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Decisions
Broughton and RadioWorks Ltd - 2009-144
2009-144

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments about the complainant in relation to discussion about whether tobacco should be phased out as a legal product – allegedly in breach of privacy, inaccurate and unfair Findings Standard 5 (accuracy) – subsumed into consideration of Standard 6 Standard 6 (fairness) – not necessary to inform the complainant he would be referred to on the programme – host misrepresented complainant's views when he told listeners that the complainant believes smoking is a “Pakeha plot to kill Māori” and tells his clients that –complainant’s personal and professional reputation affected – unfair – upheld Standard 3 (privacy) – complainant was identifiable – complainant did not have reasonable expectation email correspondence would remain private when aware of the host’s media role – no private facts disclosed – not upheld This headnote does not form part of the decision.…...

Decisions
AA and Television New Zealand Ltd - 2007-080
2007-080

Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintAA complained that a Close Up item breached his privacy and was unfair to him by allowing his ex-wife and her father to allege that he was a wife-beater and a racist. The complainant said that Close Up had taken part in a "malicious attempt" to stop him being granted permanent residency in New Zealand. He said the item was also inaccurate, including allowing a high-ranking Immigration official to say that he had failed to declare a UK conviction for common assault on his immigration application. He provided a copy of his immigration application to show that he had declared the conviction before entering New Zealand. The Broadcaster's ResponseTVNZ said reasonable efforts had been made to get AA's side of the story, but AA had refused to be interviewed....

Decisions
Nelson City Council and Mainland Television Ltd - 2004-069
2004-069

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Issues – talkback host suggested commercial parking requirements involved double standards on part of Nelson City Council and “bordered on corruption” – host a potential candidate for Nelson mayoralty – inaccurate and unfairFindingsStandard 5 (accuracy) – standard not applicable to broadcast – not upheld Standard 6 (fairness) – opinions expressed based on inaccurate facts – unfair – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Issues broadcast by Mainland Television in Nelson on Monday evenings is a programme in which guests discuss matters with the host, Gary Watson. Opportunity is also provided for viewers to call in and discuss matters with the guest and the host. [2] Parking requirements for commercial businesses in Nelson was one of the topics discussed on Issues on Monday 8 December 2003....

Decisions
Wyatt and TVWorks Ltd - 2010-081
2010-081

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera trial of video game retailers – actors aged 16, 14 and 12 years attempted to buy R18 video game – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – viewers saw the hidden camera footage – no evidence to suggest item was inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Target, broadcast on TV3 at 7. 30pm on 29 June 2010, the presenter summarised the results of a hidden camera trial in which actors aged 16, 14 and 12 years attempted to buy a video game which had an R18 classification. A number of retailers refused sale without proof of age, while others proceeded with the sale and swiped the actors’ eftpos cards....

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
Kiro and CanWest TVWorks Ltd - 2006-105
2006-105

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item examining proposed amendment to section 59 of the Crimes Act 1961 which would remove the defence of “reasonable force” for parents charged with assaulting their children – interviewed mother and 14-year-old son – allegedly breached the boy’s privacy, was unbalanced, inaccurate and unfair and in breach of children’s interests Findings Standard 3 (privacy) – unable to determine whether the boy consented to the interview – decline to determine Standard 4 (balance) – significant perspectives put forward – not upheld Standard 5 (accuracy) – mother was presenting her own opinion, not statements of fact, and was not an “information source” under guideline 5e – did not need to outline background information about the mother – not upheld Standard 6 (fairness) – boy was exploited under guideline 6f – upheld Orders Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to…...

Decisions
Kings College and Taylor and Television New Zealand Ltd - 1995-019, 1995-020
1995-019–020

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 19/95 Decision No: 20/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by KINGS COLLEGE of Auckland and its headmaster JOHN TAYLOR Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Tongan Health Society and Television New Zealand Ltd - 2019-054 (2 December 2019)
2019-054

 The Authority has not upheld a complaint about a 1 News segment that discussed allegations and criticisms about the operations of the Tongan Health Society. The segment featured interviews with former employees and Board members who criticised the management of the Society, its CEO Dr Glenn Doherty, and called for an independent review of the Society. The Authority found that the requirements of the fairness and balance standards were met as TVNZ had taken reasonable steps to seek, and then adequately presented, the Society’s point of view on the issues raised in the programme. The Authority found the disclosure of the CEO’s request for a bonus and extracts from correspondence between the CEO and Board relating to this amounted to a breach of privacy, but determined that the defence of public interest applied on this occasion. Not Upheld: Balance Fairness, Accuracy, Privacy...

Decisions
Wellington Palestine Group and Radio New Zealand Ltd - 1994-065
1994-065

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 65 /94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Jenkin and Television New Zealand Ltd - 2004-134
2004-134

Complaints under section 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989Holmes – two items about a cat captured by complainant who thought it was a stray and took it from West Auckland to Penrose – second Holmes item advised cat found – allegedly inaccurate, unfair and a breach of privacy Eating Media Lunch – rebroadcast of some footage from Holmes – allegedly a breach of privacy FindingsHolmes items: Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld Standard 5 (Accuracy) and Guidelines 5a and 5b – no factual errors – item reported that letter of apology received since Holmes involvement, not because of Holmes involvement – not upheld Standard 6 (Fairness) and Guidelines 6a, 6c, 6d, 6f – light-hearted item – no intention to humiliate complainant – not upheld FindingsEating Media Lunch Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld…...

