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Summary[This summary does not form part of the decision. ]A ONE News item reported on a protest organised by the Sensible Sentencing Trust, which carried a petition in the name of a deceased child, demanding changes to the rules around plea bargaining. The reporter stated, ‘the protestors chose disgraced ex-MP David Garrett to deliver that message to MPs. . . Garrett resigned from Parliament six years ago for stealing the identity of a dead infant. . . ’ The Authority did not uphold Mr Garrett’s complaint that this statement was misleading, as it implied the incident being referred to occurred six years ago, as well as being unbalanced and unfair to him. The Authority found the comment was not misleading, but emphasised that Mr Garrett’s resignation occurred six years ago, which was correct....

Summary[This summary does not form part of the decision. ] An episode of The Project featured an item about several aspects of the gun control debate in New Zealand, including the Police Association’s call to introduce a firearm registry and tighter restrictions on firearm ownership and importation. The Authority did not uphold a complaint that the item was materially inaccurate in relation to the number of firearms being legally imported every year into New Zealand. The Authority also found that it was not misleading to use Police Association survey statistics (rather than NZ Police data) in the broadcast as the source of the statistics was clearly identified....

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Victoria’s Empire – presenter made statements about the use of the drug opium by Chinese people in the early nineteenth century – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – presenter did not state that the Chinese as a people were addicted to opium in 1839 – reasonable viewers would have understood that the presenter’s comments were included in an historical context to explain the onset of the Opium Wars – not upheld Standard 6 (fairness) – complainant misinterpreted the presenter’s statement – presenter’s comments did not denigrate Chinese people – Chinese people treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Victoria’s Empire was broadcast on TV One at 7....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-041 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-074 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary In an item concerning the plight of ethnic Albanian refugees it was reported, in a broadcast on National Radio on 17 September 1998 at 6. 12pm, that they had been prevented by the Serbian army from returning to Albania and were unwelcome in Macedonia to the south. The secretary for the Greek Orthodox Community of Wellington and Suburbs Inc complained on its behalf to Radio New Zealand Ltd that it was inaccurate, and in direct contravention of a UN resolution, to describe the Former Yugoslav Republic of Macedonia simply as Macedonia. It also complained that RNZ had failed to show balance, impartiality and fairness in its presentation of the item. In its response, RNZ pointed out that controversy still existed over the name of the country and it contended that no inaccurate understanding had been conveyed....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – subtitled version – item on 90th birthday of Northland kaumatua – celebrations held in RSA – subtitles allegedly said that celebrations could not be held on marae because construction of local marae unable to proceed due to objections of local Pakeha – allegedly unbalanced and inaccurateFindingsSubtitled version of programme not retained by TVNZ – Authority had no evidence to establish what was said in subtitles – unable to determine despite procedural unfairness to complainant – declined to determine complaint pursuant to section 11(b) of the Broadcasting Act 1989 ObservationComplaint originally only about subtitled version – Māori-language version referred to “Pakeha rednecks” – “rednecks” concern only brought to complainant’s attention in TVNZ’s response to her original complaint – Authority has no jurisdiction to determine concerns about Maori-language version as issue not raised in original complaintThis headnote does not form part…...

SummaryKim Hill, as spokesperson for Radio New Zealand staff, was interviewed on the Tonight programme on TV One on 16 June 1999 at 10. 10pm. The discussion focused on a paper prepared by a member of the RNZ Board which proposed that its News and Current Affairs services could be contracted out. Mr Boyce complained to Television New Zealand Ltd, the broadcaster, that the broadcast both of the item, and the trailers which promoted it, breached broadcasting standards. In particular, he objected to Ms Hill, as a public sector employee, questioning the appointment of the Board member who had made the proposal. Mr Boyce also expressed concern that she had been interviewed at her home when the matters she was discussing were related to her work. In its response, TVNZ advised that it was satisfied that Ms Hill’s comments were appropriately balanced by responses from the Board’s Chairman....

