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Hirschfeld and Television New Zealand Ltd - 2011-028
2011-028

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on legal aid lawyer Charl Hirschfeld’s resignation – stated that his “resignation comes within days of the Law Society launching an investigation into his legal aid work”, he “topped the legal aid rich list”, the LSA had “completed an investigation into payments to Mr Hirschfeld” and “in the last year Charl Hirschfeld netted $3. 2 million in legal aid money” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – Mr Hirschfeld’s arguments primarily issues of semantics – statements not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster treated Mr Hirschfeld fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Wednesday 26 January 2011, reported on legal aid lawyer Charl Hirschfeld’s resignation....

Decisions
Balfour and Television New Zealand Ltd - 2012-040
2012-040

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on court proceedings in which the complainant was found guilty on charges under the Animal Welfare Act 1999 – contained footage of SPCA raid at his property and photographs of cats and dogs – allegedly inaccurate, unfair and in breach of privacy FindingsStandard 3 (privacy) – complainant identifiable – photographs legitimately obtained by SPCA – use of archive footage justified given ongoing interest in Mr Balfour’s activities and properties – footage of dogs in a playpen was innocuous and used as visual wallpaper to report on court proceedings in which Mr Balfour was found guilty of serious charges – footage of Mr Balfour being served with search warrant was not obtained by “prying” – harm to Mr Balfour in terms of underlying objective of privacy standard resulted from conviction, not the item – item did not…...

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
de Villiers and Television New Zealand Ltd - 2012-108
2012-108

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – wanted offender described as “possibly Māori but pale skinned” and “possibly Māori, [with a] light complexion” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration standards FindingsStandard 7 (discrimination and denigration) – segment did not encourage the denigration of, or discrimination against, Māori as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] A segment on Police Ten 7 profiled an aggravated robbery of a bar in Christchurch. Viewers were told that it was committed by three men, two armed with guns and one armed with a crowbar. The segment included security footage of the robbery, outlined the facts of the case, and outlined ways that viewers may be able to help police identify the offenders....

Decisions
Sperry and Television New Zealand Ltd - 2012-076
2012-076

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on a study into the effects of 1080 poison on native robins – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 4 (controversial issues) – the use of 1080 as a method for pest control in New Zealand is a controversial issue of public importance – use of 1080 has been the subject of ongoing debate and the item contributed a new development in the debate – viewers could reasonably be expected to be aware of arguments on both sides of the debate – significant viewpoints were presented in the programme to an extent that was appropriate given the nature of the issue – not upheld Standard 5 (accuracy) – alleged inaccurate headlines did not form part of television broadcast so outside our jurisdiction – reporter’s statements were not material to the focus of…...

Decisions
Golden and Radio New Zealand Ltd - 2012-109
2012-109

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – host conducted interview with Dick Pound, founder of the World Anti-Doping Agency – host made three references to Jamaica – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Checkpoint contained an interview with Dick Pound, the founder of the World Anti-Doping Agency (WADA)....

Decisions
Blanch and Shapiro and RadioWorks Ltd - 2012-072
2012-072

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed sentencing of ‘Urewera Four’ members – comparisons made with treatment of complainant who was discharged without conviction after being found guilty of similar charges – complainant phoned in to the programme and explained background to his case – hosts accused him of lying and called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter” – allegedly in breach of standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – hosts’ use of the terms “psychopath” and “sociopath” and comparison with “Hannibal Lecter” amounted to personal abuse – Mr Shapiro unable to defend himself as phone call had ended – Mr Shapiro treated unfairly – upheld Standard 4 (controversial issues) – broad focus of the item was a controversial issue of public importance – however, item did not…...

