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Donnelly, on behalf of the Eden Park Neighbours' Association, and Television New Zealand Ltd - 1998-067
1998-067

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-067 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARK DONNELLY, on behalf of EDEN PARK NEIGHBOURS' ASSOCIATION of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
McKay and Television New Zealand Ltd - 1998-137, 1998-138
1998-137–€“138

Summary Items on One Network News and Tonight on 19 June 1998 reported that the Act Members of Parliament had been requested by TVNZ to provide particulars of their assets and business interests. None, the reports said, had been willing to do so. The reasons for the refusal by two Act MPs were highlighted in the items. Mr McKay complained to Television New Zealand Limited, the broadcaster, that it was being politically selective in failing to declare that similar information had been sought from members of other political parties. TVNZ, he continued, compounded its offence by publishing replies to its request from several Act MPs. TVNZ responded that Act was the one political party standing out against disclosure of MPs’ assets....

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
Butler and Television New Zealand Ltd - 2008-045
2008-045

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on two National MPs and whether they supported the National Party’s stance on global warming – included footage of a reporter asking the MPs whether they believed in global warming – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item was not about global warming – item looked at whether the personal views of two National MPs regarding climate change were consistent with their party’s stance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – reporter asked legitimate questions in a professional manner – MPs treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Jenkinson and Johnson and TVWorks Ltd - 2014-006
2014-006

Summary [This summary does not form part of the decision. ]During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics and ‘he’s got the Christians [voting for him]’. The Authority did not uphold two complaints that these comments were unbalanced, inaccurate and unfair. The segment clearly comprised the correspondent’s own analysis and commentary rather than statements of fact, so viewers would not have been misled and the broadcaster was not required to present other views. As the leader of a political party, Mr Craig should expect criticism and scrutiny, so the comments were not unfair. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics, and that ‘he’s got the Christians [voting for him]’....

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
Mallard and 3 Others and Television New Zealand Ltd - 1994-127–1994-130
1994-127–130

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Boyce and Radio New Zealand Ltd - 2000-157
2000-157

ComplaintCheckpoint – Waitara shooting – police officer not named – unbalanced interview with his lawyer – interviewer partial FindingsPrinciple 4 – a number of viewpoints heard – not partial – balance achieved over time – no uphold This headnote does not form part of the decision. Summary The lawyer for the police officer who shot and killed a man in Waitara was one of those interviewed in an item on the shooting broadcast on Checkpoint on National Radio on 16 August 2000 between 5. 00–6. 00pm. She explained some of the background to the shooting and defended the request that the officer not be named by the media. Simon Boyce complained to Radio New Zealand Ltd, the broadcaster, that the item was unbalanced and that it was "extraordinary" that the lawyer was interviewed and given an opportunity to defend the police officer....

Decisions
Evison and Television New Zealand Ltd - 2009-033
2009-033

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....

Decisions
Boyce and Television New Zealand Ltd - 2008-086
2008-086

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News and Tonight – item reported on the release of the "Sutch Papers" by the New Zealand Security Intelligence Service – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – Sutch Papers released did not confirm that "Sutch had a longstanding association with the KGB" as stated in the item – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 6 June 2008 and repeated on Tonight at 10. 30pm the same evening, reported on the release of the Sutch Papers by the New Zealand Security Intelligence Service (NZSIS)....

Decisions
Wolf and Television New Zealand Ltd - 2008-068, 2008-069
2008-068–069

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News: Midday and One News – reported on a police drugs bust involving former Australian swimmer Scott Miller – Charlotte Dawson mentioned as being his ex-wife – one item included wedding photos of Ms Dawson and Mr Miller – allegedly in breach of law and order, balance, accuracy and fairness Findings Standard 2 (law and order) – items did not encourage viewers to break the law or otherwise condone, promote or glamorise criminal activity – not upheld Standard 4 (balance) – items did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – items were accurate on points of fact – not upheld Standard 6 (fairness) – Ms Dawson was treated fairly – 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
Ong Su-Wuen and Television New Zealand Ltd - 2004-151
2004-151

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item examined crash of Silkair 737 in which all passengers and crew were killed – official investigation said cause unknown – decision widely criticised – view expressed by father of co-pilot that pilot deliberately crashed the plane – other comments in support – father’s theory examined fully – item advised that Indonesian Government reopened investigation and then decided not to proceed – allegedly unbalancedFindingsStandard 4 (balance) – item omitted credible alternative theory – upheldNo Order This headnote does not form part of the decision. Broadcast [1] The crash of a Silkair 737 in Indonesia in 1998 was reviewed from the perspective of the father (Derek Ward) of the New Zealand co-pilot, who died in the crash, in an item broadcast on Sunday on TV One at 7. 30pm on 20 June 2004....

