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Decisions
Anderson and Television New Zealand Ltd - 2003-103
2003-103

ComplaintSunday – item about a dog attack on complainant’s daughter – interviewed two men who were the dog’s owners and who had pleaded guilty – questions raised about aspects of police case – unfair – unbalanced – inaccurate – dog owners' actions condoned FindingsStandard 2 and Guideline 2b – dog owners’ actions not condoned – no uphold Standard 4 and Guideline 4b – reasonable opportunities given to complainant to participate – no uphold Standard 5 and Guidelines 5d and 5e – two factual inaccuracies – park given incorrect name – upheld by TVNZ – colour of dog shown on police flyer not acknowledged as possibly incorrect – uphold – no other inaccuracies Standard 6 and Guidelines 6b, 6c and 6e – complainant advised TVNZ forcefully that he did not want to participate – late information included in item which created ambivalence but not put to complainant – not unfair in view of complainant’s stance…...

Decisions
Cleave and Television New Zealand Ltd - 2007-096
2007-096

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nailed, Sorted, Exposed – item on a man named Paul Cleave and his attempts to get his camera repaired – item explained that Mr Cleave had received a loan camera from the retailer – Mr Cleave was shown stating that he was not going to return the loan camera – the presenter made a number of comments about him taking the loan camera – allegedly in breach of privacy, accuracy, balance and fairness standards Findings Standard 5 (accuracy) – the Authority received conflicting evidence on two statements complained about and declined to determine them – the other three statements complained about were accurate – not upheld Standard 6 (fairness) – item was a fair representation of Mr Cleave’s conduct – item’s change in focus was prompted by Mr Cleave’s own behaviour – not upheld Standard 3 (privacy) – Mr Cleave signed a consent form allowing…...

Decisions
Faithfull and CanWest RadioWorks Ltd - 2005-015
2005-015

Complaint under section 8(1)(a) of the Broadcasting Act 1989Consumer Affairs, Radio Pacific – interview with Steve Crowe – covered a range of aspects of the adult entertainment industry – complainant alleged content was crass and morally reprehensible – allegedly in breach of good taste and decency, balance and social responsibility Findings Principle 1 (good taste and decency) – tone of discussion matter of fact – item broadcast at midday – show targeted at an adult audience – not upheldPrinciple 4 (balance) – item did not deal with a controversial issue of public importance – balance requirement did not apply – not upheldPrinciple 7 (social responsibility) – item did not encourage denigration – unlikely that children would have been listening – not upheldThis headnote does not form part of the decision....

Decisions
Boparai and TVWorks Ltd - 2011-086
2011-086

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – interview with former Breakfast presenter Paul Henry – questioned Mr Henry on his controversial remarks about the Chief Minister of Delhi – comments about the Chief Minister were re-broadcast – allegedly in breach of standards relating to good taste and decency, controversial issues and discrimination and denigration FindingsStandard 4 (controversial issues) – interview did not discuss a controversial issue of public importance – focused on Paul Henry and his perspective on the various controversies in which he was involved – not upheld Standard 7 (discrimination and denigration) – Paul Henry’s comments did not extend to a section of the community – interviewer challenged his views – interview did not encourage discrimination or denigration of Indian people – not upheld Standard 1 (good taste and decency) – comments about the Chief Minister revisited in current affairs context – interview would not have…...

Decisions
Department of Labour and Television New Zealand Ltd - 2004-131
2004-131

Joanne Morris, Chair of the Authority, 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 1989One News – item about a report which disclosed internal fraud at the Immigration Service – allegedly unbalanced and misleading Findings Standard 4 (balance) – balance of perspectives aired – not upheld Standard 5 (accuracy) – no inaccuracies – not misleading – not upheld Standard 6 (fairness) – not part of original complaint – no jurisdiction to determine This headnote does not form part of the decision. Broadcast [1] The lead item on One News broadcast on TV One at 6. 00pm on 8 April 2004, concerned a report that reviewed the Immigration Service’s processes when dealing with investigations into allegations of internal corruption....

