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Decisions
McDonald and Television New Zealand Ltd - 2010-055
2010-055

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on search for missing sailor – report stated that air force had covered an area of around 360,000 kilometres – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Monday 29 March 2010, reported on a missing sailor whose boat had been found off the Chatham Islands – the man was still missing, but his dog was found alive on board the boat. [2] During the item, the reporter stated that a “helicopter and Airforce Orion covered an area of around 360,000 kilometres from Gisborne to the East Cape”....

Decisions
Chand and Apna Networks Ltd - 2006-005
2006-005

Complaints under section 8(1)(a) of the Broadcasting Act 1989Caller to talkback on 6 November 2005 used word “Muslim” – disconnected – allegedly unbalancedNews broadcast on 7 November – four matters allegedly inaccurateNews broadcast on 20 November referred to Rugby World Cup – broadcaster acknowledged that it had been inaccurate to say that South Africa had withdrawn its bid – apology to complainant and correction broadcast a week later – action taken insufficientFindingsPrinciple 4 (balance) – did not give rise to issue of balance in talkback radio environment – not upheld Principle 6 (accuracy) – unable to determine three complaints – decline to determineNo inaccuracy in respect of fourth complaint – not upheldAction taken – action taken sufficient – not upheldThis headnote does not form part of the decision. Broadcasts and Complaints [1] Rakesh Chand complained to Apna Networks Ltd, the broadcaster, about three different broadcasts on Apna 990AM....

Decisions
Adelphi Finance Ltd and Television New Zealand Ltd - 1998-093
1998-093

Summary An item broadcast on Holmes on TV One on 15 December 1997 focussed on two teenage girls whose mother had died, owing about $2,000 to Adelphi Finance. The broadcast related how the girls’ father had moved in to care for them and how, shortly after, furniture in their house had been repossessed on behalf of that company. Adelphi Finance Ltd, through its solicitors, complained to Television New Zealand Limited, the broadcaster, that the item was factually inaccurate, distorted the actual events, was unbalanced and partial, and presented a misleading impression of both the complainant and the circumstances of the repossession. TVNZ responded that the complainant was given every opportunity to present its side and to have it included in the item. Further, it noted that a studio summation of the complainant’s case was included at the end of the broadcast....

Decisions
Brooke and Radio New Zealand Ltd - 2000-001
2000-001

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
Ryan and Television New Zealand Ltd - 2011-004
2011-004

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight – teaser for upcoming item on Prince William and Kate Middleton – presenter stated, “Will they, won’t they? Is the next King of England set to tie the knot? ” – allegedly in breach of controversial issues and accuracy standards FindingsStandard 4 (controversial issues) and Standard 5 (accuracy) – complaint trivial – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] One News Tonight, broadcast on TV One at 7pm on Tuesday 9 November 2010, contained a brief, five-second teaser for an upcoming item on Prince William’s engagement to Kate Middleton. The presenter stated, “Will they, won’t they? Is the next King of England set to tie the knot?...

Decisions
Johns and Television New Zealand Ltd - 2002-203, 2002-204
2002-203–204

ComplaintOne News and One Late Edition – news items – Bailey Kurariki – referred to as a "killer" – inaccurate – unfair Findings Standard 5 – manslaughter definition – reference not inaccurate – no uphold Standard 6 – Bailey Kurariki not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] On One News at 6. 00pm and on One Late Edition at 10. 35pm on 16 September 2002, a report about the sentencing of the people convicted for the killing of Michael Choy was broadcast. [2] Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the news reports relating to one of the people sentenced, Bailey Kurariki ("Bailey"), were inaccurate because they referred to Bailey as a "killer" and dealt with him unfairly....

Decisions
Accident Compensation Corporation and TVWorks Ltd - 2009-074
2009-074

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Nightline – alleged that ACC had not fulfilled its legal obligation to tell its clients about an Independent Earner Tax Credit – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – complainant concerned that it was not given an opportunity to respond to one statement in the item – that issue was not a controversial issue of public importance – not upheld Standard 5 (accuracy) – item was inaccurate in stating that ACC had a legal obligation to inform its clients of the credit – one aspect upheld OrderSection 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast at 6pm on TV3 on 17 April 2009, and repeated on Nightline at 10....

