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Decisions
Davies and Television New Zealand Ltd - 2005-017
2005-017

Complaint under section 8(1)(c) of the Broadcasting Act 1989Coastwatch – man shown gathering scallops – statement in programme that “there was sufficient there anyway to issue him with a couple of infringement notices” – allegedly in breach of privacyFindingsStandard 3 (privacy) – filmed in a public place – no private facts disclosed – not upheldThis headnote does not form part of the decision. Broadcast [1] A segment on Coastwatch broadcast on TV One at 7. 30pm on 14 February 2005 showed a diver approached by Ministry of Fisheries officers while gathering scallops. The fisheries officer told him that he should only have collected 60 scallops, whereas he had 104 scallops on the boat. The fisheries officer explained that this was “not in the area of what we consider to be a serious offence”, and the diver said that he had been trying to do things by the book....

Decisions
Boyce and Clow and Television New Zealand Ltd - 2000-011, 2000-012, 2000-013
2000-011–013

SummaryFootage showing a man who had his genitals stapled to a cross – which was then set alight – was included on Havoc 2000 Deluxe broadcast on TV2 at 10. 00pm on 9 November 1999. The programme also included a sequence where one of the presenters asked a woman on the street if she would consider "a blow-job for four [dollars]". The programme broadcast on 16 November included reaction to the incident. Simon Boyce and Carey Clow both complained to Television New Zealand Ltd, the broadcaster, that the sequence showing the man nailing his genitals to the cross was indecent and breached broadcasting standards. Mr Boyce also complained about the approach made to the woman on the street, and Mr Clow complained about the programme broadcast the following week which referred to the stapling incident and the reaction to it....

Decisions
New Zealand Defence Force and Television New Zealand Ltd - 2010-121
2010-121

Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this decision. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item focused on an investigation of alleged dangerous driving practices in the New Zealand Army – contained interviews with an army driving instructor Greg McQuillan and Colonel Paul van Den Broek – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – NZDF given adequate opportunity to respond to allegations and present the Army's perspective – broadcaster provided the necessary significant viewpoints on the topic within the period of current interest – not upheld Standard 5 (accuracy) – comment, "A licence to kill?...

Decisions
James and Television New Zealand Ltd - 2002-208
2002-208

ComplaintTaste New Zealand – profiles of some food entrepreneurs included one on Ron Hubbard – did not refer to his membership of the Food and Nutritional Advisory Committee and that Committee’s attitude to soy – unbalanced FindingsSection 4(1)(d) – Standard 4 – item did not deal with controversial issue – standard not relevant – no uphold – advise that future marginal complaints may be considered vexatious and trivial This headnote does not form part of the decision. Summary [1] Taste New Zealand is an entertainment series about the food industry. The episode broadcast at 8. 00pm on TV One on 25 September 2002 presented some profiles about a number of successful food entrepreneurs. Ron Hubbard of Hubbard Foods Ltd was one of the entrepreneurs featured. [2] Richard James complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced....

Decisions
Mann and Television New Zealand Ltd - 2001-137
2001-137

ComplaintDocumentary New Zealand: "To Age or Not to Age" – misleading – adverse health outcomes possible – unbalanced – broadcaster (TVNZ) upheld balance complaint – not impartial – broadcaster investigating commissioning possible documentary on dieting and ageing in 2002 – action taken insufficient FindingsImportant information contained in programme – action taken insufficient OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] "To Age or Not to Age" was the title of the documentary broadcast by TV One at 8. 30pm on 30 July 2001 in the weekly documentary time slot. Using a number of medical criteria, the programme set out to measure the effectiveness of the approaches promoted by Leslie Kenton for staying healthy and feeling younger....

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
Gall and Television New Zealand Ltd - 2004-040
2004-040

ComplaintOne News – seabed and foreshore – Waitara hui – closing headline stated hui “disintegrated into conflict and name-calling” – allegedly inaccurate and misleading Findings Standard 5 – closing headline substantially misreported events – inaccurate and misleading – upheld Standard 6 – inaccuracy a question of scripting, not editing – Guideline 6a not applicable – closing headline unfair to organisers and participants – upheld OrderBroadcast of statementThis headnote does not form part of the decision Summary [1] A closing headline on One News broadcast on TV One on 23 September 2003 reported that the hui held that day in Waitara on the seabed and foreshore issue had “ disintegrated into conflict and name-calling. ” [2] David Gall complained to Television New Zealand Ltd, the broadcaster, that the closing headline was inaccurate and misleading, and not supported by what was reported in the main body of the news item....

Decisions
Levertoff and Television New Zealand Ltd - 2013-066
2013-066

Summary [This summary does not form part of the decision. ] A Fair Go item reported on the New Zealand Industrial Fuel Duty Agency (NZIFDA), a business set up to obtain refunds, on behalf of eligible customers, for excise duty placed on off-road fuel usage in some instances. A former employee of NZIFDA criticised the business and the person who ran it. The Authority did not uphold the complaint from the person who ran the business, that the item was inaccurate and misleading and used ‘loaded’ language to suggest wrongdoing. The item was clearly framed from the perspective of the former employee, her comments were clearly her personal opinion, the complainant was given a reasonable opportunity to give a response, and his response was fairly included in the programme....

