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Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. Summary[This summary does not form part of the decision. ]An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry....

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of New Zealand’s dairy industry. The Authority did not uphold a complaint alleging that the item was unfair to the complainant and breached his and his employee’s privacy, and that the item was inaccurate and lacked balance. Neither RZ nor his employee was identifiable during the footage and they were not participants, or referred to, in the item. The item was also sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. Comments in the item that the complainant alleged were inaccurate were clearly opinion and analysis and thus not subject to the accuracy standard, and the item was not otherwise misleading....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from seven members of the public about an episode of Sunday, which investigated gay conversion therapy and whether this practice was happening in New Zealand. Three individuals were filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon the three individuals’ interest in seclusion. All three individuals were discussing a sensitive matter and could not have reasonably expected their one on-one conversation to be recorded in its entirety and broadcast. The Authority found that on its face the broadcast breached the privacy of these individuals....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item reported ongoing dissension at the Berakah Retreat among some members as to action which had been taken about a former member who had abused children – former member had been dismissed from Retreat and parents did not press charges – complainant responsible for oversight of Retreat – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – suggestion that Trust acted largely to protect its own reputation – use of Ku Klux Klan imagery – use of secret recording of meeting and imagery used – accumulation of matters – majority decision that it was unfair – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – omission of full reasons for dismissal of dissident members not misleading given item’s focus – other omissions dealt with as fairness issues – not upheldNo…...

The Authority has not upheld a complaint about an item on Sunday documenting a woman’s final months before her assisted death. The complainant alleged the broadcast breached the balance standard as it included no discussion of palliative care or alternative viewpoints regarding assisted dying. The children’s interests standard was also impliedly raised in the complaint. The Authority found the balance standard did not apply as the item did not constitute a discussion of the issue of assisted dying. The children’s interests standard was not breached as the context of the programme and signalling of content meant it was suitable to be broadcast in its timeslot. Not Upheld: Balance, Children’s interests...

Complaint under section 8(1)(c) of the Broadcasting Act 1989Sunday – item about marketing 42 Below vodka in the American market – featured interview with gay bar owner – allegedly in breach of privacyFindingsStandard 3 (privacy) – no private facts revealed – consent given for interview – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Sunday on TV One at 7. 30pm on 12 June 2005 featured a marketing manager, James Dale, who had been appointed to promote a New Zealand vodka called 42 Below in the American market. [2] The item included an interview with the owner of a gay bar, John Libonati, who had sent Mr Dale an email condemning the disparaging comments Mr Dale had made about gay culture. Mr Libonati said that he had received a reply from James Dale which had included a number of insults....

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of the dairy industry in the Waikato region. The Authority did not uphold a complaint that the item was an unbalanced and inaccurate depiction of dairy farming, and breached a number of other broadcasting standards. The Authority found the item was sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. The item was not inaccurate or misleading in the ways alleged by the complainant; rather, it focused on instances of bad practice within the dairy industry and did not suggest these were commonplace. Furthermore, the item did not breach the privacy of a local farming family, as they were not identifiable or otherwise referred to in the footage....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an episode of Sunday, which investigated gay conversion therapy in New Zealand, was unbalanced and inaccurate. The Authority found the existence of differing viewpoints was pointed to throughout the programme, with balancing comments provided by those featured and in final comments from the presenter. The broadcaster made reasonable efforts to ensure the accuracy of the programme, relying on authoritative medical opinion from health experts regarding current views on gay conversion therapy and the potential harm that could be caused by the practice. In making these findings, the Authority recognised the high public interest in this story and found that upholding the complaint would represent an unjustified and unreasonable limit on the broadcaster’s right to freedom of expression....

Summary[This summary does not form part of the decision. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

Chair Joanne Morris declared a possible conflict of interest because of knowing one of the complainants and also as a member of the Waitangi Tribunal that was to hear the foreshore and seabed claims, so did not participate in the determination of these complaints....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday item about former foster parents who had pleaded guilty to smacking a foster child on the hand with a wooden spoon – had originally faced a number of other abuse charges – CYFS removed two children from their care and said they were no longer suitable foster parents – interviews with former foster parents and CYFS representative – allegedly unbalancedFindingsStandard 4 (balance) – programme did not question CYFS’ general policy of removing foster children who had been smacked by their foster parents – wider issue about acceptability of smacking was not the controversial issue discussed in the item – reconstructions of vandalism a matter of fairness, not balance – not upheldThis headnote does not form part of the decision. Broadcast [1] Sunday, broadcast on TV One at 7....

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 – footage of a man throwing a rock and of another man bleeding shown during discussion of Ms Enchmarch’s previous attempt to get aid to Gaza by land – allegedly inaccurate FindingsStandard 5 (accuracy) – footage subject to complaint did not constitute a material point of fact to which the standard applied and was not misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7....

The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about former foster parents who had pleaded guilty to smacking a foster child on the hand with a wooden spoon – had originally faced a number of other abuse charges – CYFS removed two children from their care and said they were no longer suitable foster parents – interviews with former foster parents and CYFS representative – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item discussed controversial issue of public importance because it dealt with the actions of government department charged with the care of vulnerable children – TVNZ not required to detail nature of more serious allegations – not required to give further information about CYFS’ standard processes – item omitted critical information about evidential interviews of children – left viewers without a clear understanding of the reasons behind CYFS’ actions – upheld Standard 5 (accuracy) – item…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed alleged rape victim in high-profile police trials – discussed whether current system in New Zealand was fair to alleged rape victims – allegedly unbalanced Findings Standard 4 (balance) – item omitted crucial information about evidence in police trials which was highly relevant to the controversial issue under discussion – majority uphold No Order This headnote does not form part of the decision. Broadcast [1] An item on Sunday entitled “Justice Denied” was broadcast on TV One at 7. 30pm on 11 March 2007. The item looked at the issues raised by the acquittal of three former Rotorua police officers (Brad Shipton, Bob Schollum and Assistant Police Commissioner Clint Rickards) in respect of a historical rape allegation. The reporter noted that the three men had also been acquitted in the high profile rape trial involving Louise Nicholas....

The Authority has not upheld a complaint about a Sunday item questioning what legacy could be left behind by a (now shut) chemical plant in Paritūtū, New Plymouth, which produced 2,4,5-T, containing the contaminant TCDD. The complaint was that the item breached the accuracy and balance standards as it exaggerated the harms of the chemical to people and the environment, and took insufficient care to fully investigate non-expert comments of interviewees ‘in spite of adequate explanatory reports in the public domain. ’ Noting the high public interest and value in the item overall, the Authority found the segment was clearly presented as focusing on local residents’ perspectives of and concerns about the plant; the interviewees’ comments were clearly contextualised, and the item included references to reputable reports as well as appropriate comment from an expert in the area....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – complainant was convicted of raping and abusing his daughter and sentenced to 14 years imprisonment – subsequent legal dispute between them about ownership of painting – daughter withdrew from proceedings which were resolved in complainant’s favour – item reported that complainant while in prison had then brought private prosecution for fraud against daughter arising from dispute over painting – item reported that daughter unable to get legal aid for painting dispute and required to sell her house – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – item not unbalanced – not upheld Standard 5 (accuracy) – item not inaccurate – not upheld Standard 6 (fairness) – item not unfair – not upheld The Authority declined to determine aspects of the complaint pursuant to section 11(b) of the Broadcasting Act 1989....