm on Sunday 3 January 2010. The programme followed three families trying to live the lives of Māori and European settlers in the 1800s....

Decisions
Boulton and Television New Zealand Ltd - 2009-031
2009-031

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989My Wife and Kids – adult character made references to sex life – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) and Standard 9 (children’s interests) – programme contained oblique and light-hearted sexual innuendo – mild sexual banter would have gone over the heads of younger viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of My Wife and Kids was broadcast on TV2 at 5. 30pm on Wednesday 11 February 2009. At the beginning of the programme, a family were shown sitting around their kitchen table eating when the mother announced that she wanted to open her own restaurant. The children left the room and the mother and father were left sitting at the table....

Decisions
de Villiers and Television New Zealand Ltd - 2008-089
2008-089

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that emails between employees were crucial evidence in the prosecution case of the founder of a failed finance company – six email addresses were shown on screen – allegedly in breach of privacy Findings Standard 3 (privacy) – no identifiable individuals linked to email addresses – 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 August 2008, reported that “a series of emails between Bridgecorp employees has become crucial evidence in the prosecution case against the finance company’s founder”. Bridgecorp’s former executive directors had allegedly raised millions of dollars from investors knowing that the company was in default....

Decisions
Leonard and Television New Zealand Ltd - 2003-089
2003-089

Complaint One News – war in Iraq – weapons of mass destruction described as cause of the war – inaccurate FindingsStandard 5 – expression of opinion – no uphold This headnote does not form part of the decision. Summary [1] Weapons of mass destruction were described as the "whole cause" of the war in Iraq in a news item reporting on the day’s events in Basra, broadcast on One News at 6. 00pm on 8 April 2003. [2] Bill Leonard complained to Television New Zealand Limited, the broadcaster, that the statement was inaccurate and should have been introduced with the words, "The US claims that …". [3] In response, TVNZ contended that the true causes of any war required an historical perspective. It also argued that the reporter advanced the claim with some scepticism....

Decisions
Noble and Television New Zealand Ltd - 2011-117
2011-117

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – police interviewed a man with cerebral palsy, Bradley, who was the victim of an alleged assault and robbery – police detective allegedly told Bradley that the filming was for Police Ten 7 but no further explanation was given – made comments that questioned the veracity of Bradley’s story and showed footage of his high-heeled shoes – allegedly in breach of standards relating to privacy, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – Bradley was not fully informed of the nature of the programme and his participation and there was insufficient public interest to justify the broadcast of the footage (guideline 6c) – Bradley treated unfairly – upheld Standard 3 (privacy) – Bradley was identifiable but no private facts were disclosed and filming was in a public place – Bradley was not particularly vulnerable – not upheld Standard…...

Decisions
Bird and Television New Zealand Ltd - 2012-111
2012-111

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

Decisions
Richardson and Television New Zealand Ltd - 2001-040, 2001-041
2001-040–041

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Decisions
Carapiet and Television New Zealand Ltd - 2001-119
2001-119

ComplaintOne News – collapse of floor during wedding celebration in Jerusalem – amateur footage of moment of collapse – gratuitous and sensationalist – breach of good taste and decency FindingsStandard G2 – footage a legitimate part of news item – not especially graphic – no uphold Standard V12 – action taken by broadcaster sufficient – no uphold This headnote does not form part of the decision. Summary An item broadcast on One News at 6pm on 26 May 2001 reported on a civil disaster in Israel, in which the floor of a building in Jerusalem had collapsed during a wedding party, killing 30 people and injuring hundreds more. The item featured amateur video footage from the wedding celebration, including the moment the floor collapsed. J Carapiet complained to Television New Zealand Ltd, the broadcaster, that the broadcast breached standards of good taste and decency....

Decisions
Petterson and Television New Zealand Ltd - 2000-037
2000-037

Summary The promo for a 60 Minutes programme was broadcast on TV One between 5. 30–6. 00pm prior to 24 October 1999 and featured the author of a book on female erotica. Referring to a passage in her book, she asked "who wants to have a silent orgasm? " Mr Petterson complained to Television New Zealand Ltd, the broadcaster, that this remark "transcends acceptable behaviour in a family home". He objected to its broadcast at an early hour when young children would be watching television and suggested that it could be embarrassing for parents if their children asked what the question meant. In its response, TVNZ emphasised that as the word "orgasm" was not in itself offensive, it did not see how it could cause harm to children....

Decisions
McCarron and Television New Zealand Ltd - 2010-160
2010-160

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made comments about a celebrity’s breasts, “Get your girls out” – in another segment host referred to music album, “Sex on Fire”, before stating, “Gonorrhoea anyone? ” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – comments not to everyone’s taste but would not have offended regular Breakfast viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Breakfast, broadcast on TV One at approximately 7. 30am on Tuesday 19 October 2010, reported on a well-known New Zealand jeweller who had enlisted the help of an international celebrity to boost his publicity while promoting a competition in New York....

Decisions
Holden and Television New Zealand Ltd - 2011-029
2011-029

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Closer – scene involving internet sex-chat contained sexually explicit dialogue – use of the words “fuck” and “cunt” – allegedly in breach of discrimination and denigration, and responsible programming standards FindingsStandard 8 (responsible programming) – Authority has previously found that the movie was appropriately classified AO and screened at 8. 30pm – not upheld Standard 7 (discrimination and denigration) – complainant did not identify a section of the community which she considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision. Broadcast [1] Closer, a film based on a play by Patrick Marber which followed the love affairs of two couples, was broadcast on TV One at 8. 30pm on Saturday 19 February 2011. [2] At approximately 8. 40pm, one of the characters used the word “fuck”....

Decisions
Hamilton and Television New Zealand Ltd - 1990-004
1990-004

Download a PDF of Decision No. 1990-004:Hamilton and Television New Zealand Ltd - 1990-004 PDF736. 19 KB...

Decisions
Eddy and Television New Zealand Ltd - 2014-087
2014-087

Summary [This summary does not form part of the decision. ] A Seven Sharp item reporting on a forecast increase in New Zealand’s rat, mice and stout population due to a beech mast event, contained footage of 1080 pellets and an aerial 1080 drop. The Authority did not uphold the complaint that the item was unbalanced because it did not present the anti-1080 viewpoint. The item’s focus was not the use of 1080 so it was not necessary to put forward views for and against its use, but in any case the broadcaster alluded to three earlier items on this specific beech mast event which did refer to alternative views....

Decisions
Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-174
1993-174

Download a PDF of Decision No. 1993-174:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-174 PDF216. 25 KB...

Decisions
McNair and Television New Zealand Ltd - 1993-042
1993-042

Download a PDF of Decision No. 1993-042:McNair and Television New Zealand Ltd - 1993-042 PDF331. 38 KB...

Decisions
Webb and Television New Zealand Ltd - 1995-095
1995-095

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 95/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALLAN E WEBB of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
McBride and Television New Zealand Ltd - 1995-126
1995-126

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 126/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

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