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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...

The Authority has not upheld a complaint concerning a Sunday investigation report looking into issues with emergency housing in Rotorua, and a follow-up item on 1 News. The majority of the Sunday broadcast focused on allegations against the largest contracted emergency housing provider in Rotorua, Visions of a Helping Hand (Visions), and its contracted security company Tigers Express Security Ltd – both led by CEO/Director Tiny Deane. Visions complained the broadcast was unbalanced, misleading, and unfair to Visions, Tigers Express Security and Deane. Noting the very high public interest and value in the story overall, the Authority found most of Visions’ concerns with the broadcast could have been addressed had it provided a substantive response to the reporter on the issues raised – who had made numerous attempts over more than a month to obtain comment from Visions and Deane....

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....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989Sunday – item on alleged police pack rape of Louise Nicholas – footage shown of former police house where rapes allegedly occurred – current house owner alleged item breached privacy and was unfair Findings Standard 3 (privacy) – no identification of current owner of house – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday reported on allegations of possible improper behaviour by the police, and a cover up in relation to accusations of rape by Louise Nicholas against three policemen. It was broadcast on TV One on 21 March at 7. 30pm. [2] The item included shots of the former police house where the rapes were alleged to have occurred. A car was shown in the driveway of the house....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item profiling the Destiny Church and its pastor – interviews with the pastor, former members of the Church, a university lecturer and the director of Cultwatch – allegedly unbalanced and unfair to the Destiny ChurchFindingsStandard 4 (balance) – sufficient opportunity given to the Church and its pastor to present its views on the controversial issues – not upheld Standard 6 (fairness) – Church given opportunity to respond to issues raised – not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Sunday shown on TV One at 7. 30pm on 3 October 2004 profiled the Destiny Church and its leader, Pastor Brian Tamaki. The segment gave background information about the church and its recent march to Parliament protesting the Civil Union Bill....

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…...

The Authority has upheld a complaint that an item on Sunday, featuring a family who complained to the Health and Disability Commissioner (HDC) about allegedly inadequate maternity healthcare following the death of their baby, breached the fairness and privacy standards. The Authority found it was unfair to name the complainant, HV, as the consultant obstetrician on the case prior to the HDC completing its investigation or making any findings. Singling out HV in this way had the effect of predetermining an adverse conclusion about their responsibility (whether or not that was the broadcaster’s intention), and the complainant was not informed about the proposed broadcast or given an opportunity to respond or mitigate any reputational impact. On privacy, the Authority found the fact HV was subject to an HDC complaint was information about which the complainant had a reasonable expectation of privacy....

A segment on Sunday contained a story about two women suffering debilitating symptoms of menopause, and included a brief discussion with a doctor about the use of Hormone Replacement Therapy as a treatment option. The complainant alleged the broadcast breached the accuracy and balance standards as it inaccurately described HRT as ‘safe’, promoted HRT’s benefits for other health issues, contained a statement that a 20-year-old study linking breast cancer to HRT had been discredited as flawed, and failed to provide countering views on HRT’s safety and on the validity of the study. The Authority did not uphold the complaint, finding it was reasonable for TVNZ to rely on Dr Teagle as an authoritative source, the segment was materially accurate, the story was clearly told from a particular perspective, and the alleged harm did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Accuracy, Balance...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item examined the case of a South African man living in New Zealand who had been sentenced to manslaughter for the death of his daughter – suggested treatment by Immigration New Zealand contributed to his state of mind at the time of his accident – allegedly unbalanced Findings Standard 4 (balance) – item focused on an individual story and did not discuss a controversial issue of public importance – balance standard did not apply – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7. 30pm on 1 April 2007, examined the case of Garth Abbott, a South African man living in New Zealand, who had driven his car off Mount Wellington with his two young daughters inside....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about a painting by Philip Clairmont called “The Possum” – discussed who owned the painting, the authenticity of the signature and whether it was intended to be sold as a serious work – included interviews with Mr Clairmont’s son, ex-partner and one of his friends – allegedly in breach of law and order, privacy, balance, accuracy and fairness Findings Standard 6 (fairness) – item treated the complainant fairly – not upheld Standard 5 (accuracy) – accurate to state that the complainant had made thousands from the sale of Clairmont artworks – decline to determine under section 11(b) whether the signature was genuine – item did not imply that complainant had forged the signature – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity –…...

