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Decisions
Radisich and Television New Zealand Ltd - 2016-052 (2 December 2016)
2016-052

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on complaints by two families about the allegedly unsatisfactory supply and installation of their swimming pools, purchased from The Spa and Pool Factory (SPF). During the item, the reporter also noted that the Auckland Council was investigating SPF regarding ‘potentially fraudulent documentation’. The Authority did not uphold a complaint from the director of SPF that the item was inaccurate, unfair and in breach of his privacy. The broadcaster made reasonable efforts to ensure that the programme was accurate and did not mislead viewers, going directly to Mr Radisich and to Auckland Council to seek their comments on the issues raised....

Decisions
Yeldon and Television New Zealand Ltd - 2004-029
2004-029

ComplaintDocumentary New Zealand – Mental Breakdown – three people suffering from serious mental illness – released into community – tragic results – documentary said to be unbalanced and inaccurate, and to have denigrated the mentally ill Findings Standard 4 – item’s focus on three cases where the mental health system had failed – balanced in view of narrow focus – not upheld Standard 5 – accurate in view of item’s focus – not upheld Standard 6 and Guideline 6g – no discrimination against or denigration of mentally ill in view of item’s focus – not upheldThis headnote does not form part of the decision Summary [1] Three cases involving people suffering from serious mental illness who were released into the community with tragic results were examined in a documentary broadcast on TV One. The programme Documentary New Zealand – Mental Breakdown was screened at 8....

Decisions
Wasan International Co Ltd and Kang and Television New Zealand Ltd - 2004-145
2004-145

Complaint under section 8(1)(a) of the Broadcasting Act 1989Asia Down Under and One News – One News item replayed significant footage screened on Asia Down Under earlier in the morning – programmes addressed issue of need for regulation of immigration consultants – profiled situation of Korean family, the Yangs, who were seeking permanent residency in New Zealand – outlined Yangs’ dealings with immigration consultancy firm Wasan International Co Ltd and its director Edward Kang – discussed high fees charged and lack of success in their applications to date – Asia Down Under team arrived unannounced at Wasan Ltd’s offices and requested interview with Mr Kang – used comments on wider issue from Immigration Minister Paul Swain – used comments from representative of New Zealand Association for Migration and Investment – Asia Down Under reported police and NZAMI investigations of Wasan Ltd – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance)…...

Decisions
Tichbon and Television New Zealand Ltd - 2000-171
2000-171

ComplaintDocumentary New Zealand: "Finding Family" – violent family relationship described by woman victim – inaccurate – unfair – unbalanced – discriminated against men FindingsProgramme about family reunification, not spousal abuseStandard G1 – no uphold Standard G4 – no uphold Standard G6 – no uphold Standard G13 – no uphold This headnote does not form part of the decision. Summary The theme of Documentary New Zealand: "Finding Family", broadcast on TV One on 31 July 2000 beginning at 8. 30pm, was the reunification of family members who had been separated. One woman described how she had become separated from her son when she escaped from a violent relationship some 30 years previously. He was tracked down by the Salvation Army in Australia....

Decisions
Harrison and Television New Zealand Ltd - 2009-061
2009-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

Decisions
McDonald and Radio New Zealand Ltd - 2009-115
2009-115

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item reported that 66 New Zealanders had opted to change their status as Distinguished Companions of the New Zealand Order of Merit and take on the titles “Sir” or “Dame” – included interview with Witi Ihimaera – presenter referred to Mr Ihimaera as being a Companion of the New Zealand Order of Merit – allegedly inaccurate FindingsStandard 5 (accuracy) – the full title of Mr Ihimaera’s honour was not a material point of fact – listeners understood that he could have received the title of “Sir” but had declined to adopt it – not upheld This headnote does not form part of the decision....

Decisions
Shandil and Apna Networks Ltd - 2006-049
2006-049

Complaint under section 8(1)(a) of the Broadcasting Act 1989Special talkback show on Apna’s first birthday hosted by Programme Director – complainant was a former employee and telephoned the show – call disconnected – later caller told that the former employee’s employment had been terminated or he had resigned – allegedly in breach of privacy, inaccurate and unbalanced FindingsPrinciple 3 (privacy) – no private fact disclosed – not upheld Principle 4 (balance) – broadcast did not deal with controversial issue of public importance – not upheld Principle 6 (accuracy) – broadcast did not deal with news and current affairs – not upheld This headnote does not form part of the decision. Broadcast [1] On 30 April 2006, Apna 990am celebrated its first birthday and invited callers to express their views on air. The session was hosted by Apna’s Programme Director, Shahil Shah. [2] At about 4....

Decisions
Anderson and Television New Zealand Ltd - 2004-224
2004-224

Diane Musgrave declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Murder on the Blade?...

Decisions
Mental Health Foundation of New Zealand and TV3 Network Services Ltd - 2002-047
2002-047

ComplaintLaw and Order – person with mental illness portrayed as violent, unpredictable and evil – inaccurate – unfair – stereotype FindingsStandard G1 – fiction – no uphold Standard G6 – fiction – no uphold Standard G12 – 9. 30pm not usual children’s viewing time – decline to determine Standard G13 – dramatic work – no uphold Standard G20 – fiction – no uphold This headnote does not form part of the decision. Summary [1] The murder of an eight-year-old boy and subsequent investigation was dramatised in an episode of Law and Order broadcast on TV3 at 9. 30pm on 15 December 2001. It was disclosed that he was killed by two girls (aged 13 and 10) and at the trial, the prosecution argued that the younger girl was a "sociopath", while the defence argued that she had "frontal lobe damage" following an accident, and had suffered ongoing abuse....

