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Decisions
Hunt and Television New Zealand Ltd - 2005-002
2005-002

Complaint under section 8(1)(a) of the Broadcasting Act 1989Flipside – item reporting on Ahmed Zaoui, an Algerian refugee, having his birthday in a New Zealand prison – allegedly unbalancedFindingsStandard 4 (balance) – balance provided during period of current interest – not upheldThis headnote does not form part of the decision. Broadcast[1] An item on Flipside on TV2 at 5pm on 7 December 2004 reported on Ahmed Zaoui, an Algerian refugee, who was having his birthday in a New Zealand prison. Flipside was a news and current interest programme delivered in a style that appealed to a youth audience. [2] The item comprised video showing Mr Zaoui’s supporters holding a “birthday party” outside the prison, comments from his supporters and a studio interview with his lawyer....

Decisions
Keane and Television New Zealand Ltd - 2010-083
2010-083

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – chief Israeli spokesperson interviewed about the raid – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – topic of the raid was a controversial issue of public importance – broadcaster made reasonable efforts and gave reasonable opportunities to present significant points of view on the raid – not upheld Standard 5 (accuracy) – material that was not included did not make the item misleading – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6 (fairness) – Israeli spokesperson given ample opportunity to present Israel’s point of view – individuals and organisations taking part or referred to…...

Decisions
Brooke and Radio New Zealand Ltd - 1995-092
1995-092

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 92/95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AGNES-MARY J BROOKE of Nelson Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Easton and Radio New Zealand Ltd - 2009-082
2009-082

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....

Decisions
Greek Orthodox Community of Wellington and Suburbs Inc and Radio New Zealand Ltd - 1999-017
1999-017

SummaryAccording to a news item broadcast on National Radio on 30 October 1998 at 9. 00pm, those who escaped from a fire in Sweden included refugees from Macedonia and Somalia. The secretary of the Greek Orthodox Community of Wellington and Suburbs Inc complained on its behalf to Radio New Zealand Ltd, the broadcaster, that the report was inaccurate and untruthful. Furthermore, it complained, the bulletin was an outright lie, as there were no refugees from Macedonia. The Community argued that the item was unbalanced and unfair because it favoured those who were of the view that the Former Yugoslav Republic of Macedonia could legitimately be called Macedonia. RNZ responded that it had received complaints on previous occasions regarding the use of the name Macedonia, and that it had nothing further to add to its previous responses....

Decisions
Smits and Television New Zealand Ltd - 1994-116
1994-116

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 116/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Department of Child, Youth and Family Services and Television New Zealand Ltd - 2006-058
2006-058

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about former foster parents who had pleaded guilty to smacking a foster child on the hand with a wooden spoon – had originally faced a number of other abuse charges – CYFS removed two children from their care and said they were no longer suitable foster parents – interviews with former foster parents and CYFS representative – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item discussed controversial issue of public importance because it dealt with the actions of government department charged with the care of vulnerable children – TVNZ not required to detail nature of more serious allegations – not required to give further information about CYFS’ standard processes – item omitted critical information about evidential interviews of children – left viewers without a clear understanding of the reasons behind CYFS’ actions – upheld Standard 5 (accuracy) – item…...

Decisions
Prime Minister (Rt Hon Helen Clark) and 4 Others and TV3 Network Services Ltd - 2003-077–081
2003-077–081

Complaint3 News Special – interviews with Nicky Hager and Prime Minister about issues raised in Hager’s book "Seeds of Distrust" – complaints that implication in interview that the book was factually correct was unbalanced and partial – some facts inaccurate – different interview styles unfair – Authority made the following findings: Standard 4 – issues were scientific and government accountability – science aspect – balanced – no uphold; government accountability – not balanced – uphold Standard 5 – scientific facts in dispute – unable to determine; approach to interview with Prime Minister in comparison with the interview with Mr Hager neither impartial nor objective – uphold; statement that Prime Minister declined her earlier offer to do another interview not inaccurate – no uphold Standard 6 – preparation of programme fair – no uphold; presentation of programme – unfair as Prime Minister not advised of source of allegations and the accuser was interviewed in…...

Decisions
Elders and RadioWorks Ltd - 2010-100
2010-100

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Rumble – breakfast show hosts on The Rock discussed a story featured on Close Up the previous night about two girls who alleged that, twelve-years prior, an ex-All Black had engaged in sexual activity with one of them while she had been unconscious – the hosts noted that the girl had accepted a payment from the man to settle the matter – one host made the comment, “See, all I see is that that woman and her mate have cashed in at both ends” – allegedly in breach of good taste and decency, controversial issues, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheldStandard 6 (fairness) – some elements of unfairness – however, hosts entitled to voice their opinions in the manner in which they did – freedom of expression – not upheldStandard 4…...

Decisions
Stafford and Television New Zealand Ltd - 2001-106
2001-106

ComplaintHolmes – canal development in Whitianga – ministerial order to start again the consents process – angry reaction among residents – no comment from Minister – unbalanced FindingsStandard G6 – balance achieved throughout item – no uphold This headnote does not form part of the decision. Summary The angry reaction in Whitianga to the Conversation Minister’s order to consider again aspects of the consents process for the proposed canal development in the town, was covered in an item on Holmes broadcast on TV One at 7. 00pm on 16 May 2001. Dorothy Stafford complained to Television New Zealand Ltd, the broadcaster, that as the purpose of the item was to condemn the delay, it had suggested that the project had been terminated and had given only cursory treatment of the legal reasons that required the Minister to take action. Accordingly, she wrote, the item was unbalanced....

