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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
Webb and Television New Zealand Ltd - 2002-168
2002-168

ComplaintHolmes Election Special; Prime Ministerial Debate – unbalanced – unfair to leader of opposition FindingsStandards 4 and 6 – live debate – robust discussion – similar allocation of time to present views – not unfair – not unbalanced – no uphold This headnote does not form part of the decision. Summary [1] A Holmes Election Special; Prime Ministerial Debate programme was broadcast on TV One at 7. 00pm on 22 July 2002. It featured Ms Helen Clark and Mr Bill English, the leaders of the two main political parties. It was a general election programme, broadcast live with a studio audience, and the leaders were questioned on their party policies. [2] Mr Hugh Webb complained to Television New Zealand Ltd, the broadcaster, that the programme was unbalanced and that Mr English was treated unfairly....

Decisions
Kavvas and Television New Zealand Ltd - 2005-135
2005-135

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – item on Turkey’s potential entry into the European Union – interview with London correspondent – comments allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – matters complained about were not the controversial issue of public importance under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) and guideline 6g (denigration) – item did not denigrate Turkish people – no other grounds of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] Tonight broadcast a three-part item on 4 October 2005 at 10. 30pm covering the possible entry of Turkey into the European Union (EU). The first part of the item was an introductory piece by the Tonight presenter which briefly outlined the outcome of a meeting in Luxembourg....

Decisions
Department of Labour and Television New Zealand Ltd - 2004-131
2004-131

Joanne Morris, Chair of the Authority, declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about a report which disclosed internal fraud at the Immigration Service – allegedly unbalanced and misleading Findings Standard 4 (balance) – balance of perspectives aired – not upheld Standard 5 (accuracy) – no inaccuracies – not misleading – not upheld Standard 6 (fairness) – not part of original complaint – no jurisdiction to determine This headnote does not form part of the decision. Broadcast [1] The lead item on One News broadcast on TV One at 6. 00pm on 8 April 2004, concerned a report that reviewed the Immigration Service’s processes when dealing with investigations into allegations of internal corruption....

Decisions
Barr and Radio New Zealand Ltd - 1998-016
1998-016

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-016 Dated the 26th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HUGH BARR of Wellington Broadcaster RADIO NEW ZEALAND LIMITED Members L M Loates R McLeod J Withers...

Decisions
Keating and Television New Zealand Ltd - 2008-009
2008-009

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about a painting by Philip Clairmont called “The Possum” – discussed who owned the painting, the authenticity of the signature and whether it was intended to be sold as a serious work – included interviews with Mr Clairmont’s son, ex-partner and one of his friends – allegedly in breach of law and order, privacy, balance, accuracy and fairness Findings Standard 6 (fairness) – item treated the complainant fairly – not upheld Standard 5 (accuracy) – accurate to state that the complainant had made thousands from the sale of Clairmont artworks – decline to determine under section 11(b) whether the signature was genuine – item did not imply that complainant had forged the signature – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity –…...

Decisions
Geddes and Television New Zealand Ltd - 1999-224
1999-224

Summary A representative of the Airline Pilots’ Association was interviewed on Holmes, broadcast at 7. 00pm on TV One on 2 September 1999, in connection with a strike by Ansett pilots. Mr Geddes complained to Television New Zealand Ltd, the broadcaster, that the interview was biased, unbalanced and actively denigrated pilots involved in the dispute. He said he was appalled at the rudeness of the interviewer and his unprofessional, discourteous behaviour. TVNZ conceded that the interview could be described as "robust" but did not agree that it was rude or biased. The pilots’ representative was given full opportunity to respond on their behalf, it argued. It explained that, as management had declined to appear, balance was achieved by the presenter adopting a "devil’s advocate" position in order to prevent the item from becoming a chronicle of viewpoints from the Pilots’ Association....

Decisions
Kiri Potaka-Dewes, on behalf of Ngati Rangiteaorere, and The RadioWorks Ltd - 2000-177
2000-177

ComplaintBreakfast session – Lakes FM – skit about felling trees for runway extension in Rotorua – bad taste – unbalanced – irresponsibleFindingsPrinciple 1 – sensitive issue, but not precluded from satirical treatment – no uphold Principle 2 – no uphold Principle 4 – other viewpoints aired – no uphold Principle 7 – humour – no uphold This headnote does not form part of the decision. Summary In a broadcast on Lakes FM on 19 September 2000 at about 7. 20am, two breakfast session hosts joked about felling trees to enable the runway at Rotorua airport to be extended. The background noises included the sound of chainsaws. Ngati Rangiteaorere, the owners of a stand of trees adjacent to the airport, complained through their solicitors to Lakes FM about the broadcast....