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Sunday – item and follow-up item investigated a war crime perpetrated by New Zealand’s mounted troopers in Surafend in 1918 – reported how many people had been killed and questioned why the Government would not apologise to the victims’ families – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration FindingsStandard 5 (accuracy) – no material points of fact raised by the complainant – general thrust of the item was accurate – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld Standard 4 (controversial issues – viewpoints) – programme of historical interest but did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld Standard 7 (discrimination and denigration) – New Zealand World War I troops not a section of the…...

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

ComplaintSunday – Item about prison officer who became pregnant to inmate and left prison service – item included class photo of featured officer with other prison officers – complainant standing next to featured officer – breach of privacy FindingsStandard 3 and Guideline 3a – Privacy Principles (i), (iii), (iv) and (v)- no offensive facts disclosed – no prying – no uphold This headnote does not form part of the decision. Summary [1] An item about a relationship in prison between a former prison officer and a man convicted of rape, in which the prison officer said she became pregnant, was screened on Sunday, broadcast on TV One at 7. 30pm on 16 March 2003. The item included the "class" photo" of the former prison officer. [2] TG complained to the Broadcasting Standards Authority, under s....

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(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with Frank Bainimarama – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – Mr Bainimarama is a controversial political figure who should expect robust criticism – Mr Bainimarama dealt with fairly – not upheld Standard 5 (accuracy) – complainant did not identify any statements of fact that were inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sunday, broadcast on TV One at 8. 30pm on Sunday 15 November 2010, featured an interview with Frank Bainimarama. The presenter introduced the item by saying: When Commodore Frank Bainimarama expelled our High Commissioner from Fiji last week, it was just the latest in a string of tit-for-tat showdowns. . . He’s resisted being interviewed about the diplomatic stand-off until now....

The Authority has not upheld a complaint a Sunday feature about sexually explicit social media sites breached the good taste and decency and children’s interests standards. In the context, particularly noting the public interest value of the feature, audience expectations, and nature of the programme, the Authority considered the broadcast was unlikely to cause widespread undue offence, or undermine widely shared community standards. The Authority found the content did not go beyond what the audience could reasonably expect of the programme, and the introduction was sufficient to signpost the type of content to be expected. Not Upheld: Good Taste and Decency and Children’s Interests...

The Authority has issued a split decision in relation to a Sunday item which reported on a ‘silicosis epidemic’ in Australia’s engineered stone workforce and raised questions about New Zealand’s response to the same concerns, suggesting New Zealand is failing to address its own ‘looming health crisis’. The complaint alleged the broadcast breached the accuracy and balance standards as it misled the audience to believe the industry in New Zealand had the same regulatory failings as Australia, and was unbalanced as it omitted other perspectives on the New Zealand situation (for example, from the industry). The Authority did not uphold the accuracy complaint, finding it was reasonable for TVNZ to rely on the selected interviewee as a local authoritative source and spokesperson on this issue....

Diane Musgrave declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item focused on woman who had married Scott Watson who is in prison serving a life sentence for two murders – touched on aspects of the trial and conviction of Watson – used brief sequences from documentary Murder on the Blade? produced by the complainant – allegedly presented aspects of trial and evidence inaccurately and complainant argued that he had been misinformed by TVNZ of the use to which the sequences were to be put. FindingsStandard 5 (accuracy) – some statements made in broadcast inaccurate – upheld Standard 6 (fairness) – complainant not referred to in programme – not upheld No OrderThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed former SIS agent about its operation in the 1970s involving Dr William Sutch and representatives of the Soviet Embassy – former agent said that Dr Sutch had been a spy for 30 years – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – programme did not deal with a controversial issue of public importance – standard does not apply – not upheld Standard 5 (accuracy) – statements clearly expressions of former agent’s opinion – not facts – not upheld Standard 6 (fairness) – no unfairness to members of Dr Sutch’s family – not upheld This headnote does not form part of the decision. Broadcast [1] Kit Bennetts, a former SIS agent who had obtained High Court approval to publish a book covering aspects of his work, was interviewed on Sunday, broadcast on TV One at 7....