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Decisions
Parker and TVWorks Ltd - 2008-033
2008-033

Complaint under section 8(1C)(c)(i) of the Broadcasting Act 1989Target – item looked at the business practices of a private chiropractic practice called The Spinal Health Foundation and its resident chiropractor, Dr Sean Parker – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did not imply that Dr Parker was offering personal loans to patients or that pre-pay arrangements were unethical – statement relating to possible breaches of ethics was sufficiently qualified – not upheld – decline to determine point relating to changing of paperwork under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – questions asked of Dr Parker were generic – complainant given adequate opportunity to respond – broadcaster treated Dr Parker fairly – not upheld This headnote does not form part of the decision....

Decisions
Naqvi and The Radio Network Ltd - 2008-142
2008-142

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Holmes Breakfast – host discussed recent terrorist attacks in Mumbai – made various comments about Muslims and terrorism – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – programme was an opinion piece – lacked the necessary invective to cross the threshold for denigration – not upheld Standard 4 (controversial issues - viewpoints) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 5 (accuracy) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 6 (fairness) – not unfair to Muslim people – not upheld This headnote does not form part of the decision....

Decisions
Minchington and Television New Zealand Ltd - 1995-158
1995-158

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
DowElanco (NZ) Ltd and Television New Zealand Ltd - 1996-064
1996-064

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-064 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOWELANCO (NZ) LIMITED of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Department of Internal Affairs and Television New Zealand Ltd - 1998-109
1998-109

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-109 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DEPARTMENT OF INTERNAL AFFAIRS TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
RCD Applicant Group and Otago Regional Council and Television New Zealand Ltd - 1996-178, 1996-179
1996-178–179

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-178 Decision No: 1996-179 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RCD APPLICANT GROUP of Dunedin and OTAGO REGIONAL COUNCIL Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Elston and Television New Zealand Ltd - 1997-061
1997-061

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-061 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MURRAY ELSTON of Cromwell Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Haggett and Television New Zealand Ltd - 1998-143
1998-143

L M Loates was Acting Chairperson in S R Maling's absence. SummaryThe series The New Zealand Wars examined the reasons for, and the outcome of, the battles between groups of Maori and Pakeha particularly during the period 1850–1870. The programme was presented by Professor James Belich and was based on his book with the same name. The series was broadcast on TV One at 8. 30pm on five consecutive Monday evenings between 8 June and 6 July 1998. Mr Haggett complained to Television New Zealand Ltd, the broadcaster, that the series among other matters presented "beliefs" as fact, and that it was biased and racist in suggesting that the "innocent" Maori was butchered by "an evil white man". Emphasising that the series was the "authored" work of an eminent historian whose views had been captured accurately in the series, TVNZ declined to uphold the complaint....

Decisions
Brooks and Television New Zealand Ltd - 2010-035
2010-035

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item looked at the disputed territory of East Jerusalem – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – both sides given adequate opportunity to explain their point of view – broadcaster provided viewers with the significant viewpoints required – not upheld Standard 5 (accuracy) – UNICEF representative’s comments were opinion – Mr Kuttner provided his opinion on evictions and explained why barriers and guards were needed – viewers would not have been misled – not upheld Standard 6 (fairness) – Mr Kuttner given opportunity to provide his point of view on the issues discussed – dealt with fairly by broadcaster – not upheld This headnote does not form part of the decision....

Decisions
McKay and TVWorks Ltd - 2009-121
2009-121

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – reported on alleged immigration scam and Gerard Otimi’s appearance in court – included a graphic “Immigration Scam” – allegedly in breach of law and order, balance, accuracy and fairness standards FindingsStandard 5 (accuracy) – graphic not inaccurate in context of whole item which referred to “alleged” scam and “charges” – not upheld Standard 6 (fairness) – would have been clearer to phrase graphic as a question – item made it clear the scam was “alleged” and Mr Otimi was facing charges – absence of question mark did not result in Mr Otimi being treated unfairly – not upheld Standard 4 (balance) – item reported on Mr Otimi’s appearance in Court – did not discuss a controversial issue of public importance – not upheld Standard 2 (law and order) – item did not encourage or glamorise criminal activity – not upheld This headnote…...

Decisions
Ministry of Social Development and TVWorks Ltd - 2008-038
2008-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about Work and Income using taxpayers’ money to pay, on behalf of beneficiaries, the penalty fees incurred in retrieving their impounded cars – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – no inaccurate statements – opinion of interviewees that WINZ was helping beneficiaries to commit crimes was not adopted by the reporter as a statement of fact – not upheld Standard 4 (balance) – conflicting accounts about events on the day of the broadcast – Authority cannot determine whether the reporter made reasonable efforts, or reasonable opportunities were given, to present significant points of view about whether WINZ was assisting illegal activity – decline to determine under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – direct conflict in recollection of events – Authority cannot determine whether MSD was informed about the angle of the story or…...