Decisions
Shepherd and Television New Zealand Ltd - 2020-157 (20 April 2021)
2020-157

The Authority has not upheld a complaint about an item on 1 News, which reported on support for euthanasia in the lead up to the referendum. It was based on data from the Vote Compass tool, which had been used by more than 200,000 people. The complainant argued it was inaccurate to report that most New Zealanders, or 77% of Kiwis, were supportive of euthanasia, when only 77% of an unrepresentative group of 200,000 were supportive. The Authority found the report was linked to findings from the Vote Compass tool, and its use by 200,000 people, in a clear and transparent way. It found it was legitimate and of interest to the public to extrapolate the data as it did, and the broadcast was unlikely to mislead. Not Upheld: Accuracy...

Decisions
Francis and Television New Zealand Ltd - 2020-055 (28 September 2020)
2020-055

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint that use of the word ‘fuck’ in an episode of My Life is Murder, broadcast after 8. 35pm without an ‘L’ advisory for offensive language, breached the good taste and decency standard. In the context, including the programme’s nature, classification and intended audience, the Authority found the episode was unlikely to have caused widespread undue offence or distress. Not Upheld: Good Taste and Decency...

Decisions
Frazer and Television New Zealand Ltd - 2020-147 (16 March 2021)
2020-147

The Authority has not upheld a complaint that the leaders’ debate between Rt Hon Jacinda Ardern and Hon Judith Collins breached broadcasting standards. The programme carried a high level of public interest. Both debate participants were senior politicians who had a clear understanding of the nature of their participation in the debate and were given fair opportunity to respond to the questions raised. Not Upheld: Discrimination and denigration, Balance, Fairness...

Decisions
Carswell and Television New Zealand Limited - 2021-113 (1 December 2021)
2021-113

The Authority considered a complaint about a promo for Taskmaster which was aired during the programme Breakfast (unclassified) at 7. 30am, and a promo for My Life is Murder which was aired during the programme The Chase (rated G) at 5. 35pm. The Authority did not uphold the complaint that these promos, which contained brief sexual references, breached the children’s interests standard. It found the references were mild and inexplicit, were not likely to alarm or distress children, and met the requirements for a G classification. Not Upheld: Children’s Interests...

Decisions
Boom and Television New Zealand Ltd - 2022-059 (20 July 2022)
2022-059

The Authority has not upheld a complaint about a brief 1 News report on a leaked draft decision from the United States Supreme Court, which had the potential to overturn the landmark decision of Roe v Wade concerning abortion rights. The complaint alleged the broadcast was unbalanced as it did not include footage of pro-life activists or arguments for the ‘rights of the child’. The Authority found that the broadcast was a straightforward report focused on the development of the reported leak. It did not discuss views for or against abortion access, therefore the balance standard did not apply. In any event, the Authority noted the broadcaster had provided balance over time in other 1 News coverage. Not Upheld: Balance...

Decisions
NR and Television New Zealand Ltd - 2015-064 (1 December 2015)
2015-064

Summary [This summary does not form part of the decision. ] The introduction to a Neighbours at War story showed brief footage of a man, GR, on a street outside a bar. The Authority did not uphold a complaint from GR’s son that the broadcast breached GR’s privacy. The footage was very brief, was taken in a public place and would not be highly offensive to an objective reasonable person. Not Upheld: Privacy Introduction [1] The introduction to a Neighbours at War story showed brief footage of a man (GR) on a street outside a bar. The man lifted up his t-shirt and appeared to be showing off for the camera. [2] NR, GR’s son, complained that the broadcast breached his father’s privacy, in particular because the filming had taken place a number of years before....

Decisions
Dickson and Television New Zealand Ltd - 2017-003 (15 May 2017)
2017-003

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an upcoming boxing match between Joseph Parker and Andy Ruiz for the World Boxing Organisation (WBO) heavyweight champion title. The presenter introduced the item by saying, ‘Well, the fight is set to make history whichever way it goes. There’s never been a New Zealand or Mexican world heavyweight champion’. The Authority did not uphold a complaint that the presenter’s statement was inaccurate because a New Zealander, Robert ‘Bob’ Fitzsimmons, was the first heavyweight champion in 1897. The complaint related to a technical interpretation of Fitzsimmons’ nationality, which was not a material point of fact that was likely to mislead viewers in the context of this news item....

Decisions
Edgington and Television New Zealand Ltd - 2018-047 (24 August 2018)
2018-047

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....

Decisions
Malone and Television New Zealand Ltd - 1990-020
1990-020

Download a PDF of Decision No. 1990-020:Malone and Television New Zealand Ltd - 1990-020 PDF (315. 48 KB)...

Decisions
Health Action and Television New Zealand Ltd - 1992-088
1992-088

Download a PDF of Decision No. 1992-088:Health Action and Television New Zealand Ltd - 1992-088 PDF349. 47 KB...

Decisions
Hon Sir Roger Douglas, Hon Richard Prebble and Rt Hon David Lange and Television New Zealand Ltd - 1991-016, 1991-017, 1991-018
1991-016–018

Download a PDF of Decision No. 1991-016–018:Hon Sir Roger Douglas, Hon Richard Prebble and Rt Hon David Lange and Television New Zealand Ltd - 1991-016, 1991-017, 1991-018 PDF2. 98 MB...

Decisions
Thornton and Television New Zealand Ltd - 1994-011
1994-011

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 11/94 Dated the 10th day of March 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID THORNTON of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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