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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator Special: The Case Against Robin Bain – documentary maker Bryan Bruce gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether the complainant, who was a “surprise” witness at the retrial, had given misleading evidence – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – complainant was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 5 (accuracy) – alleged inaccuracies relate to implication in the programme that the complainant gave misleading evidence – Authority not in a position to determine whether the programme was inaccurate in this respect – decline to determine under section 11(b) of the Broadcasting Act…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Ultimate force – British drama about elite SAS unit – showed mock interrogation of woman prisoner – woman at different times shown naked, hooded, and being hit – allegedly in breach of violence standardFindings Standard 10 (violence) – low-level violence – violence in context, not gratuitous – not upheldThis headnote does not form part of the decision. Broadcast [1] Ultimate force, a British drama centred around the elite British SAS Red Troop unit, was broadcast on TV One at 8:30pm on 18 January 2005. A central storyline of the episode concerned a soldier’s efforts to become the first female member of the SAS. The soldier was shown undergoing mock interrogation as part of her training and assessment; at different times she was shown being verbally abused, naked, and being hit....

Complaint Sunday – item on Maui’s dolphins and introduction of set net ban – unfair and unbalanced FindingsStandard 4 – views of those opposed to the set net ban balanced against those in support – issues raised about treatment of complainants best assessed under Standard 6Standard 6 (preparation) – no evidence of assurances about scope of programme – not unfair – not upheldStandard 6 (presentation) – complainants’ position presented out of context – failure to mention alternative management plan unfair to complainants – upheld OrdersBroadcast of statement $2000 contribution towards complainants’ legal costsThis headnote does not form part of the decision Summary [1] An item about Maui’s dolphins explained that the species was in danger of extinction. It described set net fishing as the “single largest threat to [the] animal’s continued existence” and discussed the imminent Government ban on set net fishing....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Real Crime: Broken Promises, Broken Brides – investigated the mistreatment of foreign brides in New Zealand – profiled a Malaysian woman who died of a methadone overdose – interviewed her husband who was convicted of her manslaughter – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – programme did not create a misleading impression that the complainant intended to murder his wife – reporter outlined the facts of the case and clearly stated the complainant was convicted of manslaughter – complainant’s perspective was included in the programme – programme was accurate and would not have misled viewers – not upheld Standard 6 (fairness) – complainant was provided with a sufficient opportunity to give his perspective in two interviews – interviews were not unfairly edited – overall complainant was treated fairly – not upheld This headnote does not form part of the decision.…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Unauthorised History of New Zealand – presenter commented that “the white settlers were intent on fucking over the natives” in New Zealand – pretended to urinate on a public sculpture – allegedly in breach of good taste and decency, law and order and balance standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheldStandard 2 (law and order) – no realistic portrayal of anti-social behaviour – not upheldStandard 4 (balance) – programme was not a news, current affairs or factual programme – standard did not apply – not upheld This headnote does not form part of the decision. Broadcast [1] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 “Breaking News” caption – “breaking news ticker” broadcast during advertisement break stated, “Breaking News. . . Container ship breaks apart. . . Tugs racing to the scene. . . More on One News at 4. 30, 6pm and at tvnz. co. nz” – information inaccurate – question whether the breaking news ticker was a “programme” for the purposes of the Broadcasting Act 1989 and therefore whether the Authority has jurisdiction to accept the complaint    Findings “Breaking news ticker” consisted predominantly of alphanumeric text and therefore excluded from the definition of “programme” – Authority does not have jurisdiction to accept the complaint This headnote does not form part of the decision.  ...

Summary [This summary does not form part of the decision. ]During the 1 News Vote 17 Leaders Debate, moderator Mike Hosking questioned Bill English about a damaged fuel pipeline in Auckland that caused disruption to flight services, using the phrase ‘for God’s sake’. The Authority did not uphold a complaint that Mr Hosking’s use of this phrase was blasphemous and offensive. The Authority has consistently found that variations of ‘God’, ‘Christ’ and ‘Jesus Christ’ are commonly used as exclamations and in this case, Mr Hosking used the phrase to express his own, and voters’, frustration at the Government’s management of the fuel crisis. In these circumstances, the Authority found that the alleged harm did not outweigh the important right to freedom of expression, particularly in the lead up to a general election....