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
Brooking and Television New Zealand Ltd - 2009-012
2009-012

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with Garth McVicar from the Sensible Sentencing Trust regarding a 21- month prison sentence given to a man found guilty of illegally selling his large gun collection on the black market – discussion about whether sentences in New Zealand were long enough – allegedly unbalanced Findings Standard 4 (balance) – item discussed a controversial issue of public importance – viewers only provided with one significant viewpoint – upheld No Order This headnote does not form part of the decision. Broadcast [1] A segment during Breakfast, broadcast on TV One at 7. 10am on Thursday 18 December 2008, included an interview with Garth McVicar from the Sensible Sentencing Trust. The interview focused on the previous day’s sentencing of a man to 21 months imprisonment for illegally selling his large gun collection on the black market....

Decisions
Wolf and Television New Zealand Ltd - 2006-001
2006-001

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item mentioned Charlotte Dawson a number of times – allegedly unbalanced, inaccurate and unfairFindings Decline to determine complaint under s. 11(a) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch broadcast on TV2 on 8 November 2005 at 10pm contained a segment called “Save our Stars”, in which an actor went around the streets of Auckland collecting donations for various television presenters currently working for Prime Television. Correspondence [2] Graham Wolf complained to Television New Zealand Ltd, the broadcaster, about the number of times Charlotte Dawson, a local celebrity, was mentioned in the programme. He argued that she had been referred to at least 11 times in the last 10 minutes of the episode, and submitted that Standards 4, 5 and 6 had been breached....

Decisions
The National Collective of Rape Crisis and Related Groups of Aotearoa Inc and Woodward and Television New Zealand Ltd - 1996-099, 1996-100
1996-099–100

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...

Decisions
Ratewatch and Horizon Pacific Television Ltd - 1996-152
1996-152

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-152 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RATEWATCH of Waitakere City Broadcaster HORIZON PACIFIC TELEVISION LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Eden and Television New Zealand Ltd - 1998-034
1998-034

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-034 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARK EDEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Reekie and Television New Zealand Ltd - 2009-026
2009-026

An appeal against this decision was dismissed in the High Court: CIV 2009-404-003728 PDF255....

Decisions
Mental Health Commission and CanWest RadioWorks Ltd - 2006-030
2006-030

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – Devlin Live – comments by host about proposal to open a house for psychiatric patients in a Wellington suburb without telling residents – criticised the Mental Health Commission – said decision was “as loco and loopy as the people they’re trying to place in the community” – allegedly in breach of good taste and decency, unbalanced, inaccurate, unfair, and in breach of social responsibilityFindingsPrinciple 1 (good taste and decency) – subsumed under Principles 5 and 7Principle 4 (balance) – subsumed under Principles 5, 6 and 7Principle 5 (fairness) – unfairly criticised Mental Health Commission for a decision it did not make – not unfair to mental health patients – would not have caused panic or alarm – one aspect upheldPrinciple 6 (accuracy) – accuracy standard applied to talkback host’s remarks – inaccurately attributed responsibility for acute facility to…...

Decisions
Canterbury District Health Board and The Radio Network Ltd - 2004-133
2004-133

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....

Decisions
Wolf and Television New Zealand Ltd - 2007-043
2007-043

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Unauthorised History of New Zealand – presenter commented that “the white settlers were intent on fucking over the natives” in New Zealand – pretended to urinate on a public sculpture – allegedly in breach of good taste and decency, law and order and balance standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheldStandard 2 (law and order) – no realistic portrayal of anti-social behaviour – not upheldStandard 4 (balance) – programme was not a news, current affairs or factual programme – standard did not apply – not upheld This headnote does not form part of the decision. Broadcast [1] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history....

Decisions
Banks, New Zealand Aids Foundation Inc and Bennachie and Television New Zealand Ltd - 2003-141–158
2003-141–158

ComplaintDestiny Television: Homosexuality, Religion and God – series of six programmes delivering religious sermons – denigration of and discrimination against homosexual and transsexual people – offensive – inconsistent with legislation – errors of fact – not impartial – TVNZ upheld complaint in part – apologised – removed series from repeat broadcast – dissatisfied with action taken on aspect upheld – dissatisfied with aspects not upheld Findings(1) Action taken on Standard 6 – insufficient – uphold (2) Standard 2 Guideline 2a – did not involve principle of law – no uphold (3) Standard 4, Standard 5 – not relevant – not a news, current affairs or other factual programme – no uphold OrderComplaints referred back to broadcaster under s. 13(1)(c) for further consideration of action to be taken This headnote does not form part of the decision....

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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