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Decisions
Naqvi and The Radio Network Ltd - 2008-142
2008-142

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Holmes Breakfast – host discussed recent terrorist attacks in Mumbai – made various comments about Muslims and terrorism – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – programme was an opinion piece – lacked the necessary invective to cross the threshold for denigration – not upheld Standard 4 (controversial issues - viewpoints) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 5 (accuracy) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 6 (fairness) – not unfair to Muslim people – not upheld This headnote does not form part of the decision....

Decisions
Maka and Television New Zealand Ltd - 2007-062
2007-062

Tapu Misa declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Tagata Pasifika– item reported on the Government’s Recognised Seasonal Employer Scheme – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (accuracy) – item would not have misled viewers – item did not purport to be an in depth discussion of the scheme – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tagata Pasifika broadcast at 11. 05pm on 3 May 2007, reported on the announcement of the New Zealand Government’s Recognised Seasonal Employer Scheme (the RSE scheme)....

Decisions
Reekie and Television New Zealand Ltd - 2009-111
2009-111

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

Decisions
Carapiet and Radio New Zealand Ltd - 2002-007
2002-007

ComplaintEureka – Royal Commission on Genetic Modification – GE Free rally – rally participants interviewed – approach assured participants rejected Commission findings – views misrepresented – unbalanced FindingsPrinciple 5 – interviewees not treated unfairly – no uphold Principle 6 – factual reports and opinion distinguished – no uphold This headnote does not form part of the decision. Summary [1] An interview with one of the Commissioners from the Royal Commission on Genetic Modification, and comments from participants at a GE-Free rally, were included in the edition of Eureka broadcast on National Radio on 9 September 2001 and repeated on 10 September. Eureka is a science magazine programme broadcast weekly. [2] Jon Carapiet complained to Radio New Zealand Ltd, the broadcaster, that the programme’s approach was unbalanced as the item sought to represent those at the rally as ill-informed. Consequently, he said, their views were misrepresented....

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
Hill and TV3 Network Services Ltd - 2000-123
2000-123

Complaint3 News – item about Parihaka commemoration – omission to provide full, accurate historical background – unbalanced FindingsStandard G14 – context – further historical information not required – no uphold This headnote does not form part of the decision. Summary An item about commemorative celebrations planned or held to mark significant dates for Parihaka descendants was broadcast on 3 News on TV3 at 6. 00pm on 25 March 2000. S R Hill complained to TV3 Network Services Ltd, the broadcaster, that the item did not provide full and accurate information about the history of Parihaka, and that it had been unbalanced and biased in favour of the Parihaka Maori as a result. TV3 responded that the modest amount of background material provided in the item was set out to explain the context of the events about which TV3 was reporting....

Decisions
Hamer and Television New Zealand Ltd - 2011-149
2011-149

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Real Crime: Broken Promises, Broken Brides – investigated the mistreatment of foreign brides in New Zealand – profiled a Malaysian woman who died of a methadone overdose – interviewed her husband who was convicted of her manslaughter – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – programme did not create a misleading impression that the complainant intended to murder his wife – reporter outlined the facts of the case and clearly stated the complainant was convicted of manslaughter – complainant’s perspective was included in the programme – programme was accurate and would not have misled viewers – not upheld Standard 6 (fairness) – complainant was provided with a sufficient opportunity to give his perspective in two interviews – interviews were not unfairly edited – overall complainant was treated fairly – not upheld This headnote does not form part of the decision.…...

Decisions
SilkRoutes Artifacts and Carpets Ltd and Television New Zealand Ltd - 2000-063
2000-063

ComplaintHolmes – bargain priced Persian rugs – false statements – implied discounts not genuine Findings(1) Standard G1 – no express or implied inaccuracy – no uphold (2) Standard G4 – no implication of fraudulent misrepresentation – no unfairness to complainant or its director – no uphold (3) Standard G6 – reasonable opportunity given for comment – no uphold This headnote does not form part of the decision. Summary An item on Holmes broadcast on TV One at 7pm on 22 November 1999 featured Persian rugs sold by SilkRoutes Artifacts and Carpets Ltd. It was reported that rugs sold by SilkRoutes were advertised as "massively discounted". Customer concerns about the value of the rugs were raised, in particular by the purchasers of a Qum rug. SilkRoutes, through its solicitor, complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate, unbalanced, inflammatory and unfair....

Decisions
Pompallier Catholic College and Television New Zealand Ltd - 2012-122
2012-122

Mary Anne Shanahan declared a conflict of interest and stood aside from this decision....

Decisions
Hingston and Television New Zealand Ltd - 2002-076
2002-076

ComplaintFair Go – consultation fee for general practitioner when there is an ACC contribution – practice to reduce fee to patient – opinion given that not to do so may amount to using finance as a barrier to treatment which is unethical – untrue – unfair FindingsStandard G1 – statement incorrect – uphold Standard G4 – not unfair in context – no uphold – no order AppealConsent order – appropriateness of no order(s) being imposed remitted back to the Authority Findings on ReconsiderationNo order appropriate This headnote does not form part of the decision. Summary [1] An item on Fair Go examined the case of a rugby player who went to a medical practitioner because of an injury. It was reported that ACC contributed $26 to the doctor for each consultation, but he had not reduced his fee for the player....

