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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 38/94 Dated the 9th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BRENDAN ROBERTS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-106 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by REX LE BAS of Dunedin Broadcaster RADIO NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...

An appeal by Kevin Hackwell against this decision was dismissed in the High Court: AP 212/00 PDF656. 76 KBComplaintAssignment – government defence policy – anti-government – unbalancedFindingsStandard G6 – appropriate to consider implications of defence policy – not unbalanced – majority no upholdStandard G19 – not applicable – no upholdThis headnote does not form part of the decision. SummaryAn Assignment programme which examined government policy on defence matters was broadcast on TV One on 4 May 2000 at 8. 30pm. John Urlich and Kevin Hackwell both complained to Television New Zealand Ltd, the broadcaster, about the programme. Mr Urlich complained that it was unbalanced and anti-government. He identified a number of instances which he said demonstrated the item’s bias. Mr Hackwell complained that the programme had advocated strongly for the status quo, without providing the balancing argument for a change to a more specialised defence capability....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-044 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M SCOTT of Wellington Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary An item broadcast on Holmes on TV One on 15 December 1997 focussed on two teenage girls whose mother had died, owing about $2,000 to Adelphi Finance. The broadcast related how the girls’ father had moved in to care for them and how, shortly after, furniture in their house had been repossessed on behalf of that company. Adelphi Finance Ltd, through its solicitors, complained to Television New Zealand Limited, the broadcaster, that the item was factually inaccurate, distorted the actual events, was unbalanced and partial, and presented a misleading impression of both the complainant and the circumstances of the repossession. TVNZ responded that the complainant was given every opportunity to present its side and to have it included in the item. Further, it noted that a studio summation of the complainant’s case was included at the end of the broadcast....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Inside New Zealand: How to Spot a Cult – two-part documentary – spoke to former members of cults – included three former members of Scientology – allegedly in breach of controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – programmes did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – programmes were not inaccurate or misleading – not upheld Standard 6 (fairness) – Church of Scientology was well informed about the nature of the programmes – Church’s responses were included in the programme – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] Inside New Zealand: How to Spot a Cult was a two-part documentary series which was broadcast on TV3 at 9. 30pm on Wednesday 25 November and Wednesday 2 December 2009....

Summary Overcrowding in state owned housing was the focus of an item on Holmes broadcast on 27 August 1998 between 7. 00–7. 30pm. The issue had become topical when, the previous day, the Chief Executive of Housing New Zealand had suggested that for some families it was a matter of choice that they lived in overcrowded conditions. Michael Cashin, Chairman of Housing New Zealand, complained to Television New Zealand Ltd that the broadcast was unfair and unbalanced because it misrepresented the status of the family shown. In his view it was unfair and inaccurate that the programme portrayed the family as having not being offered any other options and being left to endure overcrowded accommodation. He maintained that TVNZ should have sought a privacy waiver so that Housing New Zealand could respond by discussing the true circumstances of the family shown....

