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Decisions
New Zealand Mounted Rifles Association Inc and Television New Zealand Ltd - 2010-016
2010-016

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Sunday – item and follow-up item investigated a war crime perpetrated by New Zealand’s mounted troopers in Surafend in 1918 – reported how many people had been killed and questioned why the Government would not apologise to the victims’ families – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration FindingsStandard 5 (accuracy) – no material points of fact raised by the complainant – general thrust of the item was accurate – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld Standard 4 (controversial issues – viewpoints) – programme of historical interest but did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld Standard 7 (discrimination and denigration) – New Zealand World War I troops not a section of the…...

Decisions
Peapell and Television New Zealand Ltd - 2007-090
2007-090

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Decisions
Mitchell and Wolf and The Radio Network Ltd - 2004-113, 2004-114
2004-113–114

Complaints under section 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – Paul Holmes Breakfast – Hon Tariana Turia called a “confused bag of lard” by host – also accused of being a bully and “all mouth” – allegedly offensive, encouraged denigration, unbalanced and partialFindings Principle 1 and Guideline 1a (good taste and decency) – comments not indecent – questionable taste – context – not upheld Principle 4 (balance) – not applicable to editorial comment – not upheld Principle 6 (accuracy) – editorial comment not required to be impartial – not upheld Principle 7 and Guideline 7a (discrimination) – comments focused on individual, not group – not upheldObservation Broadcast comments raised issue of fairness, and broadcaster acknowledged probable unfairness. However, neither complainant raised the fairness standard either explicitly or implicitly in original complaints. Authority unable to assess a complaint on standard not raised in original complaints....

Decisions
Strata Title Administration Ltd and Television New Zealand Ltd - 2004-214
2004-214

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about complaints from spokespersons representing the Bodies Corporate of four residential complexes – all were dissatisfied with Strata Title Administration Limited and its director Michael Chapman-Smith – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – issue essentially one of fairness – not upheld Standard 5 (accuracy) – inaccurate to state that Mr Chapman-Smith had agreed to an interview and then changed his mind – other statements not inaccurate – one aspect upheld Standard 6 (fairness) – overall item was fair – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] An item on Fair Go broadcast on TV One at 7. 30pm on 13 October 2004 examined complaints from spokespersons representing the Bodies Corporate of four residential complexes – Tuscany Towers, Ponsonby Crest, Waterford Apartments and Garden Grove....

Decisions
Boyce and Karam and Television New Zealand Ltd - 2010-130
2010-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: The Case Against Robin Bain – documentary maker, Bryan Bruce, gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether surprise witness at the retrial had given misleading evidence – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – not unfair to not include viewpoints of the defence and David Bain – not upheld – Daryl Young was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 4 (controversial issues – viewpoints) – programme discussed a controversial issue of public importance – it was an authorial documentary approached from a particular perspective as envisaged by guideline 4b…...

Decisions
Megavitamin Laboratories and Stewart and Television New Zealand Ltd - 1995-064, 1995-065
1995-064–065

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 64/95 Decision No: 65/95 Dated the 20th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MEGAVITAMIN LABORATORIES NEW ZEALAND LIMITED and DR WARREN STEWART of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R A Barraclough Co-opted member...

Decisions
Turner and Radio Pacific Ltd - 1996-141
1996-141

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-141 Dated the 24th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C R TURNER of Hamilton Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Forbes & Lee and UMA Broadcasting Ltd - 2015-058 (1 March 2016)
2015-058

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]During Paakiwaha, host Willie Jackson interviewed the Head of News and Current Affairs at Māori Television about the recent resignation of senior staff, among other things. Mihingarangi Forbes and Annabelle Lee, two of the individuals referred to, complained that the interview was unfair, inaccurate and unbalanced. The Authority upheld aspects of the accuracy complaint, as Mr Jackson claimed Ms Forbes leaked information to media (which was also unfair) and declined an invitation to appear on the programme, which was inaccurate. The Authority also found the item was unfair to Ms Forbes, Ms Lee and another former staff member as the discussion reflected negatively on their professional ability and they were not given a timely and relevant opportunity to respond or give comment....

Decisions
Te Kani-Green and Television New Zealand Ltd - 2012-057
2012-057

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on, and interviewed, young Māori activist who expressed his views on the Government’s sale of state assets and mining proposals – presentation of item allegedly in breach of good taste and decency, controversial issues, and discrimination and denigration standardsFindingsStandard 7 (discrimination and denigration) – views expressed by Wikatane Popata represented one end of a political spectrum – his views were described as radical and audience would have understood that they were not representative of all Māori or young Māori – item did not encourage the denigration of, or discrimination against, any section of the community – not upheld Standard 4 (controversial issues) – interview did not discuss a controversial issue of public importance – focused on the Popata brothers and their political views – reporter took “devil’s advocate” approach and programme included viewer feedback – not upheld Standard 1…...

