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Decisions
Girvan and TVWorks Ltd - 2009-161
2009-161

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the 65th anniversary of the arrival of New Zealand’s first refugees – stated that the orphaned Polish children had spent time in Russian orphanages – allegedly inaccurate Findings Standard 5 (accuracy) – history of what happened to the Polish refugees and their families prior to coming to New Zealand was not material to the focus of the item – viewers not misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Sunday 1 November 2009, reported on the 65th anniversary of New Zealand’s first refugees, who were 732 Polish children and 102 caregivers. [2] The presenter introduced the item by saying: It’s 65 years today since New Zealand welcomed its first refugees....

Decisions
Nassau and TVWorks Ltd - 2011-016
2011-016

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – news reader stated that Samoan prison guards had been charged with bringing contraband into Auckland prisons – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – news reader’s remark was factual – no invective – did not encourage discrimination against or denigration of Samoans – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on 3 News, broadcast on TV3 at 6pm on Monday 6 December 2010, the news reader stated: Two Samoan prison guards have been arrested and stood down from their positions after being charged with bringing contraband into two Auckland jails. The men are accused of bringing in drugs, cell phones, cigarettes and food for prisoners at Mt Eden and Auckland Central Remand prisons....

Decisions
Howe and Torrey and TVWorks Ltd - 2009-130
2009-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – teaser for upcoming item contained footage of bare-breasted women – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage was fleeting and shown from a distance – factual report – contextual factors – not upheld by majority This headnote does not form part of the decision. Broadcast [1] At the beginning of 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, the presenters highlighted the major stories of the evening, one of which concerned the Auckland “Boobs on Bikes” parade. As footage of the parade was briefly shown, the presented stated: And not just boobs on bikes, there are bazookas on tanks as well. [2] The footage of the parade included a shot of four bare-breasted women standing up in a convertible car....

Decisions
Waide and TVWorks Ltd - 2008-058
2008-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....

Decisions
Knight and TVWorks Ltd - 2008-137
2008-137

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported that a man had been found guilty of murdering another man then eating parts of the murdered man’s body – provided details of the man's cannibalistic act – allegedly in breach of good taste and decency, programme classification, children’s interests and violence Findings Standard 10 (violence) – item contained graphic and violent details of a murder and cannibalism – required a specific warning – upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – upheld Standard 7 (programme classification) – standard not applicable – not upheld Standard 1 (good taste and decency) – subsumed into consideration of children's interests and violence No Order This headnote does not form part of the decision....

Decisions
Burn and TVWorks Ltd - 2010-057
2010-057

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on a 3-year-old child walking a tightrope over a tiger enclosure – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – light-hearted human interest story – child not humiliated – adequate care and sensitivity shown by broadcaster – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 14 April 2010, reported that a 3-year-old child had walked a tightrope above a tiger enclosure in China as part of a publicity stunt for a circus....

Decisions
James and TVWorks Ltd - 2009-127
2009-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the Boobs on Bikes parade – contained footage of bare-breasted women – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – footage was fleeting and taken from a distance – not salacious – preceded by a warning – contextual factors – not upheld Standard 9 (children’s interests) – contained warning to advise parents – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, reported on the “Boobs on Bikes” parade in Auckland....

Decisions
Evans and TVWorks Ltd - 2010-185
2010-185

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – story about former cricketer Shane Warne reportedly having an affair with Liz Hurley – referred to his past indiscretions and showed images of him with topless women, with their breasts blurred – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – images were brief, dark and indistinct – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 13 December 2010, reported that former Australian cricketer Shane Warne was rumoured to be having an affair with model and actress Liz Hurley....

Decisions
OK Gift Shop Ltd and CanWest TVWorks Ltd - 2004-199
2004-199

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Item on 3 News focussing on the sale of imported jade marketed as New Zealand pounamu – complainant’s shop identified – interior of shop shown in hidden camera sequence – unrelated shop assistant shown – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – subsumed under fairness Standard 5 (accuracy) – subsumed under fairness Standard 6 (fairness) – shop clearly identified – no opportunity given to comment – hidden filming unjustified – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] 3 News, broadcast at 6pm on 21 September 2004, contained an item reporting on moves taken by Ngai Tahu to control the marketing of pounamu (New Zealand greenstone). The item alleged that overseas jade was being passed off as pounamu....

Decisions
Anson and TVWorks Ltd - 2011-051
2011-051

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on Government’s spending review to assist with the cost of the Christchurch earthquake – showed footage of students helping with the clean-up and stated that “Canterbury students have been out on the streets cleaning up Christchurch, but today they weren’t being thanked, they were being targeted by the Finance Minister” – showed Finance Minister stating that the Government was not “ruling anything in or out” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – statement that students were being “targeted” amounted to political commentary – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – Mr English is a political figure – item clearly portrayed his position on interest-free student loans – not upheld This headnote does not form part of the decision....

Decisions
Woods and MediaWorks TV Ltd - 2015-062 (1 December 2015)
2015-062

Summary[This summary does not form part of the decision. ]A 3 News item reported on Labour Party leader Andrew Little’s response to questions about his party’s use of data allegedly showing the percentage of offshore Chinese home-buyers in Auckland. The Authority did not uphold a complaint that the item lacked balance because it was dominated by the political editor’s point of view. The item included balancing comment from both Mr Little and Labour Housing Spokesman Phil Twyford and it would have been clear to viewers that the political editor was giving his own robust commentary and analysis of the issue. Not Upheld: Controversial IssuesIntroduction[1] A 3 News item reported on Labour Party leader Andrew Little’s response to questions about his party’s use of real estate data allegedly showing the percentage of offshore Chinese home-buyers in Auckland....