Summary [This summary does not form part of the decision. ]An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance. The Authority upheld the complaint from the tenant that the programme breached her privacy and that she had been treated unfairly. The broadcaster could not demonstrate that the complainant had given consent to appear in the programme, and she had made her objections known to both the broadcaster and the production company before this third repeat broadcast, which occurred four years after the filming took place. Upheld: Fairness, PrivacyNot Upheld: Accuracy, Children’s InterestsOrder: Section 13(1)(d) – compensation to the complainant for breach of privacy $1,000Introduction[1] An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance....

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

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?...

Complaint20/20 – statement broadcast about a complaint upheld by the Authority – inaccurate – misleading – unfair FindingsStandard 5 – statement broadcast accurate – no uphold Standard 6 – not unfair – complainant did not take part nor referred to – no uphold This headnote does not form part of the decision. Summary [1] TV3 was ordered to broadcast a statement about a complaint that had been upheld by the Broadcasting Standards Authority. The statement was broadcast on TV3 at the end of a 20/20 programme at approximately 8. 30pm on 30 March 2003. [2] Mark Scott complained to TV3 Network Services Ltd, the broadcaster, that the statement broadcast was inaccurate, misleading and unfair. As the producer of the item to which the statement related, he argued that the statement was incorrect because he had evidence to the contrary....

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about the action taken by a broadcaster in response to a complaint it received about incorrect reporting of casualties in an event in Gaza. Three news bulletins on 1 News and 1 News Midday reported inconsistent numbers of Palestinians killed and injured following protests in Gaza. The broadcaster upheld a complaint that two of the bulletins were inaccurate, however the complainant was dissatisfied with the action taken by the broadcaster in response to these breaches and referred the complaint to the Authority on this basis. The Authority found that TVNZ took sufficient action, noting the broadcaster apologised in its decision to the complainant and circulated a reminder to all newsroom staff about the importance of reporting this type of information correctly....

ComplaintNational Radio – News item – Labour leader calls for support – alleged to be a party political announcement – broadcaster not independent FindingsPrinciple 6, Guideline 6a – sources cited – objective presentation – no uphold This headnote does not form part of the decision. Summary [1] A call from the leader of the Labour Party for party supporters to vote Labour, rather than for a potential coalition party, was reported in a news item broadcast on National Radio at 3. 00am on 26 July 2002. [2] Doug McElwain complained to Radio New Zealand Ltd, the broadcaster, that the item sounded like a party political broadcast, and accordingly, breached the requirement for broadcasters to maintain an independent news service. [3] In response, RNZ said the item cited the sources of information referred to and there was nothing in the item which suggested its independence had been called into question....

Complaint60 Minutes – Police shooting of Steven Wallace – unbalanced – erroneous FindingsStandard G1 – no inaccuracy – no uphold Standard G6 – broadcast balanced – balance also achieved in period of current interest – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes looked at events in Waitara in the minutes before the Police shooting of Steven Wallace. The item was broadcast on TV One at 7. 30pm on 6 May 2001. Ian White complained to the broadcaster, Television New Zealand Ltd, that the broadcast was "totally unbalanced and erroneous". TVNZ did not consider that the programme had been inaccurate. It also maintained that the programme had been balanced. Dissatisfied with TVNZ’s decision, Mr White referred the complaint to the Broadcasting Standards Authority under section 8(1)(a) of the Broadcasting Act 1989....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on New Zealand protestor’s decision to travel to Gaza with his son as part of a humanitarian aid flotilla – commented on recent Israeli commando raid on another aid flotilla – allegedly in breach of standards relating to controversial issues, accuracy, fairness and responsible programming FindingsStandard 4 (controversial issues – viewpoints) – item focused on one man – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 8 (responsible programming) – Close Up was an unclassified current affairs programme – item would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

The Authority did not uphold complaints that an item on Kerre McIvor Mornings breached the accuracy standard. The content was likely to be interpreted as commentary and opinion, and not statements of fact to which the accuracy standard applied. In terms of the balance standard, it was clearly presented from the host’s perspective. Given the nature of the programme, listeners were unlikely to have been misled by the omission of other views. The Authority also found that, in its context, the segment was unlikely to cause widespread undue offence or undermine widely shared community standards, did not actively promote serious antisocial or illegal activity and was not unfair to the Government or Prime Minister. Accordingly it did not breach the good taste and decency, law and order or fairness standards.      Not Upheld: Accuracy, Balance, Good taste and decency, Law and order, Fairness...