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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
Baxter and Television New Zealand Ltd - 2004-221
2004-221

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – item about the delay in election results from the Wellington local body elections – reporter described the Single Transferable Voting (STV) system as “discredited” – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – focus of item not on STV system – no balance required on STV issue – not upheld Standard 5 (accuracy) – in light of focus of item, word “discredited” referred to administration of STV system, not system itself – sufficient basis for reporter to use word accurately in this context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Tonight on TV One at around 10. 35pm on 20 October 2004 reported that, twelve days after the local body election, the final vote for the Wellington City Council had been announced....

Decisions
Diamond and Television New Zealand Ltd - 2003-011, 2003-012
2003-011–012

Complaint Choppers – rescue series – intrusion into grief – breach of privacy – complainant said consent to broadcast withheld FindingsPrivacy – conflict as to whether consent given – decline to determine Standard 5 – item not news, current affairs or documentary – no uphold Standard 6 – majority – footage indistinct and fleeting – similar to that which would be used in news item – informational content – no uphold – minority – complainant identifiable and clearly in shock – friend obscured – unfair This headnote does not form part of the decision. Summary [1] The series Choppers followed the activities of a helicopter rescue service. The rescue of a young woman who had fallen down a cliff was shown in the episode broadcast at 7. 30pm on TV2 on 8 August 2002. [2] Christine Diamond, the woman rescued, complained to the Broadcasting Standards Authority under s....

Decisions
W and Television New Zealand Ltd - 1998-168, 1998-169
1998-168–169

Summary Pictures of a crashed, burning light aeroplane, the only one of its kind in New Zealand, were shown on One Network News on 28 August 1998 beginning at 6. 00pm. It was reported that two people had been killed in the accident. W complained to Television New Zealand Ltd, the broadcaster, that the broadcast constituted a breach of privacy and good taste. She pointed out that as the widow of one of those killed, she had not at that stage been informed of the accident. She complained that in its haste to get the item to air, TVNZ had omitted to consider the feelings of the widows and families of the two men killed. She contended that it must have known that there had not been sufficient time to inform the families....

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
Crouch and Television New Zealand Ltd - 2005-043
2005-043

Complaint under section 8(1)(a) of the Broadcasting Act 1989Billy Connolly’s World Tour of New Zealand – repeated use of the word “fuck” by comedian – allegedly in breach of good taste and decency standardsFindings Standard 1 (good taste and decency) – language not unexpected – contextual factors – clear warning given – not upheldThis headnote does not form part of the decision. Broadcast [1] Billy Connolly’s World Tour of New Zealand was broadcast on TV One at 9. 40pm on 3 April 2005. The programme followed the well-known Scottish comedian around New Zealand, and included extracts from his live stage appearances. Complaint [2] W A Crouch made a formal complaint to Television New Zealand Ltd, the broadcaster, in respect of the comedian’s repeated use of the word “fuck”....

Decisions
McDonald and Television New Zealand Ltd - 2008-127
2008-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News Tonight – item reported on an Auckland homicide – allegedly in breach of privacy Findings Standard 3 (privacy) – decline to determine in all the circumstances under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News Tonight, broadcast on TV One at 10. 30pm on 26 September 2008, reported that a man had been stabbed and killed in Auckland. In the first part of the item, a reporter stated that, "[The victim’s] family arrive at the murder scene today, facing the tragic loss of a loved one", accompanied by a shot of three men peering into an area covered by a tarpaulin. The reporter also quoted a sympathy card left at the crime scene, saying, "What a tragic waste of a fine life. ....

Decisions
QW and Television New Zealand Ltd - 2007-089
2007-089

Chair Joanne Morris declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item reported on the use of anti-depressants – excerpts from a radio talkback show were used in the item – two excerpts involved the complainant discussing her use of anti-depressant drugs – allegedly in breach of privacy The Authority’s DecisionStandard 3 (privacy) – complainant not identifiable in the item – item did not disclose any private facts – not upheld This headnote does not form part of the decision. Broadcast [1] An item on the 20/20 programme, broadcast on TV2 at 9. 30pm on 30 August 2007, examined the use of the anti-depressant drug Aropax and the difficulty some people had experienced when trying to stop using it. The item included excerpts from a radio talkback discussion concerning the use of anti-depressants....

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
Rupa and Television New Zealand Ltd - 2011-055
2011-055

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Waitangi: What Really Happened – docu-drama about events leading up to the signing of the Treaty of Waitangi – allegedly in breach of controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Waitangi: What Really Happened was broadcast on TV One at 8. 30pm on Sunday 6 February 2011. The programme was a docu-drama following the events leading up to the signing of the Treaty of Waitangi in 1840....

Decisions
Moore and Television New Zealand Ltd - 2012-107
2012-107

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item interviewed Christchurch women who wanted to cancel their gym contracts due to the closure or relocation of premises – reported that Configure Express Northlands had relocated but that members could not cancel their contracts without incurring financial loss – barrister gave legal advice that the contracts had been frustrated and were unenforceable – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – item contained comments from two women which suggested their issues related solely to relocation, that the gym refused to refund them and that they would be significantly out of pocket – omitted important information about the women’s individual circumstances – impression not mitigated by opportunity given to the complainant to respond to the issues – reasonable to expect Fair Go to adhere to the same high standards the programme imposes on others – complainant…...

Decisions
Turner and Television New Zealand Ltd - 1993-127
1993-127

Download a PDF of Decision No. 1993-127:Turner and Television New Zealand Ltd - 1993-127 PDF215. 44 KB...