Decisions
Fakaosi and Television New Zealand Ltd - 1996-175, 1996-176
1996-175–176

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Wellington Palestine Group and Television New Zealand Ltd - 1997-037
1997-037

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-037 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Adair and 3 Others and TVWorks Ltd - 2009-138
2009-138

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...

Decisions
Marriott and Radio New Zealand Ltd - 2008-064
2008-064

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item concerning MAF’s approval of the importation by zoos of crocodiles and salt-water alligators – allegedly in breach of accuracy and social responsibility Findings Principle 6 (accuracy) and Principle 7 (social responsibility) – complainant mistaken as to the contents of the broadcast – not upheld This headnote does not form part of the decision. Broadcast [1] During the 7pm news bulletin on Radio New Zealand National on 24 April 2008, the following item was introduced: Crocodiles and alligators have been approved for import. The Ministry of Agriculture and Forestry has agreed to allow zoos to bring in Australian salt-water crocodiles and American alligators....

Decisions
Television New Zealand Ltd and Radio New Zealand Ltd - 1999-116
1999-116

Summary The television reviewer on RNZ’s Nine to Noon programme, Tom Frewen, stated that TVNZ "now feels" that it need not carry the leaders’ opening and closing addresses for the elections, and stated "That’s how far it’s moved away from the idea of public broadcasting". The review was broadcast was on 24 March 1999. Television New Zealand Ltd complained to Radio New Zealand Ltd, the broadcaster, that the statement was wrong, and misrepresented TVNZ’s position as had been advanced in its submissions to the Electoral Law Select Committee made on 17 March. It sought an apology. Referring to the context of the comment, RNZ stated that the comment was neither untruthful nor inaccurate. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, TVNZ referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority upholds the complaint....

Decisions
Fielding and TV3 Network Services Ltd - 2003-003
2003-003

ComplaintThe Tribe – teen drama series – violence – unsuitable viewing material for children Findings Standards 4, 5 & 6 – not relevant – decline to determine Standard 1 – contextual matters – no uphold Standard 2 – no uphold Standard 9 – not unsuitable for teenage audience – no uphold Standard 10 – violence ritualistic and symbolic – no uphold This headnote does not form part of the decision Summary [1] An episode of The Tribe, a "futuristic teen drama" was broadcast on TV3 on Sunday 14 July 2002 at 9. 50am. [2] Francis Fielding complained to TV3 Network Services Ltd, the broadcaster, that the programme contained violence and was inappropriate viewing material for children. [3] When the broadcaster failed to respond to his formal complaint, Mr Fielding referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Decisions
Nelson and The Radio Network Ltd - 2003-120
2003-120

ComplaintLeighton Smith Morning Show – Newstalk ZB – interview with Chuck Missler – evangelist from United States – advanced prophecies from the Bible including some predictions about the Antichrist – inaccurate – unfair – unbalanced – encouraged discrimination FindingsPrinciple 4 – sufficient opportunities for balance – no uphold Principle 6 – not inaccurate – no uphold Principle 7 – denigration did not breach threshold – no upholdThis headnote does not form part of the decision. Summary [1] American evangelist, Chuck Missler, was a guest on the Leighton Smith Morning Show, broadcast on Newstalk ZB, between 10–11am on 18 July 2003. In response to questions from the host and from listeners, Mr Missler spoke about the Antichrist and other predictions in the Bible....

Decisions
McPherson and Television New Zealand Ltd - 2010-061
2010-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sensing Murder – two psychics attempted to uncover information about a man’s disappearance in 1985 – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – factual information contained in the programme was accurate – psychics’ commentary about the murders was presented as their own perspective – factual material clearly distinguished from opinion, analysis and comment – no evidence viewers were misled – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sensing Murder, broadcast on TV2 at 8. 30pm on 11 March 2010, considered the disappearance of a man in 1985. His body was never found, and his family wanted to know what had happened to him....

Decisions
Banks, New Zealand Aids Foundation Inc and Bennachie and Television New Zealand Ltd - 2003-141–158
2003-141–158

ComplaintDestiny Television: Homosexuality, Religion and God – series of six programmes delivering religious sermons – denigration of and discrimination against homosexual and transsexual people – offensive – inconsistent with legislation – errors of fact – not impartial – TVNZ upheld complaint in part – apologised – removed series from repeat broadcast – dissatisfied with action taken on aspect upheld – dissatisfied with aspects not upheld Findings(1) Action taken on Standard 6 – insufficient – uphold (2) Standard 2 Guideline 2a – did not involve principle of law – no uphold (3) Standard 4, Standard 5 – not relevant – not a news, current affairs or other factual programme – no uphold OrderComplaints referred back to broadcaster under s. 13(1)(c) for further consideration of action to be taken This headnote does not form part of the decision....

Decisions
Ministry of Social Development and TVWorks Ltd - 2007-125
2007-125

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – items reported that the Ministry of Social Development had hired a “prominent drag queen to motivate staff” – reported that the National Party believed taxpayers’ money was being wasted – allegedly inaccurate and unfairFindings Standard 5 (accuracy) – items implied MSD had hired a drag artist as a motivational speaker – MSD had really hired Edward Cowley as a professional facilitator – misleading and inaccurate – upheld Standard 6 (fairness) – unfair to MSD and to Mr Cowley – upheld Standard 4 (balance) – subsumed into Standards 5 and 6 Order Section 16(4) – payment of $2500 costs to the Crown This headnote does not form part of the decision....

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