Decisions
Bolot and Television New Zealand Ltd - 2010-149
2010-149

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....

Decisions
Banks and Dempsey and Television New Zealand Ltd - 2005-008
2005-008

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – programme focussed on forthcoming Civil Unions Bill – included a telephone poll asking viewers to respond to the question “Should gay relationships be legally recognised” – polls results found 24% in favour of gay relationships being recognised and 76% against – closing comments by host queried which polls politicians in support of the Bill were relying on – allegedly unbalanced and inaccurateFindings Standard 5 (accuracy) – poll not presented as scientific – results reflected only the views of those willing to call in – limitations of poll clear – host’s comments presented as opinion not fact – not upheld Standard 4 (balance) – standard not applicable – not upheldThis headnote does not form part of the decision....

Decisions
Sanders and Radio 531 PI - 2002-176, 2002-177
2002-176–177

ComplaintRadio 531 PI Breakfast Show – interview about organisation of International Laugh Festival – complainant named and criticised as festival producer – breach of privacy – comments unfair and inaccurate – broadcasters acknowledged some comments as unfair – apology promised – action taken insufficient FindingsPrivacy – no private facts disclosed – expression of opinion only – no uphold Principle 5 – comments unfair – uphold Principle 6 – not a news or current affairs programme – no uphold Action taken Written apology tendered to complainant through Authority – sufficient This headnote does not form part of the decision. Summary [1] The International Laugh Festival was discussed on Radio 531 PI on the morning of 6 May 2002. A Pacific Island comedian, who was not included in the televised Gala part of the Festival, was interviewed....

Decisions
Rupa and Television New Zealand Ltd - 2010-058
2010-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – programme asked viewers for their opinions on changing the New Zealand flag – showed five flag options – allegedly inaccurate FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – not inaccurate on material points of fact or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Friday 5 February 2010, asked viewers for their opinions on changing the New Zealand flag. The programme ran a poll to determine viewers’ preferences for a proposed flag and provided them with five different options to choose from....

Decisions
Newman and The Radio Network Ltd - 2004-195
2004-195

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nelson Newstalk ZB interview following local body elections – Mayor of Nelson commented on his lessened majority – stated that Grey Power had been “hijacked” by members of his opponent’s team – allegedly unbalanced, unfair, inaccurate and encouraged denigration Findings Principle 4 (balance) – no controversial issue of public importance – not upheld Principle 5 (fairness) – no persons treated unfairly – not upheld Principle 6 (accuracy) – expression of opinion – standard does not apply – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – expression of opinion – standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A broadcast on Nelson Newstalk ZB on 11 October 2004 at around 11. 30am featured an interview with the winning Mayors of Nelson (Paul Matheson) and Tasman (John Hurley)....

Decisions
Institute of Directors and Television New Zealand Ltd - 2009-055
2009-055

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported on the former chairman of Bridgecorp, Bruce Nelson Davidson, appearing in the District Court – stated that Mr Davidson was a past president of the Institute of Directors and of the Auckland District Law Society – allegedly in breach of privacy, accuracy and programme information standards Findings Standard 5 (accuracy) – broadcaster upheld accuracy complaint – action taken by broadcaster sufficient – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6....

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
Lee, Page and Norris and Television New Zealand Ltd - 2004-153
2004-153

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on art piece commissioned for Venice Biennale at cost of $500,000 in public money – interview with Peter Biggs of Creative New Zealand – allegedly unfair to Mr Biggs and misleading/inaccurate FindingsStandard 4 – not unbalanced – Mr Biggs was able to present his view – not upheld Standard 5 – item did not suggest that braying toilet was the work to be exhibited – not misleading or inaccurate – not upheld Standard 6 – Mr Biggs not treated unfairly – as a seasoned media commentator he was able to get his point across – not upheld Standard 8 – not relevant – declined to determine This headnote does not form part of the decision....

Decisions
Fox and Radio New Zealand Ltd - 1999-010
1999-010

SummaryAn interview with physicist Dr Paul Davies focussed on what the interviewer described as "one of the world’s greatest mysteries, how did life first get started" in an episode of the BBC series, Discovery, broadcast on National Radio on 7 October 1998. Dr Davies hypothesised on the processes of mutation and natural selection, and the possible injection of information into genomes through Darwinian evolution. Mr Fox complained to Radio New Zealand Limited, the broadcaster, that Dr Davies’ comments were inaccurate and unbalanced. He said it was incorrect to state that mutation and natural selection increased information in the genome. The programme, he wrote, should have included the Creationist view about the origin of information in living things. Responding, RNZ denied that the comments were inaccurate, and pointed out that they were the scientifically-based opinions of Dr Davies, had been identified as such, and were reported truthfully and accurately....

Decisions
Jeffs and Brown and Television New Zealand - 1995-090, 1995-091
1995-090–091

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 90/95 Decision No: 91/95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JILL JEFFS of Orewa and R BROWN of Otorohanga Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

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