Decisions
Cook and Television New Zealand Ltd - 2008-021
2008-021

Complaint under section 8(1C)(C)(i) of the Broadcasting Act 1989One News – reference to China as “the godless state” – allegedly in breach of good taste and decency, balance and accuracy standards Findings Standard 1 (good taste and decency) – “godless” used in this context to mean “without a god”, not “wicked” – not upheld Standard 4 (balance) – item did not constitute a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – use of the word “godless” to mean “without a god” did not jeopardise editorial independence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, made by the BBC, was broadcast at 6pm on 25 December 2007....

Decisions
Horlor and TV3 Network Services Ltd - 2000-196, 2000-197
2000-196–197

Complaint3 News – items on black market trade in illegal cars – tax evasion – inaccurate interpretation of Motor Vehicle Dealers Act – partial – victimised businesses/individuals FindingsG14 – more than one view of Motor Vehicle Dealers Act - not inaccurate – no victimisation – no uphold G19 – editing not a distortion of events – no uphold This headnote does not form part of the decision. Summary Items on 3 News broadcast on TV3 on 9 and 10 October 2000 dealt with what appeared to be a flourishing "black market" trade in motor vehicles by unlicensed dealers. According to the items, illegal sellers were evading tax, and people who bought cars from them were not covered by consumer protection legislation. Ken Horlor complained to TV3 Network Services Ltd, the broadcaster, that the items were unbalanced, untruthful and victimised individuals and businesses trading legally....

Decisions
NZ Timber Preservation Council Inc and Television New Zealand Ltd - 2010-032
2010-032

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Is Your House Killing You? – featured family in Queensland – father had used a substantial amount of timber treated with Copper Chrome Arsenate (CCA) for landscaping and decking – programme stated that exposure to the chemicals in CCA-treated timber could cause serious health effects – allegedly in breach of controversial issues and accuracy standards FindingsStandard 5 (accuracy) – broadcaster made reasonable efforts by relying on scientific experts – mostly expert opinion – not upheld Standard 4 (controversial issues – viewpoints) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Is Your House Killing You? was broadcast on TV One at 8pm on Friday 11 December 2009....

Decisions
Cleary and Talacek and TVWorks Ltd - 2008-125
2008-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! – recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – no misleading statements – not upheld This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 9 September 2008 episode, broadcast at 7. 30pm on TV3, featured a woman named Carolyn. The Downsize Me!...

Decisions
McDonald and Television New Zealand Ltd - 2007-073
2007-073

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – statement that the average household spends 20 percent more on electricity than it did 20 years ago – allegedly inaccurate Findings Standard 5 (accuracy) – reasonable viewers would have understood that the statement referred to 20 percent of household budget, not 20 percent more money – not inaccurate – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tonight, broadcast on TV One at 10. 30pm on 31 May 2007, discussed the recent death of a woman whose power had been switched off by an electricity company. The reporter said the woman’s death had: …thrown the spotlight on the huge increases in power prices in the past 20 years. The average household now spends 20 percent more on electricity....

Decisions
Whiterod and CanWest TVWorks Ltd - 2004-180
2004-180

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting on march to Parliament opposing Civil Union Bill and other government policies, and reaction to the march from various parties – allegedly unbalanced, unfair, inaccurate and contrary to children’s interestsFindings Standard 4 (balance) – reasonable effort made to present significant viewpoints – not upheld Standard 5 (accuracy) – broadcast was impartial and objective – not misleading – not upheld Standard 6 (fairness) – no persons or organisations treated unfairly – not upheld Standard 9 (children’s interests) – child not humiliated or exploited – not upheldThis headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on TV3 at 6. 00pm on 23 August 2004 reported on the march to Parliament by those opposed to the Civil Union Bill, and the reaction to the march....