Decisions
Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-045
1992-045

Download a PDF of Decision No. 1992-045:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-045 PDF316. 8 KB...

Decisions
TJ and Television New Zealand Ltd - 2013-092
2013-092

Summary [This summary does not form part of the decision. ]The opening title sequence of an episode of Neighbours at War showed a brief image of the complainant looking at the camera and giving the finger. The Authority upheld the complaint that this breached the complainant’s privacy. The footage of his private property had been filmed more than eight years earlier, and the complainant had made it clear he wanted no involvement in the programme. Despite repeated objections, his image continued to appear in the opening titles of series four of the programme. Upheld: PrivacyOrder: Section 13(1)(d) – costs to the complainant for breach of privacy $1,000Introduction[1] The opening title sequence of an episode of Neighbours at War showed a brief image of a man looking at the camera and giving the finger. The episode was broadcast on 5 December 2013 on TV2....

Decisions
Moffat and Television New Zealand Ltd - 2014-161
2014-161

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, presenter Mike Hosking read out a letter from a disgruntled viewer about comments he had made during an earlier episode about music group One Direction. The letter contained numerous expletives which were 'beeped' out during the broadcast. The Authority did not uphold a complaint that the 'disgusting' language was contrary to good taste and decency and children's interests. Beeping is a commonly employed broadcasting technique to mask potentially offensive language. While most viewers would have discerned what the words were, in the context of an unclassified current affairs programme targeted at adults, which is known for being humorous and at times provocative, the segment did not threaten standards....

Decisions
Turver and Television New Zealand Ltd - 2016-032 (25 July 2016)
2016-032

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the upcoming flag referendum and featured an interview with an Australian advocate for changing the flag. The Authority did not uphold a complaint that presenter Mike Hosking ‘encouraged the New Zealand public to vote a certain way by reiterating his own prejudices and then using an Australian broadcaster to support his own views’. While Mr Hosking made his view in support of changing the flag known, the alternative view was adequately presented during the item. Given the widespread coverage of the flag referendum, viewers could also reasonably be expected to be aware of significant perspectives on the issue, and would not have been deceived or disadvantaged as a result of this item. Not Upheld: Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Seven Sharp discussed the upcoming flag referendum....

Decisions
Ball and Television New Zealand Ltd - 2016-074 (15 December 2016)
2016-074

Summary[This summary does not form part of the decision. ]An episode of Cold Feet, a British comedy-drama series which followed the intertwining lives of three couples at different stages in their relationships, contained sex scenes. The Authority did not uphold a complaint that the sex scenes breached the children’s interests and good taste and decency standards. Cold Feet was not targeted at child viewers, it was classified Adults Only and broadcast during an appropriate timeband, and was preceded by a specific warning for sex scenes. The level of sexual content was not overly explicit and was justified by the episode’s narrative context. Overall the broadcaster adequately ensured child viewers could be protected from adult content, and the episode would not have offended or surprised the general viewing audience....

Decisions
Lowry and Television New Zealand Ltd - 2018-051 (10 August 2018)
2018-051

Summary[This summary does not form part of the decision. ]An item on 1 News discussed former MP Steven Joyce’s valedictory speech in Parliament. The item focused on Mr Joyce recounting in his speech an incident where he had a sex toy thrown at him at Waitangi several years earlier. Footage was shown of Mr Joyce recounting this story during his speech, and of the incident at Waitangi. The Authority did not uphold a complaint that this broadcast and in particular showing the footage of the sex toy breached the good taste and decency standard. Given the incident was newsworthy and attracted widespread coverage at the time, as well as the light-hearted nature of Mr Joyce’s speech, and the broadcast’s target audience, the Authority found the broadcast was unlikely to cause widespread undue offence or distress....

Decisions
Bartlett and Television New Zealand Ltd - 2018-093 (4 February 2019)
2018-093

Warning: This decision contains language that some readers may find offensiveSummary[This summary does not form part of the decision. ]During an interview on Breakfast about a proposed cull of Himalayan tahr, the Minister of Conservation, Hon Eugenie Sage, appeared to use the word ‘cunters’ when referring to the educational effort undertaken by tahr hunters. The Authority did not uphold a complaint that the Minister’s use of this word during this interview breached the good taste and decency and discrimination and denigration standards. The use of the word was an accidental slip of the tongue and it was clear that the Minister intended to refer to ‘hunters’ during this section of the interview. The use of the word was not deliberate nor was it used with any malice or invective....

Decisions
Staples & Claims Resolution Service Ltd and Television New Zealand Ltd - 2019-038 (30 September 2019)
2019-038

The Authority did not uphold a complaint that an episode of Sunday about legal proceedings brought against Claims Resolution Service Ltd breached the accuracy or fairness standards. The programme discussed the service provided by Bryan Staples and Claims Resolution Service Ltd to Christchurch home owners looking for help to resolve claims with their insurance companies and the Earthquake Commission after the Canterbury earthquakes. The Authority found that none of the statements made about the proceedings raised by the complainants were inaccurate or misleading. The Authority also found that the edited version of a phone call between Mr Staples and John Campbell that was broadcast fairly and accurately reflected the tenor of the views expressed by Mr Staples. Finally the Authority found that TVNZ gave Mr Staples a fair and reasonable opportunity to comment prior to the broadcast. Not Upheld: Accuracy, Fairness...

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