Decisions
Simmons and 5 Others and CanWest RadioWorks Ltd - 2004-193
2004-193

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific talkback – discussion about Exclusive Brethren and religious cults – host alleged, among other things, that Exclusive Brethren were mad, ignorant, bad neighbours and probable child abusers who should be bred out of the human race – broadcast allegedly inaccurate, unbalanced, unfair, degrading, defamatory and discriminatoryFindingsPrinciple 1 (good taste and decency) – subsumedPrinciple 4 (balance) – subsumedPrinciple 5 (fairness) – unfair to Exclusive Brethren – upheldPrinciple 7 (denigration and discrimination) – encouraged denigration of members of Exclusive Brethren – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 16(1) – costs awards totalling $3456. 74This headnote does not form part of the decision. Broadcast[1] The Exclusive Brethren and whether religions sects should be granted dispensation from certain laws of New Zealand was one of three topics discussed during Michael Laws’ talkback programme broadcast on Radio Pacific on 13 July 2004....

Decisions
Grant and McIntyre and Television New Zealand Ltd - 2002-049, 2002-050
2002-049–50

ComplaintsOne News – Late Edition – same item – person with cholesterol level of 43 – described as walking time-bomb – healthy level said to be between 3 and 5 – controversial – unbalanced – inaccurate FindingsSection 4(1)(d) – not controversial issue – no uphold Standard G6 – not controversial issue – no uphold Standard G14 – comment in passing on healthy level – no uphold Standard G16 – comment encouraged concern but not unnecessarily alarmist – no uphold This headnote does not form part of the decision. Summary [1] A man with a high level of cholesterol was interviewed on One News, broadcast between 6. 00 and 7. 00pm on TV One on 28 December 2001. The item described the man with a level of 43 as a "walking time-bomb", and the "healthy" level was said to be "between three and five"....

Decisions
Christian Heritage Party and TV3 Network Services Ltd - 2000-024
2000-024

SummaryThe leader of the Future New Zealand Party, Anthony Walton, was interviewed on 3 News broadcast between 6. 00–7. 00pm on 18 November 1999. The interview was part of a series of interviews with party political leaders in the lead-up to the General Election. John Bryant, Executive Director of the Christian Heritage Party, complained to TV3 Network Services Ltd, the broadcaster, that it had failed to present a balanced programme because it had not included an interview with the Christian Heritage Party’s leader Mr Graham Capill. In its response, TV3 advised that formal complaints could only be made about items which had been broadcast, and not about material which had been omitted....

Decisions
PHARMAC and Television New Zealand Ltd - 2000-082
2000-082

ComplaintHolmes – cure for acne – drug identified – side effects not reported – misleading – unbalanced – partial FindingsStandard G6 – not controversial issue to which the standard applies – decline to determine; other standards not relevant ObservationIssue to be considered when free-to-air code is revised This headnote does not form part of the decision. Summary The availability of an effective treatment for acne was the subject of an item on Holmes broadcast on TV One on 23 March 2000 between 7. 00–7. 30pm. A dermatologist and a doctor were interviewed, as well as two young people who had both been successfully treated by a named drug. The Pharmaceutical Management Agency Ltd (PHARMAC) complained to Television New Zealand Ltd, the broadcaster, that the broadcast was misleading and unbalanced. In particular it expressed its concern that the broadcaster had been used to promote a prescription medicine....

Decisions
New Zealand Society for the Protection of the Unborn Child Inc and TV3 Network Services Ltd - 2003-051
2003-051

ComplaintInside New Zealand: The Hardest Decision – documentary – abortion –inaccurate statements – unbalanced – undermined New Zealand legislation FindingsStandard 2 and Guideline 2a – lawful standard maintained – no uphold Standard 4 – programme balanced – no upholdStandard 5 and Guidelines 5b, 5d & 5e – mixture of fact & opinion – accurate and impartial – no uphold This headnote does not form part of the decision. Summary [1] Inside New Zealand: The Hardest Decision was a documentary which followed three women while they made a decision about whether or not to have an abortion. Several other women, who had been through the same experience, were also interviewed on the programme. The documentary was broadcast on TV3 at 8. 30pm on 28 November 2002....

Decisions
Lawyers Against Torture and Oppression Anywhere Inc and Television New Zealand Ltd - 1993-112
1993-112

Download a PDF of Decision No. 1993-112:Lawyers Against Torture and Oppression Anywhere Inc and Television New Zealand Ltd - 1993-112 PDF485. 83 KB...

Decisions
Linney and Radio 99 FM - 1991-002
1991-002

Download a PDF of Decision No. 1991-002:Linney and Radio 99 FM - 1991-002 PDF181. 49 KB...

