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Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – Devlin Live – comments by host about proposal to open a house for psychiatric patients in a Wellington suburb without telling residents – criticised the Mental Health Commission – said decision was “as loco and loopy as the people they’re trying to place in the community” – allegedly in breach of good taste and decency, unbalanced, inaccurate, unfair, and in breach of social responsibilityFindingsPrinciple 1 (good taste and decency) – subsumed under Principles 5 and 7Principle 4 (balance) – subsumed under Principles 5, 6 and 7Principle 5 (fairness) – unfairly criticised Mental Health Commission for a decision it did not make – not unfair to mental health patients – would not have caused panic or alarm – one aspect upheldPrinciple 6 (accuracy) – accuracy standard applied to talkback host’s remarks – inaccurately attributed responsibility for acute facility to…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Complaint that Māori Television did not refer to the anniversary of the signing of the Declaration of Independence – allegedly in breach of controversial issues standard FindingsMatter of editorial discretion – decline to determine under section 11(b) of the Broadcasting Act This headnote does not form part of the decision. Complaint [1] Dilip Rupa complained that the current affairs programme Native Affairs, broadcast by Māori Television on 28 October 2009, did not mention that it was the anniversary of the signing of the Declaration of Independence of New Zealand. He said that this was not balanced reporting. Broadcaster's Response to the Complainant [2] Māori Television confirmed that it had not broadcast any items referring to the Declaration of Independence on that date. Referral to the Authority [3] Dilip Rupa forwarded his complaint to the Authority for review....

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders. Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – follow-up to TV3 “special investigation” Let Us Spray– said that Ministry of Health had “finally admitted it tests positive for political contamination” – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – subsumed into consideration of Standards 5 and 6 Standard 5 (accuracy) – inaccurate to state that Ministry of Health had “finally admitted it tests positive for political contamination” – upheld Standard 6 (fairness) – unfair to Ministry of Health – not unfair to peer reviewer of study or to ESR – upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – host spoke to a number of women about their experiences with dowry abuse in New Zealand – allegedly in breach of controversial issues, accuracy and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme did not discuss a controversial issue of public importance – highlighted problem of dowry abuse and presented experiences of a few women – not upheld Standard 5 (accuracy) – complainant did not identify any inaccurate statements – not upheld Standard 7 (discrimination and denigration) – complainant did not identify any group or section of the community – not upheld This headnote does not form part of the decision....

Chair Joanne Morris declared a possible conflict of interest and did not participate in the determination of this complaint. ComplaintFace to Face with Kim Hill – interview about seabed and foreshore issue with John McEnteer – complaint that item unbalanced and unfair FindingsStandard 4 – “devil's advocate” approach used – interviewee not intimidated – not unfair – not upheld Standard 6 – style enabled issues to be explored – not unbalanced – not upheldThis headnote does not form part of the Decision Summary [1] John McEnteer of the Hauraki Trust Board was interviewed about the seabed and foreshore controversy on Face to Face with Kim Hill at 9. 30pm on TV One on 9 October 2003. [2] Garry Hooker complained to Television New Zealand Ltd, the broadcaster, that the interview was unfair and unbalanced as Mr McEnteer was interrupted and had been subjected to aggressive and “Pakeha-biased” questioning....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/94 Dated the 18th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by VOTERS' VOICE BINDING REFERENDUM INC. of Papakura Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback – complainant expressed opposition to proposal for crematorium in Waikanae – host frequently interrupted with questions and criticisms – allegedly in breach of good taste and decency, unbalanced, unfair, and denigrated the elderly Findings Principle 1 (good taste and decency) – not applicable – not upheld Principle 4 (balance) – range of views advanced – not upheld Principle 5 (fairness) – not unfair in robust talkback environment – not upheld Principle 7 and guideline 7a (denigration) – not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] The proposal to build a crematorium in central Waikanae was an issue on the talkback session hosted by Justin du Fresne on Newstalk ZB on the morning of 4 December 2006....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a church’s campaign to stop the use of “Jesus” as a swear word – “Jesus” and “Christ” repeated a number of times as examples of the language complained about – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – used as an expression of dismay and surprise – accepted colloquial use – not upheld Standard 4 (balance) – subsumed Standard 6 (fairness) – Pastor Driscoll treated fairly in the item – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up at 7pm on TV One on 12 October 2005 reported that the Rangiora New Life Church had launched a campaign to stop the use of “Jesus” as a swear word....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Secret New Zealand – described the investigation into DC10 crash into Mt Erebus in 1979 as the “biggest cover-up” in aviation history – inaccurate – unbalanced – unfair Findings Standard 4 –- no imbalance in regard to the comments made about the complainant’s investigation – no uphold Standard 5 – no factual errors – no uphold Standard 6 – no unfairness to the complainant – no uphold This headnote does not form part of the decision Summary [1] The whereabouts of pages from the captain’s ring-binder notebook was investigated in an episode of Secret New Zealand which looked at the Air New Zealand DC 10 crash on Mt Erebus in Antarctica in 1979. Secret New Zealand is a series which highlights mysterious or unresolved aspects of New Zealand history and the episode complained about was broadcast on TV One at 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item used the word “gay” in the context of reporting on influx of homosexual couples from Australia getting married in New Zealand as civil unions are not legally recognised in Australia – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness) – “gay” is a commonly accepted and widely used term for homosexuals – complaint frivolous and trivial – decline to determine in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenters had several light-hearted discussions about the Pope – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – presenters did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – presenters’ comments distinguishable from points of fact – not upheld Standard 6 (fairness) – programme did not denigrate the Pope or Catholics – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Breakfast, broadcast on TV One at 7am on Tuesday 26 February 2008, the presenters, Paul Henry and Pippa Wetzell, and the newsreader, Peter Williams, had a jovial discussion about the current Pope and what he had been doing recently....

