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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....

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 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....

The Authority has not upheld a complaint that an episode of Sunday concerning the increasing population of wallabies in New Zealand was inaccurate and unbalanced. The Authority found that the balance standard did not apply as the segment did not discuss a controversial issue of public importance. The Authority also found that the reference to wallabies as an ‘Aussie pest’ did not amount to a material inaccuracy as it was unlikely to significantly affect the audience’s understanding of the programme as a whole. Not Upheld: Balance, Accuracy...

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(1)(a) of the Broadcasting Act 1989Sunday – item examined crash of Silkair 737 in which all passengers and crew were killed – official investigation said cause unknown – decision widely criticised – view expressed by father of co-pilot that pilot deliberately crashed the plane – other comments in support – father’s theory examined fully – item advised that Indonesian Government reopened investigation and then decided not to proceed – allegedly unbalancedFindingsStandard 4 (balance) – item omitted credible alternative theory – upheldNo Order This headnote does not form part of the decision. Broadcast [1] The crash of a Silkair 737 in Indonesia in 1998 was reviewed from the perspective of the father (Derek Ward) of the New Zealand co-pilot, who died in the crash, in an item broadcast on Sunday on TV One at 7. 30pm on 20 June 2004....

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…...

ComplaintSunday – investigation of Dr Richard Gorringe who had been found guilty of professional misconduct and disgraceful conduct through use of alternative medicines – biased – unfair – misleading FindingsStandard 4 – reasonable opportunities given – not unbalanced – no uphold Standard 6 – Dr Gorringe dealt with fairly as ample opportunity given to present views – no uphold This headnote does not form part of the decision. Summary [1] The use by Dr Richard Gorringe of alternative medicine, alongside conventional medicine, was investigated in an item broadcast on Sunday at 7. 30pm on TV One on 2 September 2003. Dr Gorringe had been found guilty by the Medical Practitioners Disciplinary Tribunal on two charges of professional misconduct and one of disgraceful conduct. [2] Margaret Kirk complained to Television New Zealand Ltd, the broadcaster, that the item was biased and unfair, and trivialised the work of Dr Gorringe....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with a man about the fate of his wife who died in the February 2011 Christchurch earthquake – showed sequence of photographs as reporter stated, “As these police photos show, there were concrete cutters used on the western side of the building, but what about on the side [the woman] and four others were trapped? ” – photographs allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – photographs used to illustrate assertions, based on eyewitness evidence, that concrete cutters were available but not used – use of photographs not material in the context of the item – photographs would not have misled viewers in any significant respect – not upheld This headnote does not form part of the decision....

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....

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....

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)(a) of the Broadcasting Act 1989Sunday – item on businessman Doug Myers – reported that court battle for control of The Campbell & Ehrenfried Company was settled in Mr Myers’ favour – TVNZ acknowledged error and broadcast correction during subsequent Sunday programme – complainant dissatisfied with the broadcast correction Findings Action taken sufficient to correct the original inaccuracy – not upheld This headnote does not form part of the decision. Broadcast [1] An item on the Sunday programme, broadcast on TV One at 7. 30pm on 25 March 2007 examined the profile of businessman and brewery magnate, Doug Myers. The report canvassed some of Mr Myers’ history, including when his father made him the executive director of The Campbell & Ehrenfried Company, and said that Mr Myers: …set about shaking up the New Zealand liquor business....

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....

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, such as the impact of dairy farming on New Zealand waterways, abuse of bobby calves and financial struggles....

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 examined attitudes of “boy racers” in Christchurch and the efforts by police to curb their activities – allegedly inaccurate FindingsStandard 5 (accuracy) – item focused on the “boy racers” and their attitudes – did not purport to examine the issue from residents’ perspective – clear from the item that “boy racer” activities were noisy and disruptive – also stated that police were outnumbered and struggling to contain the problem – not inaccurate or misleading – 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 31 May 2009 reported on the ongoing problem of “boy racers” in Christchurch and efforts by police to curb their activities....

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…...