Decisions
Cathro and George FM - 2005-123
2005-123

Complaint under section 8(1)(a) of the Broadcasting Act 1989George FM – radio hosts made comments about complaints to council in respect of a road closure for street party – allegedly in breach of privacy and unbalanced, inaccurate and unfairFindingsPrinciple 3 (privacy) – broadcast not offensive – not upheld Principle 4 (balance) – controversial issue of public importance not discussed – not upheld Principle 5 (fairness) – comments were fair comment – not upheld Principle 6 (accuracy) – not a news or current affairs programme – not upheldThis headnote does not form part of the decision. Broadcast [1] On Monday 22 August 2005 at approximately 12. 30pm, the hosts on George FM made comments about a party that the radio station had held. Particular reference was made to a person who had called the council a number of times in an attempt to close the event....

Decisions
New Zealand Organisation for Rare Disorders and Television New Zealand Ltd - 2009-131
2009-131

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A, Breakfast, Close Up and One News – items discussed proposed mandatory fortification of bread with folic acid and whether there were health risks involved – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – programmes discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view across programmes within the period of current interest – not upheld Standard 5 (accuracy) – statements of fact were qualified – concerns adequately dealt with under Standard 4 – not upheld Standard 6 (fairness) – complainant did not nominate a person in original complaint who was treated unfairly – Minister was treated fairly – not upheld Standard 8 (responsible programming) – programmes presented range of views on a topical issue – would not have alarmed viewers – not upheld This…...

Decisions
Kiro and CanWest TVWorks Ltd - 2006-105
2006-105

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item examining proposed amendment to section 59 of the Crimes Act 1961 which would remove the defence of “reasonable force” for parents charged with assaulting their children – interviewed mother and 14-year-old son – allegedly breached the boy’s privacy, was unbalanced, inaccurate and unfair and in breach of children’s interests Findings Standard 3 (privacy) – unable to determine whether the boy consented to the interview – decline to determine Standard 4 (balance) – significant perspectives put forward – not upheld Standard 5 (accuracy) – mother was presenting her own opinion, not statements of fact, and was not an “information source” under guideline 5e – did not need to outline background information about the mother – not upheld Standard 6 (fairness) – boy was exploited under guideline 6f – upheld Orders Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to…...

Decisions
Daly and Television New Zealand Ltd - 2004-130
2004-130

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about person who agreed to sell a rural home before the Manawatu floods – reported that after the floods the home was condemned and vendor and purchaser cancelled the contract – complainant trading as RE/MAX Associates continued to claim agency fee – item questioned morality of real estate company’s claim and reported that the fee was later remitted – allegedly unbalanced, unfair and inaccurateFindings Standard 6 (fairness) – unfair to complainant not to obtain his response – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – in the interest of fairness, disputed issues would have clarified if been put to complainant for comment – essence of complaint dealt with under fairness – not upheldOrder Broadcast of statementThis headnote does not form part of the decision.…...

Decisions
Johnston and Television New Zealand Ltd - 2007-025
2007-025

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed fashion designers Trelise Cooper and Tamsin Cooper, who were involved in a High Court case about their branding – reported that Tamsin Cooper's silk velvet coats, labelled as 100% silk, had been tested and the fabric was “not 100% silk, but mostly viscose” – allegedly unbalanced, inaccurate and unfair Findings 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 Tamsin Cooper – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on 3 December 2007 at 7. 30pm on TV One, discussed a High Court action involving fashion designers Trelise Cooper and Tamsin Cooper....

Decisions
Watson and Young and Radio New Zealand Ltd - 2007-118
2007-118

Complaint under section 8(1)(a) of the Broadcasting Act 1989Ideas: Cut or Uncut – item discussed Professor Sitaleki Finau’s call for male circumcisions to be publicly funded by the New Zealand Ministry of Health for cultural and health reasons – item included interviews with six people who provided their views on the topic – allegedly unbalanced Findings Principle 4 (balance) – 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 Radio New Zealand National called Ideas: Cut or Uncut, broadcast at 11am on 16 September 2007, discussed male circumcision and a call by Professor Sitaleki Finau, Massey University’s Director of Pacific Studies, for the practice to be publicly funded in New Zealand for cultural and health purposes....

Decisions
Tichbon and Television New Zealand Ltd - 2000-171
2000-171

ComplaintDocumentary New Zealand: "Finding Family" – violent family relationship described by woman victim – inaccurate – unfair – unbalanced – discriminated against men FindingsProgramme about family reunification, not spousal abuseStandard G1 – no uphold Standard G4 – no uphold Standard G6 – no uphold Standard G13 – no uphold This headnote does not form part of the decision. Summary The theme of Documentary New Zealand: "Finding Family", broadcast on TV One on 31 July 2000 beginning at 8. 30pm, was the reunification of family members who had been separated. One woman described how she had become separated from her son when she escaped from a violent relationship some 30 years previously. He was tracked down by the Salvation Army in Australia....

Decisions
Rupa and Māori Television - 2010-009
2010-009

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....

Decisions
Institute of Environmental Science & Research Ltd and CanWest TVWorks Ltd - 2007-015
2007-015

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....

Decisions
Batchelor and Television New Zealand Ltd - 2009-123
2009-123

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item on puppies being euthanized by Invercargill City Council – included interview with the mayor of Invercargill – 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) – complainant’s concerns did not relate to a material point of fact – not upheld Standard 6 (fairness) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Breakfast’s news segment, broadcast on TV One at 8. 05am on Thursday 20 August 2009, reported on puppies being destroyed by Invercargill City Council. The presenter stated: Invercargill’s Mayor is standing by his Council amid accusations that it’s unnecessarily killing puppies....

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