Decisions
Baird and Television New Zealand Ltd - 2012-101
2012-101

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Votes for Women: What Really Happened? (More or Less) – Sunday Theatre docudrama about New Zealand being the first country to give women the right to vote – allegedly inaccurate Findings Standard 5 (accuracy) – programme was a docudrama which legitimately employed dramatic licence to portray historical events – not a news, current affairs, or factual programme to which the accuracy standard applied – not upheld This headnote does not form part of the decision. Introduction [1] Votes for Women: What Really Happened? (More or Less) was broadcast as part of TV One's Sunday Theatre timeslot on 24 June 2012. It was a docudrama based on historical facts about how women in New Zealand were given the right to vote in 1893....

Decisions
Chan and TVWorks Ltd - 2011-170
2011-170

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – items asked viewers for their opinions on changing the New Zealand flag – showed brief visual overview of New Zealand flags – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – complaint frivolous and vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Items broadcast on Campbell Live on TV3 at 7pm on 22 and 23 September 2011, asked viewers for their opinions on changing the New Zealand flag, which had been a topic of discussion during the Rugby World Cup....

Decisions
Grieve and Television New Zealand Ltd - 2011-120
2011-120

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Australia’s recent attempts to reduce pollution by introducing a carbon tax scheme – referred to “pollution”, “polluters” and “carbon” – allegedly inaccurateFindings Standard 5 (accuracy) – item used simplified language to convey scientific concepts to the average viewer – not inaccurate or misleading – not upheldThis headnote does not form part of the decision. Introduction[1] An item on One News, broadcast on TV One at 6pm on 10 July 2011, reported on Australia’s recent attempts to reduce pollution by introducing a carbon tax scheme. The item contained the following statements:“Australia is following New Zealand’s lead on reducing pollution by unveiling a new carbon tax scheme. ” (newsreader) “The science is clear. Our planet is warming. That warming is caused by carbon pollution by human activity and we need to cut carbon pollution....

Decisions
Smith and TV3 Network Services Ltd - 2003-006
2003-006

Complaint 20/20 – "The Goons" – item about Christchurch Prison Emergency Response Unit – inaccurate, unfair and unbalanced FindingsStandards 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracies (i) did not "order" penis incident; (ii) not found guilty of 21 breaches of code of conduct – uphold on these 2 points – no other inaccuracies Standard 6 – complainant no opportunity to present views – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] "The Goons", an item on 20/20, was broadcast by TV3 at 7. 30pm on 9 June 2002. The item investigated the activities of the Christchurch Prison Emergency Response Unit (ERU), referred to by some as the "Goon Squad". [2] Doug Smith complained to TV3 Network Services Ltd, the broadcaster, that the item contained a number of inaccurate statements, and was unbalanced....

Decisions
Wilson and Television New Zealand Ltd - 2001-045
2001-045

ComplaintIt’s Your Money – item on two men looking for love – criticism of The Company Company Ltd, which provides organised singles events – unfair, unbalanced, inaccurate FindingsStandard G1 – programme not inaccurate – no uphold Standard G4 – Company able to respond on the programme to criticisms made – no uphold This headnote does not form part of the decision. Summary The episode of It’s Your Money which screened on TV2 at 8pm on 12 February 2001 was sub-titled "Looking for Love". The programme looked at the experiences of two men, each of whom had spent time and money trying to find a female partner. The programme examined the various options open to the men, such as dating agencies, internet dating, and event organisers, and explored whether clients of these organisations were getting value for money....

Decisions
MacCallum and Television New Zealand Ltd - 2001-099
2001-099

ComplaintOne News – item on Ngati Ruanui’s acceptance of Treaty of Waitangi claim settlement – conflicts of 1860s–1880s described as Taranaki Land Wars – description unfair and inaccurate – item biased FindingsStandard G1 – not a point of fact – no uphold Standard G6 – not unbalanced, unfair or impartial – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6pm on 12 April 2001 reported that Ngati Ruanui of South Taranaki had voted to accept a $41 million offer from the government to settle a Treaty of Waitangi claim dating back to the 1860s. During the course of the item, the conflicts of the 1860s-1880s were described as the Taranaki Land Wars....