Decisions
Pietkiewicz and Television New Zealand Ltd - 2012-013
2012-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on an incident at Fairfield College in which a group of teenage girls were admitted to hospital after taking drugs – included summary of problems previously experienced at Fairfield College – allegedly in breach of standards relating to controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – in any event, alternative viewpoints were presented and representatives from Fairfield College were invited to appear on the programme – not upheld Standard 5 (accuracy) – item was not inaccurate and did not create a misleading impression about the problems faced at Fairfield College – not upheld Standard 6 (fairness) – Fairfield College was provided with a reasonable opportunity to comment and its response was adequately conveyed in the broadcast – Fairfield College was treated fairly – not upheld This…...

Decisions
McQueen and TVWorks Ltd - 2013-081
2013-081

Summary [This summary does not form part of the decision. ] An item on Campbell Live featured an interview with a voluntary euthanasia advocate. The Authority did not uphold a complaint that the item was unbalanced as it failed present other significant views on euthanasia. The item was clearly focused on one woman’s personal experience, so viewers would not have expected an even-handed analysis of all arguments for and against legalising euthanasia. Euthanasia is recognised as an ongoing, highly charged social and legal issue, and different viewpoints in the debate will be offered from time to time. In this context the broadcaster adequately acknowledged the existence of other perspectives. Not Upheld: Controversial Issues Introduction [1] An item on Campbell Live featured an interview with a voluntary euthanasia advocate....

Decisions
DD and Television New Zealand Ltd - 2014-110
2014-110

Summary [This summary does not form part of the decision. ]Fair Go reported on an elderly man who had difficulties with his dentures and explored his legal rights. The Authority declined to uphold a complaint from the dentist who made the dentures, finding that he was only identifiable to a very limited group of people, no private facts were disclosed about him and the disclosure was not highly offensive as he was not portrayed in an overly negative light. Not Upheld: Fairness, Privacy, Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Fair Go discussed the case of an elderly man, X, who complained of difficulties with his new dentures. [2] X's dentist, DD, complained that the item reflected negatively on his dental practice and the services offered to X, which breached his privacy and was unfair....

Decisions
Simmons and 34 Others and CanWest TVWorks Ltd - 2006-022
2006-022

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Decisions
New Zealand Film and Television School Ltd and Television New Zealand Ltd - 1999-112, 1999-113
1999-112–113

SummaryThe New Zealand Film and Television School Ltd was the subject of items on Holmes broadcast at 7. 00pm on 15 and 16 December 1998. The item on the 15th suggested that some students had been expelled because they complained about aspects of the school’s programme. It also included an interview with Ms Marilyn Hudson, the School’s Managing Director. The item on the 16th included comments from other dissatisfied past and present students and their families, and an interview with a spokesperson from the New Zealand Qualifications Authority. On behalf of the School, Ms Hudson complained to Television New Zealand Ltd, the broadcaster, about both items. She said that the first item contained inaccuracies, and was unbalanced, misleading and unfair both to her and the School. The second item, Ms Hudson complained, also contained some inaccuracies, and again was unbalanced, misleading and unfair....

Decisions
Bateson and Television New Zealand Ltd - 2010-049
2010-049

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about homeopathy sceptics – included comment from sceptics, a homeopathy client, a practitioner and New Zealand Council of Homeopaths – allegedly in breach of controversial issues standard FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – three interviewees offered views in favour of homeopathy – broadcaster made reasonable efforts to present significant points of view – 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 Wednesday 10 February 2010, featured an experiment conducted by the New Zealand Sceptics Society in which they tried to overdose on homeopathic remedies. They reached the conclusion that the remedies were essentially water containing extremely diluted substances....

Decisions
Turley and Television New Zealand Ltd - 2009-037
2009-037

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on the standard of care in rest homes in New Zealand – producer went undercover as a caregiver for five days in a rest home on Auckland’s North Shore – presenter and undercover producer raised a number of concerns regarding the quality of care being provided in the rest home – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – owners provided with an adequate opportunity to respond to allegations – broadcaster made reasonable efforts to provide significant viewpoints on the controversial issue discussed – not upheld Standard 5 (accuracy) – undercover producer’s opinions and impressions not statements of fact – decline to determine whether undercover producer contracted an MRSA infection from rest home – not upheld Standard 6 (fairness) – legitimate use of covert filming – in the public interest to broadcast the material – item treated…...

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