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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 42/94 Dated the 23rd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CASINO CONTROL AUTHORITY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 29/95 Dated the 11th day of May 1995 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 L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-189 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AGCARM Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A – host interviewed Helen Kelly from the Council of Trade Unions and John Barnett from South Pacific Pictures about controversy surrounding production of the film The Hobbit in New Zealand – host’s approach towards Ms Kelly allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – host’s approach aggressive but did not extend to personal attack against Ms Kelly – Ms Kelly should have expected to be interviewed robustly about The Hobbit dispute – not treated unfairly – not upheld Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – Ms Kelly given adequate opportunity to present the union’s viewpoint – significant perspectives on the topic presented within the period of current interest – not upheld Standard 1 (good taste and…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Waitangi: What Really Happened – docu-drama about events leading up to the signing of the Treaty of Waitangi – allegedly in breach of controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Waitangi: What Really Happened was broadcast on TV One at 8. 30pm on Sunday 6 February 2011. The programme was a docu-drama following the events leading up to the signing of the Treaty of Waitangi in 1840....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

ComplaintNational Radio – Insight – edited highlights of a panel discussion on republicanism and the Treaty of Waitangi – unbalanced – lack of editorial integrity FindingsPrinciple 4 – not a controversial issue – no uphold Principle 6 – not news or current affairs – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme broadcast on National Radio on 3 June 2002, comprised edited highlights of a panel discussion on republicanism and the Treaty of Waitangi. [2] Dr Noel Cox, on behalf of The Monarchist League of New Zealand Inc, complained to Radio New Zealand Limited, the broadcaster, that the programme was unbalanced, its timing inappropriate, and it lacked editorial integrity....

Complaint60 Minutes – Police shooting of Steven Wallace – unbalanced – erroneous FindingsStandard G1 – no inaccuracy – no uphold Standard G6 – broadcast balanced – balance also achieved in period of current interest – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes looked at events in Waitara in the minutes before the Police shooting of Steven Wallace. The item was broadcast on TV One at 7. 30pm on 6 May 2001. Ian White complained to the broadcaster, Television New Zealand Ltd, that the broadcast was "totally unbalanced and erroneous". TVNZ did not consider that the programme had been inaccurate. It also maintained that the programme had been balanced. Dissatisfied with TVNZ’s decision, Mr White referred the complaint to the Broadcasting Standards Authority under section 8(1)(a) of the Broadcasting Act 1989....

Summary The referendum proposition to decrease the number of MPs from 120 to 99 was the subject of debate on Crossfire broadcast on TV One on 7 October 1999 beginning at 9. 30pm. The matter was discussed by Act’s leader Richard Prebble MP in support of the proposal, and Labour MP Steve Maharey, who opposed it. Keith Flint complained to Television New Zealand Ltd, the broadcaster, that as the referendum had been initiated by a private citizen, the absence of a representative of the public to debate the matter resulted in the programme lacking balance and objectivity. In its response, TVNZ emphasised that the question being debated was whether a reduction in the number of MPs would result in better government and, in that context, it was entirely appropriate that it should be debated by one MP who supported the cut in numbers, and one who did not....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-099 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE ROWAN PARTNERSHIP of Wanganui Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Summary Naked women were shown in promos for the programme The Making of the Human Body broadcast on TV One on 8 November, 9 November and 10 November 1998 between 6. 00–8. 00pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the display of naked women in G or PGR time breached the standard requiring the observance of good taste and decency. In her view, it was not appropriate to show images of naked women when children were watching television. She also argued that it was discriminatory to show only naked women and no naked men. TVNZ noted that the promo included an extract from the opening sequence of each programme which showed men and women of every age, many of whom were naked....

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....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 National Radio – Nine to Noon – joint interview with organiser of anti-racism march in Christchurch and leader of National Front – complainant alleged that interview on National Radio gave National Front credibility and legitimacy – item allegedly unbalanced and unfair as National Front not legitimate commentator on immigration issuesFindings Principle 4 (balance) – programme presented both sides of debate – not upheld Principle 5 (fairness) – programme not unfair to identifiable person – not upheld This headnote does not form part of the decision. Broadcast [1] During Nine to Noon on 10 May 2004 the presenter (Linda Clark) conducted a joint interview with the organiser of an anti-racism march in Christchurch, Mr Lincoln Tan, and the organiser of a National Front counter-march, Mr Kyle Chapman....

ComplaintOur People Our Century: "In the Family Way" – inaccurate, sexist statements – women portrayed as victims, men as violent abusers FindingsG1 – not inaccurate – no uphold G4 – not unfair – no uphold G6 – not relevant – balance not required in social history – no uphold G13 – no uphold This headnote does not form part of the decision. Summary The first episode of the documentary series Our People Our Century was broadcast on TV One on 7 February 2000 at 8. 30pm. It was entitled "In the Family Way" and looked at family life in New Zealand through the experiences of three different families. Bruce Tichbon complained to Television New Zealand Ltd, the broadcaster, that the programme made a number of inaccurate sexist statements in relation to men, and unfairly and inaccurately portrayed women as victims and men as violent abusers....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with woman who was launching a brand of cosmetics made from natural ingredients – contained a number of statements about the chemicals contained in mainstream cosmetics, including that most contained parabens – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – item did not discuss a controversial issue of public importance – presented one woman’s views and experiences – not upheld Standard 5 (accuracy) – interviewee was not presented as an expert – viewers would have understood that her comments were opinion and not statements of fact – 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....