ComplaintHolmes – item on Erotica exhibition – offensive behaviour Findings: Standard G6 – no uphold Standard G7 – not applicable Standard G11 – not applicable Standard G12 – no uphold This headnote does not form part of the decision. Summary A Holmes item broadcast on TV One on 4 August 2000 between 7. 00–7. 30pm dealt with a trade fair held in Auckland entitled Erotica 2000. According to the organisers, the fair was intended to change people’s perception of erotica being sleazy and to present it as mainstream. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, that the broadcast promoted the sex industry as a viable lifestyle and that TVNZ was irresponsible in screening such material. In his view, all aspects of the sex industry degraded women. In its response, TVNZ noted that the broadcast had taken a "light-hearted look" at the trade fair....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-003 Dated the 23rd day of January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID AITCHISON of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about an illegal advertising campaign for Goji Juice – product was being marketed to the Tongan community as being a cure for numerous diseases – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue was the marketing of Goji Juice – broadcaster not required to seek comment from manufacturer or from people who endorsed the product – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – broadcaster did not exhaust every alternative legitimate way of obtaining Namoe Sau’s comment before arranging door-stepping interview (guideline 6b) – used deception to obtain her comment without making sufficient attempts to obtain the material by other means (guideline 6c) – broadcaster treated Ms Sau unfairly – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] An item on One News, broadcast on TV One at 6pm…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Native Affairs – item discussed the findings of a 2009 Education Review Office report on a Māori immersion school called Te Kura Kaupapa Māori o Hoani Waititi – reporter made statements about operation of the school and teachers’ resignations – included footage of a previous interview with the Chair of the school’s Board of Trustees and interviews with a representative from the national body that represents Te Kura Kaupapa Māori and a past principal of the school – allegedly in breach of controversial issues, accuracy and fairness standards Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item accurate in relation to the points raised by the complainant – not upheld Standard 6 (fairness) – complainant and the Kura’s Board given adequate opportunity to respond – item dealt…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Kaea – item on 26 May reported that Ngati Porou was preparing to implement Foreshore and Seabed Deed of Agreement – allegedly unbalanced Te Kaea – follow-up item on 10 July stated that three sub-tribes opposed the agreement – included comment from representatives of tribes – allegedly unbalanced and inaccurate Findings26 May item Standard 4 (balance) – item did not discuss a controversial issue of public importance – brief news item on Ngati Porou signing the Deed and what would happen next – indicated that it would be a challenge to gain support of all relevant parties – not necessary to mention groups that did not consider themselves Ngati Porou – not upheld 10 July item Standard 4 (balance) – item did not discuss a controversial issue of public importance – information piece about opposition to foreshore and seabed agreement – not upheld Standard 5 (accuracy) –…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – segment looked at an upcoming documentary called “How to Spot a Cult” – included an interview with an expert on religion and cults, Dr Dennis Green – comments made about Destiny Church and other religious groups – allegedly in breach of controversial issues and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item did not involve a “discussion” of a controversial issue of public importance as envisaged by the standard – not upheld Standard 6 (fairness) – people and organisations referred to in the item were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A segment on Sunrise, broadcast on TV3 at 8. 56am on Wednesday 25 November 2009, previewed an upcoming Inside New Zealand documentary called “How to Spot a Cult”....

Summary Station identification promos broadcast on TV One included the slogan "Together We’re One", and the logo "Celebrating New Zealand". Mr Seymour complained to the broadcaster, Television New Zealand Limited, that the promos encouraged the denigration of Maori and, in particular, discrimination against the legitimate expression of Maori cultural and political beliefs. They promoted, he wrote, an ideology that was inherently assimilationist. TVNZ responded that the reference to "One" was to TV One. The promos implicitly reflected a "one-ness" between TV One and its viewers, and placed that theme in a determinedly bi-cultural context which recognised cultural diversity, it replied. It declined to uphold the complaint. Dissatisfied with TVNZ’s response, Mr Seymour referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-062 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GERALD MOONEN of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-099 Decision No: 1996-100 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 and IN THE MATTER of complaints by THE NATIONAL COLLECTIVE OF RAPE CRISIS AND RELATED GROUPS OF AOTEAROA INC. and RUBY WOODWARD of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Mike Yardley Mornings – Newstalk ZB – discussion about financial problems at Christchurch Hospital – allegedly unbalanced, inaccurate and socially irresponsible FindingsPrinciple 4 (balance) – balanced discussion in talkback context – not upheld Principle 6 (accuracy) – one comment about acute demand provision inaccurate – upheld Principle 7 (social responsibility) – balanced discussion in talkback context – not upheld No Order This headnote does not form part of the decision. Broadcast [1] On 29 April 2004, Newstalk ZB talkback host Mike Yardley introduced the Mike Yardley Mornings show with a discussion about financial problems at Christchurch hospital....