Decisions
Stamilla and TVWorks Ltd - 2011-130
2011-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...

Decisions
Steens and TVWorks Ltd - 2013-020
2013-020

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on parole of a man who was jailed in relation to the so-called “Urewera anti-terror raids” – newsreader said men were “jailed over military-style training camps” – showed photograph of Tame Iti wearing a balaclava-type headpiece and holding a gun – allegedly in breach of controversial issues, accuracy and fairness standardsFindingsStandard 5 (accuracy) – while newsreader’s statement that the men were “jailed over military-style training camps” was technically inaccurate, the position was immediately clarified when the newsreader said they were sentenced for firearms offences – photograph of Tame Iti was relevant to the subject matter and would not have misled viewers – item not inaccurate or misleading – not upheld Standard 6 (fairness) – newsreader’s introductory comment and photograph of Tame Iti did not create unfair impression that the men were terrorists – not upheld Standard 4 (controversial issues) –…...

Decisions
Green and MediaWorks TV Ltd - 2015-051
2015-051

Summary[This summary does not form part of the decision. ] An item on 3 News discussed a leaked internal report which reviewed the Labour Party's election strategy. Towards the conclusion of the item the reporter briefly referred to the recent installation of security doors between the Labour and National Party offices at a cost of $30,000. The Authority did not uphold a complaint that the item lacked balance on this point. The brief reference to the installation of the doors did not amount to a discussion of a controversial issue of public importance in the context of this item, which focused on the leaked Labour Party report – so the requirement to present alternative views was not triggered. Not Upheld: Controversial IssuesIntroduction[1] An item on 3 News reported on a leaked internal report which reviewed the Labour Party's election strategy....

Decisions
O'Neill and TVWorks Ltd - 2012-077
2012-077

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic – interviewee and reporter used the term “nutters” – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 7 (discrimination and denigration) – “nutters” used to refer to person who is dangerous and deranged, and was not intended to comment on people with mental illness – item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community – not upheld Standard 1 (good taste and decency) – contextual factors – viewers would have understood intended meaning of “nutters” – not upheld This headnote does not form part of the decision....

Decisions
Signer and TVWorks Ltd - 2012-039
2012-039

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – item reported on trials of the ‘Urewera Four’ – reporter referred to original Urewera terror raids and stated that “17 people were arrested and initially charged under the Terrorism Suppression Act” – broadcaster upheld complaint that this statement was inaccurate because no one had been charged under that Act – action taken by the broadcaster allegedly insufficient Findings Action Taken: Standard 5 (accuracy) – action taken by TVWorks was insufficient – error should have been corrected at earliest appropriate opportunity – upheld No Order This headnote does not form part of the decision.  ...

Decisions
Grieve and TVWorks Ltd - 2008-008
2008-008

Complaint under section 8(1B)(b)(i)3 News – item about the release of the United Nations’ fourth report on climate change immediately preceded item about glacial decline in New Zealand – introduction to second item began “the UN report seems to back up what’s happening here” – images of ice melting and falling into water – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – was a factual report rather than a discussion – not upheldStandard 5 (accuracy) – not inaccurate or misleading – not upheldThis headnote does not form part of the decision. Broadcast[1] UN Report on climate change During 3 News on 18 November 2007, an item was broadcast at approximately 6. 15pm about the release of the fourth report by the United Nations’ Intergovernmental Panel on Climate Change (IPCC), which, according to the presenter, asserted that “there is no doubt global warming is man-made”....

Decisions
Hoban and TVWorks Ltd - 2011-013
2011-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – interviewed Cyclone Yasi survivor – reporter stated “Jesus, what went through your mind? ” – allegedly in breach of standards relating to good taste and decency, and discrimination and denigration FindingsStandard 1 (good taste and decency) – “Jesus” used to convey exclamation of shock – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Friday 4 February 2010, reported on Cyclone Yasi in Queensland. During the item, the reporter interviewed a survivor who explained that she had been sitting on the toilet when a big tree came through the wall, to which the reporter responded, “Jesus, what went through your mind?...

Decisions
Cochran and MediaWorks TV Ltd - 2015-054
2015-054

Summary[This summary does not form part of the decision. ]3 News reported on a gun attack on a Tunisian beach resort, and showed amateur video footage of the event. The footage contained images of people shouting and running around in confusion, and gunshots and bomb blasts could be heard. The footage also showed the gunman lying in the street after he had been shot dead by police. The Authority upheld a complaint that this footage was disturbing and should have been preceded by a warning. While recognizing the high public interest in the story and the footage, viewers were not given a reasonable opportunity to exercise discretion because they were not adequately warned of its nature. The Authority did not make any order....

Decisions
Wieland and MediaWorks TV Ltd - 2014-060
2014-060

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ] 3 News summarised the findings in the latest report released by the United Nations Intergovernmental Panel on Climate Change (IPCC). The Authority did not uphold the complaint that the United Nations report was propaganda, and should not have been referred to. This was a straightforward news report on the latest findings released by the IPCC. Not Upheld: Controversial Issues, Accuracy, Fairness, Responsible Programming Introduction [1] A 3 News item summarised the findings of the latest report released by the United Nations Intergovernmental Panel on Climate Change (IPCC). The item was broadcast on TV3 on 14 April 2014....

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