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Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes item – 84-year-old woman suffered fourth degree burns during cryosurgery in her mouth – caused by malfunctioning equipment – OSH prosecuted the oral surgeon but the case was dismissed – item reported expert evidence that equipment should have been serviced annually, but had not been serviced since 1974 – surgeon granted name suppression – viewer feedback on a subsequent programme described surgeon as a “mongrel” who should have his name published on the internet – allegedly unbalanced, inaccurate, unfair and in breach of law and order – broadcaster upheld balance complaintFindingsStandard 2 (law and order) – breaches of name suppression order outside Authority’s jurisdiction – decline to determine – did not encourage viewers to publish name – not upheld Standard 4 (balance) – action taken by broadcaster was sufficient – not upheld Standard 5 (accuracy) – three matters misleading and inaccurate –…...

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....

Tapu Misa declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Tagata Pasifika– item reported on the Government’s Recognised Seasonal Employer Scheme – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (accuracy) – item would not have misled viewers – item did not purport to be an in depth discussion of the scheme – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tagata Pasifika broadcast at 11. 05pm on 3 May 2007, reported on the announcement of the New Zealand Government’s Recognised Seasonal Employer Scheme (the RSE scheme)....

Summary An item on Morning Report dealt with genetically modified plants. In some parts of the item, the commentary and opinions were accompanied by music. The item was broadcast on National Radio on 5 May 1999 at about 7. 50 am. Mr Purvis complained to Radio New Zealand Limited that the "mood music" which was played was designed to engender a sense of foreboding. He questioned whether similar music would follow a report about an out-of-favour politician. RNZ responded that the music drew attention to some of the opinions expressed in the item. The item itself did not pass judgment on whether those opinions were correct or not, it wrote. Some public alarm already existed about the issue of genetic modification of plants, it submitted, and the music highlighted parts of the item but it did not create alarm....

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 s. 8(1)(a) of the Broadcasting Act 1989Summer Report – panel discussion about healthy eating and exercise – reference to healthy food pyramid – advice given that not all fats were bad – unsaturated fat preferred to saturated fats – item alleged to be inaccurate, unfair and unbalancedFindings Principle 4 (balance – the safety of trans-fats not a controversial issue dealt with in the broadcast – not upheld Principle 5 (fairness) – trans-fats peripheral – not upheld Principle 6 (accuracy) – trans-fats not the topic of discussion – not upheldObservation Authority may decline to determine further complaints from Ms James when complaint only about peripheral matter dealt with in broadcastThis headnote does not form part of the decision. Broadcast [1] A panel discussion about healthy eating and exercise was broadcast as part of Summer Report on National Radio between 8. 00 to10. 00am on Thursday 8 January 2004....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – satirical item featuring comedian Leigh Hart reviewing the election campaign the night before the general election was to be held – Mr Hart used a whiteboard which occasionally displayed the name of then Leader of the Opposition Phil Goff – allegedly in breach of controversial issues and fairness standards FindingsStandard 4 (controversial issues) – item was a light-hearted review of the election campaign – it did not purport to be a serious or balanced discussion of a controversial issue – appearance and disappearance of Mr Goff’s name on the whiteboard did not require the presentation of alternative viewpoints – in any case the item discussed a number of politicians and included comment from them – not upheld Standard 6 (fairness) – complainant did not identify who he thought had been treated unfairly – individuals taking part or referred to in the…...

Download a PDF of Decision No. 1990-028:Bartlett (on behalf of the Society for Protection of Community Standards) and Television New Zealand Ltd - 1990-028 PDF1. 26 MB...

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – interview with Ruth Money from Sensible Sentencing Trust regarding a proposed amendment to the Parole Act 2002 – Ms Money expressed her view that the amendment “did not go far enough” and that parole hearings should be abolished altogether – allegedly in breach of standards relating to controversial issues, accuracy and fairnessFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheld Standard 5 (accuracy) – Ms Money’s statements amounted to comment and opinion and were therefore exempt from standards of accuracy under guideline 5a – concerns about misleading impression regarding parole board hearing process adequately addressed under controversial issues standard…...

Download a PDF of Decision No. 1993-010–024: Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024 PDF3. 96 MB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-167 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRIENDS OF THE EARTH (NEW ZEALAND) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 69/95 Decision No: 70/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WOMEN AGAINST PORNOGRAPHY of Auckland and PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 138/95 Dated the 30th day of November 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 J Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kool FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – controversial issue of public importance discussed – broadcaster did not make reasonable efforts to present significant viewpoints during the period of current interest – upheld Standard 6 (fairness) – Mr Muir allowed to make serious, unchallenged and unsubstantiated allegations of impropriety and illegal behaviour about named individuals – Mr Sieling, Mr Catran and Mr Hewlett dealt with unfairly – comments about Mr Barclay and Mr Bartley were brief general criticisms and as such they were not treated unfairly – upheld Standard 5 (accuracy) – subsumed into consideration of Standards 4 and 6 OrdersSection 13(1)(a) –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item titled “The Big Warm” discussed economist Gareth Morgan’s research into global warming – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – programme presented miscellany of views – did not attempt to debate whether global warming was caused by human activity – acknowledged the existence of other perspectives – not upheld Standard 5 (accuracy) – inaccurate to show Takuu as “the ugly face of global warming” – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7. 30pm on 3 May 2009, was introduced by the reporter as follows: The alarmists say the world is in full meltdown, that we’re all going to fry and mankind is to blame. The sceptics say it’s an absolute nonsense....

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…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-104 Dated the 10th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CANTERBURY HEALTH LIMITED of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on National Party leader John Key's "state of the nation" speech – included responses from community groups and the Prime Minister – allegedly unbalanced FindingsStandard 4 (balance) – reasonable efforts made to present significant viewpoints – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News , broadcast on TV One at 6pm on 30 January 2007, reported on the "state of the nation" speech by National Party leader, John Key. It showed parts of Mr Key's speech and also contained a short excerpt from a speech by the Prime Minister, Helen Clark, in which she disputed Mr Key's assertion that there was a "growing underclass" in New Zealand. [2] The One News political editor commented that Mr Key's speech had not contained "a lot of real concrete solutions"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that the host of Breakfast had been "complicit in facilitating and allowing disparaging and racist remarks" to be made about Māori during an interview with child advocate Christine Rankin about the high rate of child abuse in New Zealand. The complainant said the host's "grossly offensive" questions had created the impression that only Māori abuse and kill their children, breaching standards of good taste and decency, balance and accuracy. The Broadcaster's ResponseTVNZ said Ms Rankin’s comments were not intended to disparage Māori but to call "for action on child abuse among Māori who are significantly over-represented in child abuse statistics". She had clearly stated that it was not just Māori who were abusing their children. The broadcaster said the host's questions had forced Ms Rankin to balance her comments....