Decisions
Grylls and Dietitians New Zealand and MediaWorks TV Ltd - 2014-076
2014-076

Summary [This summary does not form part of the decision. ] An item on 3rd Degree considered a controversial and increasingly popular high fat and low carbohydrate diet. The Authority did not uphold complaints that the item was unbalanced and inaccurate because it was more favourable to the ‘pro-fat’ side of the debate. The broadcaster clearly made efforts to interview experts on both sides of the debate, and viewers were left to make up their own minds or seek further information about the merits of the diet. Not Upheld: Controversial Issues, Accuracy, Fairness Introduction [1] An item on 3rd Degree considered a controversial and increasingly popular high fat and low carbohydrate diet. A reporter interviewed a number of experts, and also talked to several people who had experienced weight loss and health benefits from the diet. The item aired on TV3 on 23 April 2014....

Decisions
Hon Sir Roger Douglas, Hon Richard Prebble and Rt Hon David Lange and Television New Zealand Ltd - 1991-016, 1991-017, 1991-018
1991-016–018

Download a PDF of Decision No. 1991-016–018:Hon Sir Roger Douglas, Hon Richard Prebble and Rt Hon David Lange and Television New Zealand Ltd - 1991-016, 1991-017, 1991-018 PDF2. 98 MB...

Decisions
McLean and Television New Zealand Ltd - 1998-001
1998-001

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-001 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN McLEAN of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Terry and Television New Zealand Ltd - 1998-050, 1998-051, 1998-052
1998-050–052

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-050 Decision No: 1998-051 Decision No: 1998-052 Dated the 21st day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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
Hindu Council of New Zealand and Triangle Television Ltd - 2007-070
2007-070

Complaint under section 8(1)(a) of the Broadcasting Act 1989Darpan – report on first Hindu conference in New Zealand – allegedly in breach of law and order, privacy, balance, accuracy, fairness, programme classification, programme information and violence standards Findings Standard 2 (law and order) – report was not inconsistent with the maintenance of law and order – not upheld Standard 3 (privacy) – privacy standard relates to an individual – no individual specified by the complainant – not upheld Standard 4 (balance) – no controversial issue of public importance discussed in the item – balance standard did not apply – not upheld Standard 5 (accuracy) – Council spokesperson explained what the conference was about – viewers were made aware that the conference had a number of themes – viewers would not have been misled – not upheld Standard 6 (fairness) – report was a fair and accurate reflection of the event – not upheld Standard 7 (programme…...

Decisions
Butler, Dunleavy and Prior and Television New Zealand Ltd - 2009-063
2009-063

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....

Decisions
Dickinson and The Radio Network Ltd - 2008-126
2008-126

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – talkback host discussed politicians and the use of binding referenda – host compared people who did not agree with the use of binding referenda to a woman meeting a man for the first time and saying "I'm yours, do anything you want with me" – allegedly in breach of good taste and decency, law and order, controversial issues, discrimination and denigration and responsible programming Findings Standard 1 (good taste and decency) – host's remark did not invoke connotations of rape – not upheld Standards 2 (law and order), 4 (controversial issues – viewpoints), 7 (discrimination and denigration) and 8 (responsible programming) – standards not applicable – not upheld This headnote does not form part of the decision....

Decisions
McArthur and Radio New Zealand Ltd - 2007-072
2007-072

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Checkpoint – report stated that Queenstown may face an energy crisis in the future – the words electricity, energy and power were used interchangeably – allegedly in breach of balance, fairness, accuracy and social responsibility standards Findings Principle 6 (accuracy) – item was not deceptive – listeners would not have been misled – not upheld Principle 4 (balance) – standard did not apply because the item did not discuss a controversial issue of public importance – not upheld Principle 5 (fairness) – standard did not apply – not upheld Principle 7 (social responsibility) – standard did not apply – not upheld This headnote does not form part of the decision....

Decisions
Colman and Radio New Zealand Ltd - 2004-072
2004-072

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Nine to Noon – commentator (Hana O’Regan) compared the impact of views of the leader of the National Party (Dr Brash) to those of Hitler – allegedly offensive, irresponsible, unbalanced, unfair and inaccurateFindings: Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – another perspective on extensively debated controversial issue – not upheld Principle 5 (fairness) – focus of comparison on process, not policy – not upheld Principle 6 (accuracy) – limited factual comparison accurate – not upheldThis headnote does not form part of the decision. Broadcast [1] Commentator Hana O’Regan was interviewed by the presenter (Linda Clark) on National Radio’s Nine to Noon between 9. 54 and 10. 00am on 11 February 2004....

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