Summary[This summary does not form part of the decision. ]A brief item on 1 News discussed a protest in Christchurch against Vero Insurance (Vero) regarding outstanding insurance claims. The item contained footage of the protestors and the newsreader stated that ‘[One of the protestors] says Vero has kept them locked in a virtual prison for seven years. ’ The broadcaster upheld a complaint from Vero under the balance and fairness standards, as Vero ought to have been given an opportunity to comment. Vero referred the complaint to the Authority on the basis it was dissatisfied with the action taken by the broadcaster in response to its original complaint, and it also maintained that the accuracy standard was breached. The Authority did not uphold the complaint, finding the statement complained about was a statement of opinion and therefore the accuracy standard did not apply....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on “skimming” scheme in which accused allegedly “fleeced money from customers who used eftpos machines inside at least one Auckland business” – referred to and showed footage of the “Brooklyn Bar” in Auckland where, according to one customer, he had his card “skimmed” – allegedly in breach of standards relating to accuracy and fairnessFindingsStandard 6 (fairness) – item wrongly identified the Brooklyn Bar as having been targeted by the fraud – Brooklyn Bar was singled out and was the only business identified, which was unfair and created the impression the business was unsafe – reporter should have obtained verification from the complainant who owns the bar – complainant not provided with a fair and reasonable opportunity to comment and correct information – complainant and his business treated unfairly – upheldStandard 5 (accuracy) – item created misleading impression that…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about arming police officers referred to police “force” – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – complainant received adequate response from the broadcaster – complaint frivolous – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 5 April 2011, reported on the issue of whether police officers should carry guns. The item contained two references by the reporter to the police “force”. The reporter said, “The most explosive issue facing our force: should every cop have a gun on their hip? ” and that the new Police Commissioner would “like to see more women in the police force”....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on the funeral of prominent New Zealand businessman Allan Hubbard – included footage filmed outside his funeral – allegedly in breach of standards relating to good taste and decency, privacy, fairness and responsible programming FindingsStandard 3 (privacy) – Mrs Hubbard and other people shown in the footage were identifiable but no private facts disclosed and filming was in a public place – those shown were not particularly vulnerable – not upheld Standard 1 (good taste and decency) – filming was non-intrusive and respectful – footage would not have offended or distressed viewers – not upheld Standard 6 (fairness) – Hubbard family treated fairly – not upheld Standard 8 (responsible programming) – footage formed part of an unclassified news programme – item would not have disturbed or alarmed viewers – not upheld This headnote does not form part of the decision.…...

SummaryThe Millennium Moment broadcast on TV One on 28 December 1999 during One News beginning at 6. 00pm included an item on nudist clubs. It reported that there were 24 nudist clubs in New Zealand with about two thousand members. Members of one such club were shown relaxing or playing sport. Kristian Harang complained to Television New Zealand Ltd that the item would have encouraged children and young people to consider nudism in public as normal when in fact only a small percentage of people were members of nudist clubs. He contended that the content was offensive and unsuitable for broadcast when children were watching television. TVNZ responded that the brief item was one of a series designed to record notable anniversaries and to reflect the diversity of life in New Zealand....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Castle promo – contained comments, “a big time slugger gets whacked”, and “someone used his head for batting practice” – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – promo contained references to violence but no visual depictions of violence – would not have disturbed children – content was correctly classified PGR – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Castle, a criminal drama in which the murder of a baseball player was being investigated, was broadcast on TV One at 7. 10pm on 5 January 2011, during Masterchef UK, which was rated PGR. A voiceover said, “a big time slugger gets whacked”, and a character in the programme was shown commenting, “someone used his head for batting practice”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about child’s death from meningococcal disease following misdiagnosis – paediatrician involved in initial misdiagnosis named twice during the item – allegedly in breach of privacy Findings Standard 3 (privacy) – doctor's name, place of work and involvement in the case not private facts – 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 27 November 2008, investigated the death of a young child from meningococcal disease after the illness was misdiagnosed at Wanganui Hospital. In the first part of the item, a Close Up reporter outlined what had happened, and interviewed the parents of the child at their home....

Download a PDF of Decision No. 1992-093:Pryor and Corrigan and Television New Zealand Ltd - 1992-093 PDF588. 82 KB...

The Authority did not uphold a complaint about an item on Fair Go investigating On the Go Eastgate (OTG Eastgate), a business providing vehicle Warrants of Fitness (WoFs). A customer had complained to Fair Go that OTG Eastgate did not inform her about a $10 weekend surcharge prior to carrying out and charging her for her WoF. Fair Go sent an actor with a hidden camera to investigate this and other claims about OTG Eastgate’s services. Danny Chand, the owner of OTG Eastgate, complained that the broadcast breached the fairness, accuracy and programme information standards. The Authority found that Mr Chand and his business were treated fairly as he was given sufficient opportunities to respond to the claims made in the broadcast, and it was reasonable and justified in the public interest for the broadcaster to use a hidden camera to investigate the claims....

SummaryA nightmare housemoving experience was related by a woman featured in a programme entitled "My House, My Castle" broadcast on TV2 on 19 July 1999 beginning at 8. 00pm. The programme was previewed in the days preceding the broadcast. Michael Bott, on behalf of Brittons Housemovers (Wellington) Ltd, complained to Television New Zealand Ltd, the broadcaster, that footage showing a truck belonging to the company was used to illustrate the "housemoving story from hell". In fact, Brittons Housemovers had had no connection with the move, he wrote. The company cited a number of broadcasting standards which it contended were breached by the programme and the promos. In its response, TVNZ explained that the shots of the housemoving truck were archival shots which had been used to illustrate the story. It maintained that the company could not have been identified from that footage....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – chief Israeli spokesperson interviewed about the raid – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – topic of the raid was a controversial issue of public importance – broadcaster made reasonable efforts and gave reasonable opportunities to present significant points of view on the raid – not upheld Standard 5 (accuracy) – material that was not included did not make the item misleading – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6 (fairness) – Israeli spokesperson given ample opportunity to present Israel’s point of view – individuals and organisations taking part or referred to…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-014 Dated the 26th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANNE DINGWALL of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...