Decisions
Agostino and TVWorks Ltd - 2012-084
2012-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

Decisions
Gray and Radio New Zealand Ltd - 2011-064
2011-064

Complaint under section 8(1B)(b)(i) and (ii) of the Broadcasting Act 1989Te Ahi Kaa – discussed post-earthquake relief efforts in Christchurch – included audio extract from a previous news bulletin reporting on the earthquake – allegedly in breach of accuracy and responsible programming standards – broadcaster upheld complaint under responsible programming standard – action taken allegedly insufficient FindingsStandard 8 (responsible programming) – action taken by the broadcaster was sufficient – not upheld Standard 5 (accuracy) – use of audio extract not inaccurate or misleading when considered in context – not upheld This headnote does not form part of the decision. Broadcast [1] Te Ahi Kaa, a programme broadcast on Radio New Zealand National on Monday 14 March 2011 just after the 1am news bulletin, discussed some of the post-earthquake relief efforts in Christchurch....

Decisions
Welsh and Television New Zealand Ltd - 2011-137
2011-137

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989One News – New Zealand Labour Party Opening Address included discussion about Capital Gains Tax – showed list of countries entitled “OECD countries with some form of tax capital” which included Singapore – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air TV Code – inclusion of Singapore in list graphic was not a material point of fact – Singapore was not referred to verbally – broadcaster and the Labour Party acknowledged that it was an error and it will not appear in future broadcasts – Opening Address not misleading or inaccurate – not upheld This headnote does not form part of the decision....

Decisions
Kammler and Television New Zealand Ltd - 2000-045
2000-045

ComplaintOne Network News – economic report – deficit – inaccurate – omission of information FindingsStandard G14 – no further information necessary – not inaccurate – simplicity important in reporting news in accessible way – no uphold This headnote does not form part of the decision. Summary An item on One Network News broadcast on TV One at 6pm on 21 December 1999 concerned New Zealand’s deficit. It was reported that economists and politicians had emphasised that increased saving and exports were required to improve the deficit. K H Peter Kammler complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurately reported because "invisibles" such as the profits of overseas shareholders were not mentioned as a major factor in contributing to the deficit. He also contended that the suggestion made in the item that increasing exports would assist in reducing the deficit was "fraught with… difficulties"....

Decisions
Beardsley and TVWorks Ltd - 2012-020
2012-020

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on likely ban of guided heli-hunting on conservation land – contained file footage of commercial deer recovery – footage allegedly inaccurate, misleading and unfair FindingsStandard 5 (accuracy) – footage of commercial hunting would have misled viewers to believe that it applied directly to the story – footage should have been explained to ensure that viewers understood it related to commercial hunting which is a completely different industry to heli-hunting – broadcaster did not make reasonable efforts to ensure that the item did not mislead – upheld Standard 6 (fairness) – commercial hunting industry was not an “organisation” for the purposes of the standard – not upheld No Order This headnote does not form part of the decision....

Decisions
Phan and Television New Zealand Ltd - 2012-123
2012-123

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – items investigated complaint against The Battery Clinic and its manager, the complainant, relating to a system developed to extend the life of batteries in older hybrid vehicles – experts expressed concerns about the safety of the system – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – Fair Go had a sufficient basis for presenting the view that the system developed by the complainant was potentially dangerous – complainant provided with a fair and reasonable opportunity to respond to claims and to defend his invention, and his perspective was fairly presented in the broadcasts – very high public interest in reporting on matters that have the potential to impact on public safety – overall, complainant and the Battery Clinic were treated fairly – not upheld Standard 5 (accuracy) – alleged inaccuracies related to mechanical and engineering matters outside the Authority’s expertise…...

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
Maasland & Others and Radio New Zealand Ltd - 2014-118
2014-118

Summary[This summary does not form part of the decision. ]Sunday Morning contained two items on the historical relationship between Israel and apartheid South Africa: Counterpoint contained a discussion of the relationship between Israel and South Africa and of Israel's arms industry; and an interview with an anti-apartheid activist discussed this topic as well as modern-day Israel's treatment of Palestinians. The Authority upheld complaints that the broadcast breached the controversial issues standard, as no alternative perspective was presented either within the broadcast, in any proximate broadcast or in other media. The Authority declined to uphold the remainder of the complaints because: the statements complained of were either expressions of opinion or matters the Authority cannot determine and therefore were not subject to the accuracy standard; the statements did not reach the high threshold necessary to encourage discrimination or denigration; and the programme did not treat any individual or organisation unfairly....

Decisions
McLoon and MediaWorks TV Ltd - 2015-071 (28 January 2016)
2015-071

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

Decisions
Hawker and TVWorks Ltd - 2013-076
2013-076

Summary [This summary does not form part of the decision. ] Two teams of comedians on 7 Days made comments about the complainant, a Christchurch City Council candidate who had been in the news for exposing people who visited an illegal brothel. The Authority did not uphold the complaint that this was unfair. The complainant willingly put himself in the public eye, and it was reasonable to expect scrutiny. The comedy genre of the programme, and the tone of the comments, indicated this was not intended as a personal attack on the complainant, or to be informative, but was purely for the purpose of entertainment and humour, so potential harm to the complainant was minimal....

Decisions
Jensen and Television New Zealand Ltd - 1990-024
1990-024

Download a PDF of Decision No. 1990-024:Jensen and Television New Zealand Ltd - 1990-024 PDF255. 74 KB...

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