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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at the different road options for Wellington including upgrading State Highway 1 or creating a road through Transmission Gully – stated American army had offered to create the Gully road in 1940s – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – decline to determine under section 11(b) Broadcasting Act 1989 whether Americans made an offer to construct a road through Transmission Gully – item impartial – not upheld Standard 4 (balance) – item was an update on current situation – did not discuss a controversial issue of public importance – 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....

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Close Up – item on group of duck hunters – hunters shown drinking alcohol and using firearms – brands of alcohol visible – man shown taking his pants off and diving onto a blow-up doll – allegedly in breach of good taste and decency, law and order, balance, accuracy, fairness, children’s interests and liquor promotion standards FindingsStandard 11 (liquor) – item contained liquor promotion that was not socially responsible – upheld Standard 1 (good taste and decency) – footage of man with blow-up doll and mixing of firearms and alcohol strayed beyond the bounds of good taste and decency – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back Benches – Mt Albert by-election special – programme featured candidates from Labour, National, Green, ACT and United Future – candidates campaigned for votes and addressed various issues facing the electorate – allegedly in breach of balance and fairness standards FindingsStandard 4 (balance) – programme discussed controversial issues of public importance – criteria used by broadcaster to select participants was justifiable – a variety of significant viewpoints was presented – not upheld Standard 6 (fairness) – ALCP did not take part and was not referred to – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Back Benches was broadcast on TVNZ 7 at 9pm on Friday 10 June 2009....

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – interview with a woman from Kiribati on a “personal mission” to save her homeland from the effects of climate change – allegedly in breach of controversial issues standard Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – presented one woman’s views and experiences – it would have been clear to viewers that she was a climate change activist – not upheld This headnote does not form part of the decision. Broadcast [1] During Sunrise, broadcast on TV3 between 7am and 9am on 19 August 2009, the presenters interviewed a community leader from Kiribati about her observations of the effects of climate change on her island. One presenter introduced the segment saying, “rising water levels and increasing temperatures are starting to have real effects on our day-to-day life....

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 –…...

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item on shoplifting – included footage of “security expert” shoplifting from two stores – allegedly in breach of law and order and balance Findings Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Campbell Live, broadcast on TV3 at 7pm on Monday 9 June 2008, featured a story on shoplifting and the effects it was having both on the business community and New Zealand consumers. [2] The presenter introduced the item by saying: Tonight. . . we look at others caught on camera, caught shoplifting. In fact. . ....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-111 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by STEVE BISHOP of Albany TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryThe sum of $90 million had been granted by the government to start a Maori television station, reported the breakfast host of the talkback session broadcast on Radio Pacific between 6. 00–9. 00am on 20 May 1998. He referred to this figure on a number of occasions even when advised by a guest, the Opposition Spokesperson on Broadcasting, that the correct figure was $19 million. Ms Thompson complained to Radio Pacific Ltd that the broadcast was inaccurate, unbalanced, deceptive and failed to respect the principles of partnership between Maori and Pakeha. Explaining that the host was confused between the figure given for the Maori television station and the public broadcasting fee, Radio Pacific upheld the complaint about inaccuracy. It apologised and offered to broadcast an explanatory statement. It declined to uphold any other aspect of the complaint....

Summary Auckland’s controversial Britomart development was the subject of discussion on John Banks’ talkback programme on Radio Pacific broadcast on 30 July 1999 between 6. 30–7. 30am. Mr Banks, an opponent of the project, suggested that the developer, Mr Lu, should return to his home country in Asia. He said "we don’t want to pour our money down your loo Mr Lu. " Savoy Equities Ltd, on behalf of Mr Lu, complained to Radio Pacific Ltd, the broadcaster, that the comments made were personally abusive and insulting, and incited hostility towards Chinese and Singaporeans. It contended that the host’s remarks were aggravated by what it called his ignorance of the facts. Radio Pacific responded that Mr Lu had been offered the opportunity to respond on-air at the time, but had declined....

ComplaintDocumentary New Zealand: "The Real New Zealand" – gay homestay – promotion of homosexuality – omission of information and warning about sexually transmitted diseases – unbalancedFindings(1) Standard G2 – action taken sufficient – no uphold (2) Standard G6 – no uphold (3) Standard G20 – no uphold This headnote does not form part of the decision. Summary An episode of Documentary New Zealand: "The Real New Zealand" about New Zealand homestays included a segment about a homestay designed for gay visitors. The programme was broadcast on TV One at 8. 30pm on 21 August 2000. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, about the footage, which he considered promoted homosexuality and contained scenes of nudity among homosexuals which would have been offensive to a majority of viewers....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – update on a previous item about a used Ferrari – item reported that Continental Car Services Ltd had “refused to hand over” a statement of compliance for the vehicle – item implied that CCS was engaging in restrictive trade practices – allegedly unbalanced, inaccurate and unfair – TVNZ upheld two points as inaccurateFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – item contained several inaccurate and misleading statements – item as a whole was also inaccurate – action taken by TVNZ insufficient – upheld Standard 6 (fairness) – unfair to CCS and Mr Pitt – upheldOrdersBroadcast of a statement Payment of legal costs of $5,283. 00 Payment of costs to the Crown $2500. 00 This headnote does not form part of the decision....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – host spoke to a number of women about their experiences with dowry abuse in New Zealand – allegedly in breach of controversial issues, accuracy and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme did not discuss a controversial issue of public importance – highlighted problem of dowry abuse and presented experiences of a few women – not upheld Standard 5 (accuracy) – complainant did not identify any inaccurate statements – not upheld Standard 7 (discrimination and denigration) – complainant did not identify any group or section of the community – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – story about a man convicted of defrauding ACC who later successfully appealed to the Supreme Court – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – item focused on one man and his successful appeal to the Supreme Court – touched on criticisms of ACC’s conduct which could be controversial and of public importance – broadcast statement from ACC addressing criticisms – not upheld Standard 5 (accuracy) – item omitted information that may have been useful – but did not contain any inaccuracies which amounted to a breach – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on 12 June 2009, featured a man who had been convicted of defrauding ACC, and later won an appeal to the Supreme Court....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...

Complaint under section 8(1C)(C)(i) of the Broadcasting Act 1989One News – reference to China as “the godless state” – allegedly in breach of good taste and decency, balance and accuracy standards Findings Standard 1 (good taste and decency) – “godless” used in this context to mean “without a god”, not “wicked” – not upheld Standard 4 (balance) – item did not constitute a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – use of the word “godless” to mean “without a god” did not jeopardise editorial independence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, made by the BBC, was broadcast at 6pm on 25 December 2007....

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on landslip affecting several homes in Bucklands Beach – stated that one house had been bought just five weeks prior to landslip through Trinity Real Estate, which was in liquidation, and that a LIM report was not obtained – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Trinity Real Estate – not upheld This headnote does not form part of the decision....