Decisions
Ram and Apna Networks Ltd - 2008-135
2008-135

Complaint under section 8(1C) of the Broadcasting Act 1989Bhajan Sanghra – host started a discussion about the National Party taking over from the previous Labour-led government – host believed that New Zealand's Indian community had been well supported under Labour – voiced concerns regarding what the National-led government would do to assist and support the New Zealand Indian community – encouraged listeners to text him with their concerns, which he would forward to the National Party – allegedly in breach of good taste and decency and controversial issues standards Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 4 (controversial issues – viewpoints) – did not discuss a controversial issue of public importance – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Mason and Television New Zealand Ltd - 2006-116
2006-116

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a ten-year-old boy who the reporter said was on the waiting list to have “tumours” removed from his body – outlined difficulties the boy’s mother had experienced dealing with his surgeon – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheldStandard 5 (accuracy) – inaccurate to state that the boy had more than one tumour – TVNZ failed to ensure that one of its sources was reliable – programme misled viewers by failing to inform them that surgeon had ensured the boy’s ongoing care – upheldStandard 6 (fairness) – complainant was not given a reasonable opportunity to respond to allegations in the item – upheld Orders Section 13(1)(a) – broadcast statement Section 16(1) – costs to the complainant $6,750 Section 16(4) – costs to…...

Decisions
Richardson and CanWest TVWorks Ltd - 2005-097
2005-097

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – priest accidentally removed “Pope’s” head and sewed it back on – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – balance not required – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheldThis headnote does not form part of the decision. Broadcast [1] An animated comedy series called Popetown centred around Father Nicholas, an idealistic young priest who lives in a fictional Vatican City (called Popetown) with a group of corrupt cardinals and a pogo-stick riding infantile Pope....

Decisions
Werry and Radio New Zealand Ltd - 2004-132
2004-132

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – interview with a grandmother campaigning against prescription of the drug Ritalin – grandmother not medically qualified made allegedly inaccurate statements – item allegedly unbalanced and unfair as it failed to present expert medical opinionFindings Principle 4 (balance) – personal perspective – balanced mainstream view – not upheld Principle 5 (fairness) – not relevant – not upheld Principle 6 (accuracy) – mixture of fact and opinion – not upheld Principle 6 (accuracy) – Authority unable to establish number of people being prescribed Ritalin in New Zealand – decline to determine This headnote does not form part of the decision....

Decisions
Rogers and Television New Zealand Ltd - 2003-093, 2003-094
2003-093–094

ComplaintThe Last Word – power crisis – interview on 10 April with Save Energy spokesperson – comment by presenter on 30 April – both unbalanced FindingsStandard 4 and Guideline 4a – 10 April – speaker given opportunities to respond in item with a chat format – no uphold; 30 April – presenter’s brief contribution to debate discussed extensively elsewhere – no uphold Standard 6 – interviewee on 10 April not treated unfairly – no uphold This headnote does not form part of the decision. Summary [1] The power crisis was dealt with in an item on The Last Word broadcast on TV One at 10. 30pm on 10 April 2003. The Save Energy spokesperson was interviewed and the presenter commented that she did not intend to save power because the crisis was "the Government’s fault"....

Decisions
Lawton and Television New Zealand Ltd - 2002-192
2002-192

ComplaintSunday – Hormone Replacement Therapy (HRT) – results of Women’s Health Initiative reported (WHI) – complainant participated in item as representative of WISDOM – item included minimal scientific facts – potentially frightening – confusing – unbalanced FindingsStandard 4 – purpose of item to pose questions about use of HRT – no uphold Standard 5 – while further information would have been useful, material presented not inaccurate – no uphold Standard 6 – complainant’s views advanced – no uphold This headnote does not form part of the decision. Summary [1] The potential health risks of Hormone Replacement Therapy (HRT) were examined during an item broadcast on Sunday on TV One at 7. 30pm on 4 August 2002....

Decisions
Boyce and Television New Zealand Ltd - 2001-049, 2001-050
2001-049–050

Complaint Holmes – series of items on the "brain drain" – Richard Poole – newspaper advertisement – Business Roundtable backing – unbalanced – news source lacked integrity FindingsStandard G6 – items lacked balance – broadcaster not impartial – Poole’s integrity not forcefully challenged – uphold Standard G15 – Poole an "information source" as required by standard – broadcaster failed to ascertain adequately his integrity/reliability – uphold OrdersBroadcast of statement$2,000 costs to Crown This headnote does not form part of the decision. Summary Items broadcast on the Holmes show on TV One on 4, 5 and 6 October 2000 dealt with a perceived "brain drain" whereby young, educated New Zealanders were allegedly leaving New Zealand permanently for better jobs and an enhanced lifestyle overseas. Holmes is broadcast between 7. 00pm and 7. 30pm on weekdays....

Decisions
Currie and Radio New Zealand Ltd - 2001-205
2001-205

ComplaintConcert FM – news item on cannabis use – report that decriminalisation would lead to increased use – and heavy use could lead to criminal behaviour FindingsPrinciple 4 – long period of current interest for the decriminalisation of cannabis debate – explored in other media – Guideline 4b (ii) – no uphold This headnote does not form part of the decision. Summary [1] A submission that the decriminalisation of cannabis would lead to other criminal and anti-social behaviour was referred to in a news item broadcast on Concert FM at 8. 00am on 23 July 2001. It was reported that the submission had been made by the Police Association to a Parliamentary Health Select Committee inquiring into the harm associated with cannabis use. [2] David Currie complained to Radio New Zealand Ltd, the broadcaster, that the news item was misleading....

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....

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