Decisions
Thompson and Radio Pacific Ltd - 1998-145
1998-145

SummaryThe sum of $90 million had been granted by the government to start a Maori television station, reported the breakfast host of the talkback session broadcast on Radio Pacific between 6. 00–9. 00am on 20 May 1998. He referred to this figure on a number of occasions even when advised by a guest, the Opposition Spokesperson on Broadcasting, that the correct figure was $19 million. Ms Thompson complained to Radio Pacific Ltd that the broadcast was inaccurate, unbalanced, deceptive and failed to respect the principles of partnership between Maori and Pakeha. Explaining that the host was confused between the figure given for the Maori television station and the public broadcasting fee, Radio Pacific upheld the complaint about inaccuracy. It apologised and offered to broadcast an explanatory statement. It declined to uphold any other aspect of the complaint....

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
Dyson, Gourley and DPA (NZ) Inc and Radio New Zealand Ltd - 2007-077
2007-077

Complaints under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interview about legislation change to introduce paying the minimum wage to disabled people – allegedly unbalanced, inaccurate and unfair Findings Principle 4 (balance) – presenter adopted aggressive manner with two interviewees – prevented interviewees from presenting significant viewpoints to listeners – listeners deprived of important information on controversial issue under discussion – unbalanced – upheld Principle 5 (fairness) – one aspect of fairness complaint subsumed into consideration of Principle 4 – programme not unfair to Minister for Disability Issues – not upheld Principle 6 (accuracy) – no inaccuracies – not upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision....

Decisions
Benson-Pope and Television New Zealand Ltd - 2006-023
2006-023

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – reported allegations that during his time as a teacher, Cabinet Minister David Benson-Pope was “sleazy” and made female students stand outside in their nighties as punishment at a school camp – included comments from Mr Benson-Pope – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue of public importance whether Mr Benson-Pope had acted inappropriately towards female students during his time as a teacher – significant perspectives were aired during period of current interest – not upheld Standard 5 (accuracy) – no inaccuracies or misleading impressions – not upheld Standard 6 (fairness) – door-stepping interview not unfair – reporter entitled to approach Cabinet Minister – overall Mr Benson-Pope treated fairly – not upheldThis headnote does not form part of the decision....

Decisions
Harrison and Radio New Zealand Ltd - 2002-002
2002-002

ComplaintNine to Noon – host read out email critical of Whanau series – host highlighted grammatical and typographical errors in email – breach of right of individuals to express own opinions – breach of requirement to deal justly and fairly with person referred to in programme – failure to show impartiality on question of a controversial nature FindingsPrinciple 4 – host presented email correspondent's point of view – no uphold Guideline 4a to Principle 4 – host presented correspondent's opinion – no uphold Principle 5 – correspondent not treated unjustly or unfairly – no upholdThis headnote does not form part of the decision. Summary [1] During the Nine to Noon programme broadcast on National Radio on 14 August 2001, the host read out a number of responses received from listeners via phone, fax or email....

Decisions
Tucker and Television New Zealand Ltd - 2010-095
2010-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News At 4. 30– item on two New Zealanders who assisted with oil spill clean-up in the Gulf of Mexico – stated that the pair thought that New Zealand maritime authorities would be well equipped to deal with a spill of the same scale on New Zealand shores – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – not a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – news reporter’s comment clearly conveyed technicians’ opinion – item not inaccurate or misleading – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News At 4. 30, broadcast on TV One at 4....

Decisions
Mason and TVWorks Ltd - 2011-058
2011-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on death of Osama Bin Laden – included image of bruised and bloodied face – allegedly in breach of standards relating to good taste and decency, controversial issues, responsible programming, children’s interests and violence FindingsStandard 1 (good taste and decency) – image related to major international event – clear warning given – contextual factors – not upheld Standard 10 (violence) – contextual factors – image preceded by prolonged and detailed warning – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 9 (children’s interests) – 3 News was an unclassified news programme targeted at adults – news often deals with unpleasant material – clear warning – broadcaster adequately considered children’s interests – not upheld Standard 8 (responsible programming) – 3 News was an unclassified news programme – standard not applicable – not…...

Decisions
Credo Society Inc and Campus Radio BFM Ltd - 1992-004
1992-004

Download a PDF of Decision No. 1992-004:Credo Society Inc and Campus Radio BFM Ltd - 1992-004389. 62 KB...

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