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ComplaintOne News – interview with Chief Ombudsman about tax-payer funded sex-change operation where health bureaucracy acted unfairly – incorrect impression portrayed of ombudsman’s decision contrary to agreement before interview – unfair – distortion Interlocutory Decision 2001-ID001 – order to TVNZ to supply field tape to the Authority Interlocutory Decision 2001-ID002 – order to supply field tape to the complainant FindingsStandards G4 and G19 – item explained issue dealt with in Chief Ombudsman’s ruling – extract did not distort Chief Ombudsman’s comments – Chief Ombudsman not dealt with unfairly – no uphold Standard G1 – item’s introduction inaccurate – upholdNo Order This headnote does not form part of the decision. Summary A ruling by the Ombudsman that a person seeking a taxpayer-funded sex-change operation had been treated unfairly by the health bureaucracy was dealt with in an item on One News, broadcast on TV One between 6. 00–7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Kaea – item on 26 May reported that Ngati Porou was preparing to implement Foreshore and Seabed Deed of Agreement – allegedly unbalanced Te Kaea – follow-up item on 10 July stated that three sub-tribes opposed the agreement – included comment from representatives of tribes – allegedly unbalanced and inaccurate Findings26 May item Standard 4 (balance) – item did not discuss a controversial issue of public importance – brief news item on Ngati Porou signing the Deed and what would happen next – indicated that it would be a challenge to gain support of all relevant parties – not necessary to mention groups that did not consider themselves Ngati Porou – not upheld 10 July item Standard 4 (balance) – item did not discuss a controversial issue of public importance – information piece about opposition to foreshore and seabed agreement – not upheld Standard 5 (accuracy) –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South – presenter visited lighthouse on Dog Island – told story about lighthouse keeper who “apparently fell to his death” – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – factual programme – story was presented as gossip or an anecdote – prefaced with “apparently” and “it appears” – not material points of fact – not upheld Standard 6 (fairness) – fairness standard does not apply to deceased persons – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of South, a programme featuring presenter Marcus Lush exploring Southland, was broadcast on TV One at 7. 30pm on Sunday 16 August 2009. [2] Mr Lush was shown setting out on his journey, and travelling first to Dog Island off the bottom of the South Island....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-035 Decision No: 1998-036 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DEPARTMENT OF CONSERVATION (Wanganui Conservancy) and W F CARLIN of Wanganui Broadcaster RADIO PACIFIC LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary An Our World programme about wetas, broadcast on TV One between 6. 30 – 7. 30pm on 21 June 1998, included a reference to the "Auckland Museum" in the credits. On behalf of the Auckland War Memorial Museum Public Petition Campaign Group, Mr Corrin complained to Television New Zealand Ltd that it was factually incorrect to describe the Auckland War Memorial Museum as the "Auckland Museum". On the basis that the Broadcasting Standards Authority had accepted in an earlier decision that a brief reference to the "Auckland Museum" did not contravene the standards, TVNZ declined to uphold the complaint. Dissatisfied with decision, Mr Corrin referred the Group’s complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to determine the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – 4 June report on New Zealander and Viva Palestina aid worker Nicola Enchmarch’s reaction to being caught up in an Israeli commando raid on a flotilla off Gaza – 5 June report on New Zealand protest marchers demonstrating against the raid – both items allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 2 (law and order) – items did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – items provided a New Zealand perspective on the raid – reports did not amount to a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6…...

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. ]Newshub broadcast a story about the outcome of a review by Michael Heron QC of Ministry for Primary Industries (MPI) fisheries prosecution decisions. The reporter referred to the resignations of two senior MPI officials, implying that the resignations were connected to the outcome of the Heron review. The Authority upheld the complaint that the broadcast was unfair. The item reflected negatively on the two individuals’ professional reputations and had the potential to adversely affect them. In the interests of fairness, the broadcaster should have given the individuals affected a fair and reasonable opportunity to respond to the allegations, which did not occur. The Authority did not uphold the complaint that the item breached the accuracy standard, as it found the broadcaster had made reasonable efforts to ensure accuracy by relying on sources which it satisfied itself were credible....

Summary[This summary does not form part of the decision. ]An episode of Bullies, a three-part documentary series, discussed the issue of bullying in schools. The Authority did not uphold a complaint that the documentary was unbalanced and misleading because it did not discuss the success of certain nationwide bullying prevention programmes. The documentary did discuss various anti-bullying programmes and was not otherwise misleading. Which anti-bullying initiatives to feature, and in what detail, was a matter of editorial discretion for the broadcaster. Not Upheld: Controversial Issues, AccuracyIntroduction[1] An episode of Bullies, a three-part documentary series, discussed the issue of bullying in schools. [2] David White complained that the documentary was unbalanced and misleading because it did not discuss the success of nationwide bullying prevention programmes. [3] The issue is whether the broadcast breached the controversial issues and accuracy standards as set out in the Free-to-Air Television Code of Broadcasting Practice....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 120/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TWILIGHT PROMOTIONS of Palmerston North Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 77/94 Dated the 8th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the appointment of Vienna Richards as Niu FM’s news editor – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item discussed a controversial issue of public importance – focus of the item was the appointment and the perception it had created – Ms Moore’s comments were sufficient to answer the reporter’s questions – reporter did not need to interview Ms Richards or detail her experience in journalism – not upheld Standard 5 (accuracy) – item did not misled viewers by omitting information – not upheld Standard 6 (fairness) – complainant treated fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – item reported on the Australian Government's proposal to legislate for the mandatory blocking of particular websites – contained comment from a representative of the internet civil liberties group Electronic Frontiers Australia – allegedly unbalanced and inaccurate Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance to New Zealand – not upheld Standard 5 (accuracy) – interviewee qualified his statements – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast during Radio New Zealand National's Morning Report programme on Tuesday 28 October 2008 reported on the Australian Government’s plan to legislate for the blocking of websites it deemed to be illegal or inappropriate....

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item about a woman who believed a company called Christine Layby owed her $900 – woman shown visiting the company director’s home to demand a refund – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) – ownership of a business not a private fact – disclosure of that fact not highly offensive – not upheld Standard 5 (accuracy) – decline to determine three aspects – other aspects related to website material only or interviewees’ own views – not upheld Standard 6 (fairness) – complainant had sufficient opportunity to comment – not unfair – not upheld This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 46/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CATHOLIC DIOCESE OF AUCKLAND Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-042 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P M MACCALLUM of Havelock North Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...