Decisions
Zohrab, on behalf of the New Zealand Equality Education Foundation, and Television New Zealand Ltd - 2002-149
2002-149

ComplaintOne News – item about gender income differences – unbalanced – inaccurate – denigration and discrimination of male employers FindingsStandard 4 – range of perspectives presented – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – not unfair to male employers – no uphold This headnote does not form part of the decision. Summary [1] A One News programme, broadcast at 6. 00pm on 20 June 2002, featured an item which sought to explain census figures which showed that women were earning less than their male counterparts. [2] Peter Zohrab, on behalf of the New Zealand Equality Education Foundation, complained to Television New Zealand Ltd, the broadcaster, that the news item was unbalanced, inaccurate, and encouraged denigration and discrimination against male employers....

Decisions
Francis and TV3 Network Services Ltd - 2002-023
2002-023

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....

Decisions
Credo Society Inc and Radio New Zealand Ltd - 2000-034
2000-034

SummaryA segment of Sunday Supplement included an opinion piece by a contributor called James Macky. He commented at length on a newspaper column captioned "If gay is the answer, what’s the question". The programme was broadcast on National Radio on 22 August 1999 between 8. 45–9. 00am. The Credo Society Incorporated, through its secretary Mrs Barbara Faithfull, complained to Radio New Zealand Ltd, the broadcaster, that the segment was biased and contained unfair and inaccurate comment. The speaker employed deceitful means by using an assumed name, Mrs Faithfull wrote, and the effect of that was to mislead listeners about the speaker’s credibility. RNZ responded that the segment was an opinion piece in Sunday Supplement which was a programme of review and opinion....

Decisions
Hall and Television New Zealand Ltd - 2000-053
2000-053

ComplaintOne News – defence spending – F-16 fighter plane deal – cost misrepresented – inaccurate FindingsStandard G14 – no inaccuracy – cost quoted was approximate and based on reliable source material – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast by TV One between 6. 00–7. 00pm on 24 February 2000 commented that an "expensive" proposed F-16 fighter plane deal with the United States "could cost taxpayers a billion dollars". Mr Hall complained to Television New Zealand Ltd, the broadcaster, that the total cost of the project was approximately half of what was reported. TVNZ responded that the billion dollar figure was cautiously based on the opinion of sources with expertise in the area. It declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Hall referred the complaint to the Broadcasting Standards Authority under s....

Decisions
Wang and TVWorks Ltd - 2011-133
2011-133

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...

Decisions
Ashton and Radio New Zealand Ltd - 2012-060
2012-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – item reported on “An Anglican Minister who has been suspended after he removed children from a youth camp… to protect them from a man he believed was a sexual predator” – allegedly in breach of controversial issues, fairness and accuracy standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not provide any details about corroborating evidence to support allegations – church was provided with a fair opportunity to comment but the item failed to adequately present the church’s response – church and Bishop treated unfairly – upheld Standard 5 (accuracy) – Authority not in a position to determine whether impression of alleged offending was misleading – matters more appropriately addressed as issues of fairness – not upheld Standard 4 (controversial issues) – item did not discuss a controversial issue of…...

Decisions
Whyte and Televison New Zealand Ltd - 2012-070
2012-070

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on “skimming” scheme in which accused allegedly “fleeced money from customers who used eftpos machines inside at least one Auckland business” – referred to and showed footage of the “Brooklyn Bar” in Auckland where, according to one customer, he had his card “skimmed” – allegedly in breach of standards relating to accuracy and fairnessFindingsStandard 6 (fairness) – item wrongly identified the Brooklyn Bar as having been targeted by the fraud – Brooklyn Bar was singled out and was the only business identified, which was unfair and created the impression the business was unsafe – reporter should have obtained verification from the complainant who owns the bar – complainant not provided with a fair and reasonable opportunity to comment and correct information – complainant and his business treated unfairly – upheldStandard 5 (accuracy) – item created misleading impression that…...