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Inside New Zealand: Leaving the Exclusive Brethren – experiences of five people who had left the Exclusive Brethren – allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsStandard 3 (privacy) – no private facts revealed – no offensive intrusion – not upheld Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Exclusive Brethren – not upheldThis headnote does not form part of the decision. Broadcast [1] A documentary entitled Inside New Zealand: Leaving the Exclusive Brethren was broadcast on TV3 at 8. 30pm on 18 August 2005. The programme followed the experiences of five people who had left the Exclusive Brethren....

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"....

ComplaintTaste New Zealand – profiles of some food entrepreneurs included one on Ron Hubbard – did not refer to his membership of the Food and Nutritional Advisory Committee and that Committee’s attitude to soy – unbalanced FindingsSection 4(1)(d) – Standard 4 – item did not deal with controversial issue – standard not relevant – no uphold – advise that future marginal complaints may be considered vexatious and trivial This headnote does not form part of the decision. Summary [1] Taste New Zealand is an entertainment series about the food industry. The episode broadcast at 8. 00pm on TV One on 25 September 2002 presented some profiles about a number of successful food entrepreneurs. Ron Hubbard of Hubbard Foods Ltd was one of the entrepreneurs featured. [2] Richard James complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item discussed the case of an elderly woman who bought an expensive vacuum cleaner from a door-to-door salesman – item included an interview with the door-to-door salesman and a representative from the Consumers’ Institute – allegedly unbalanced, unfair and the action taken subsequently to correct an inaccuracy was insufficient Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – action taken by the broadcaster to correct the inaccuracy was sufficient – not upheld Standard 6 (fairness) – item gave the company and salesman an adequate opportunity to respond – host’s comment did not imply companies that sold expensive vacuum cleaners were dishonest – not upheld This headnote does not form part of the decision....

ComplaintHolmes (2 Items) – (1) unfair – unbalanced; (2) denigrated women firefighters Findings(1) G4 – guests treated fairly – no uphold G6 – balance provided by presenter – no uphold (2) G13 – intended to be light-hearted – no uphold This headnote does not form part of the decision. Summary The question of whether taxpayers’ money should be spent on sport was discussed in an item on Holmes broadcast on TV One on 14 April 2000 between 7. 00–7. 30pm. The discussion arose in the context of the release of a report from the Hillary Commission calling for more government funding for sport. The guests were a representative from the Hillary Commission and the Minister of Sport. A second item, broadcast on Holmes on 18 April, featured archival footage of an all-woman volunteer fire service in Northland....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at the different road options for Wellington including upgrading State Highway 1 or creating a road through Transmission Gully – stated American army had offered to create the Gully road in 1940s – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – decline to determine under section 11(b) Broadcasting Act 1989 whether Americans made an offer to construct a road through Transmission Gully – item impartial – not upheld Standard 4 (balance) – item was an update on current situation – did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – examined differences in breast cancer treatment in Australia and New Zealand, and the funding of a drug called Herceptin – interviewed an Australian and a New Zealander with similar cancer and compared their prognoses – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – broadcaster failed to present significant viewpoints on the controversial issue within the programme, and within the period of current interest – due to the presentation of the programme and the nature of the issue, the period of current interest limited to a short time after the broadcast – alternative perspectives were not presented – upheld Standard 5 (accuracy) – two statements would have misled viewers – upheld OrderSection 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....