Decisions
The Monarchist League of New Zealand Inc and Radio New Zealand Ltd - 2002-090
2002-090

ComplaintInsight – item on the monarchy versus republic debate – unbalanced – unfair presentation – factual inaccuracies FindingsPrinciple 4 – range of views presented – no uphold Principle 5 – Dr Mann of the Monarchist League not dealt with unfairly – no uphold Principle 6 – no inaccuracies – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme dealing with support for a monarchy and republicanism was broadcast on National Radio on Sunday 17 February 2002 between 8. 15–8. 45am. The Queen’s impending visit to New Zealand was the catalyst for the discussion. [2] On behalf of The Monarchist League of New Zealand Inc. , Dr Noel Cox, Chairman, complained to Radio New Zealand Limited, the broadcaster, that the programme was unbalanced, factually incorrect and unfairly presented....

Decisions
Dewar and CanWest TVWorks Ltd - 2006-063
2006-063

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about the 20th anniversary of the Chernobyl disaster – said that it had killed “16,000, possibly double, even treble that” – complaint that figure was inaccurate – broadcaster upheld the complaint on the basis that there was dispute about the number of deaths and the item should have reported this – broadcaster discussed the issue with newsroom staff – complainant dissatisfied with reasons for upholding decision and action takenFindingsStandard 5 (accuracy) – CanWest’s reasons for upholding decision were incorrect – should have upheld the complaint on the basis that the figures in the report were inaccurate, not because the position was uncertain – upheldNo OrderThis headnote does not form part of the decision....

Decisions
McDonald and Television New Zealand Ltd - 2005-012
2005-012

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – comment that an earthquake had occurred “just after sunrise” – complaint that earthquake was at least one hour and 45 minutes after sunrise – allegedly inaccurateFindings Standard 5 (accuracy) – figure of speech – introductory comment only – not presented as a statement of fact – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up on TV One at 7pm on 21 January 2005 described an earthquake which had been felt in the Wellington district that morning. The presenter said “the big ‘quake struck just after sunrise”. Complaint [2] Donald McDonald complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and in breach of Standard 5....

Decisions
James and Television New Zealand Ltd - 2000-172, 2000-173
2000-172–173

Complaint 5 o’clock with Jude Dobson – naturopath promoted soy products as being efficacious for menopausal women – unbalanced – inaccurate FindingsAdvertising programme within the meaning of s. 2 of the Broadcasting Act 1989 and therefore not within the Authority’s jurisdiction – decline to determine This headnote does not form part of the decision. Summary During an item on 5 o’clock with Jude Dobson broadcast on TV One on 4 July 2000, a guest promoted the use of Blackmore’s soy products as being healthy and offering relief against menopausal symptoms. A second 5 o’clock with Jude Dobson programme, broadcast on 6 July referred to a soy-based product. Richard James complained to Television New Zealand Ltd that the programmes were deceiving to viewers as they were actually a commercial promotion, and that it was inaccurate to claim that soy products had a palliative effect on menopausal symptoms....

Decisions
O'Brien and Television New Zealand Ltd - 2010-024
2010-024

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that a homicide investigation was underway after the death of Rotorua high school principal Hawea Vercoe – presenter stated that Mr Vercoe had died after being punched to the ground during a fight – included details of a recent conviction – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – reporters entitled to rely on information provided by police – broadcaster made reasonable efforts to ensure that the report was accurate – not upheld Standard 6 (fairness) – standard does not apply to deceased persons – family did not take part and were not referred to – 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 Sunday 22 November 2009, reported on the death of high school principal Hawea Vercoe....

Decisions
Zarifeh, on behalf of the Wellington Palestine Group, and Radio New Zealand Ltd - 1999-030
1999-030

SummaryA news report on Radio New Zealand’s Morning Report on 20 November 1998 at about 7. 30am stated: "In Israel more land is to be handed over to the Palestinians". Ms Zarifeh, on behalf of the Wellington Palestine Group, complained to Radio New Zealand Ltd, the broadcaster, that the report was inaccurate. She pointed out that the land in question was not in Israel, but was illegally occupied by Israel. It was wrong, she continued, to convey the impression that Israel was somehow being generous in giving the land away. The Group had complained about such inferences in reporting on a number of occasions in the past, she noted, and it was unfortunate that RNZ had "resumed the practice of mislabelling the boundaries of the Middle East....

Decisions
Turney and Television New Zealand Ltd - 1996-154
1996-154

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-154 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN TURNEY of Kumeu Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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