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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-041 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 33/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Ideas: Cut or Uncut – item discussed Professor Sitaleki Finau’s call for male circumcisions to be publicly funded by the New Zealand Ministry of Health for cultural and health reasons – item included interviews with six people who provided their views on the topic – allegedly unbalanced Findings Principle 4 (balance) – broadcaster made reasonable efforts to present significant points of view – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Radio New Zealand National called Ideas: Cut or Uncut, broadcast at 11am on 16 September 2007, discussed male circumcision and a call by Professor Sitaleki Finau, Massey University’s Director of Pacific Studies, for the practice to be publicly funded in New Zealand for cultural and health purposes....

Chair Joanne Morris declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about proposed Private Member’s Bill – said “a National MP’s plan to give more young people a chance of a job looks doomed to fail” – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item did not leave the impression that the bill was a positive thing – focused on the fact that the bill looked set to fail – appropriate range of significant perspectives presented – not upheld Standard 5 (accuracy) – introduction did not state as a fact that the bill would give young people more jobs – only stated that this was “a National MP’s plan” – not inaccurate – not upheld This headnote does not form part of the decision....

ComplaintOne News – item reported public street marches opposing lifting of GE moratorium – unbalanced as it suggested opponents were militant and irrational and lacked scientific and economic sense Findings Standard 4 – item focused on depth of demonstrators’ concerns and Government’s response to those concerns – not unbalanced – not upheldThis headnote does not form part of the decision Summary [1] Marches in Auckland, Wellington and Christchurch protesting the forthcoming lifting of the moratorium on GE field experiments were dealt with in an item on One News, broadcast on TV One on 11 October 2003 beginning at 6. 00pm. The item focused on events in Auckland. [2] John Lawson complained to Television New Zealand Ltd, the broadcaster that the item was unbalanced as it suggested the anti GE movement consisted of militants and irrational people who had no scientific or economic sense....

Download a PDF of Decision No. 1993-003:Ritchie and TV3 Network Services Ltd - 1993-003 PDF364. 95 KB...

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – examined differences in breast cancer treatment in Australia and New Zealand, and the funding of a drug called Herceptin – interviewed an Australian and a New Zealander with similar cancer and compared their prognoses – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – broadcaster failed to present significant viewpoints on the controversial issue within the programme, and within the period of current interest – due to the presentation of the programme and the nature of the issue, the period of current interest limited to a short time after the broadcast – alternative perspectives were not presented – upheld Standard 5 (accuracy) – two statements would have misled viewers – upheld OrderSection 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – complainant was convicted of raping and abusing his daughter and sentenced to 14 years imprisonment – subsequent legal dispute between them about ownership of painting – daughter withdrew from proceedings which were resolved in complainant’s favour – item reported that complainant while in prison had then brought private prosecution for fraud against daughter arising from dispute over painting – item reported that daughter unable to get legal aid for painting dispute and required to sell her house – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – item not unbalanced – not upheld Standard 5 (accuracy) – item not inaccurate – not upheld Standard 6 (fairness) – item not unfair – not upheld The Authority declined to determine aspects of the complaint pursuant to section 11(b) of the Broadcasting Act 1989....

ComplaintHolmes – item regarding registration of Kopukairoa as wāhi tapu – examined the concerns of four landowners affected by the registration – unbalanced – inaccurate – unfair FindingsStandard 4 – failed to present range of views – unbalanced – uphold Standard 5 – factual inaccuracies – partial – uphold Standard 6 – Iwi dealt with unfairly – uphold OrderBroadcast of statementPublish statement in Bay of Plenty Times This headnote does not form part of the decision. Summary [1] The concern of four Pakeha landowners on Kopukairoa, because of the registration of the mountain in the Bay of Plenty as wāhi tapu, was dealt with in an item broadcast on Holmes at 7. 00pm on 18 November 2002. The item included interviews with the four landowners and Mr Toni Paraire who, it was said, represented the views of the local Māori who registered the wāhi tapu....

Summary [This summary does not form part of the decision. ]The hosts of Environment Matters discussed their views and opinions which were critical of conventional medicine and medical professionals. The Authority declined to uphold the complaint that the broadcast was unbalanced, irresponsible and denigrated medical professionals. Environment Matters was not a factual programme to which the balance standard applied and the hosts were clearly expressing their personal views so listeners would not have been unduly alarmed or distressed. Medical professionals are not a section of the community to which the discrimination and denigration standard applies. Not Upheld: Controversial Issues, Responsible Programming, Discrimination and DenigrationIntroduction[1] During a programme called Environment Matters the hosts discussed a number of topics and made numerous comments that were heavily critical of conventional medicine and medical professionals....

An appeal by Kevin Hackwell against this decision was dismissed in the High Court: AP 212/00 PDF656. 76 KBComplaintAssignment – government defence policy – anti-government – unbalancedFindingsStandard G6 – appropriate to consider implications of defence policy – not unbalanced – majority no upholdStandard G19 – not applicable – no upholdThis headnote does not form part of the decision. SummaryAn Assignment programme which examined government policy on defence matters was broadcast on TV One on 4 May 2000 at 8. 30pm. John Urlich and Kevin Hackwell both complained to Television New Zealand Ltd, the broadcaster, about the programme. Mr Urlich complained that it was unbalanced and anti-government. He identified a number of instances which he said demonstrated the item’s bias. Mr Hackwell complained that the programme had advocated strongly for the status quo, without providing the balancing argument for a change to a more specialised defence capability....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – segment looked at an upcoming documentary called “How to Spot a Cult” – included an interview with an expert on religion and cults, Dr Dennis Green – comments made about Destiny Church and other religious groups – allegedly in breach of controversial issues and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item did not involve a “discussion” of a controversial issue of public importance as envisaged by the standard – not upheld Standard 6 (fairness) – people and organisations referred to in the item were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A segment on Sunrise, broadcast on TV3 at 8. 56am on Wednesday 25 November 2009, previewed an upcoming Inside New Zealand documentary called “How to Spot a Cult”....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reviewed political career of Helen Clark – allegedly unbalanced Findings Standard 4 (balance) – item offered limited historical review of Helen Clark's time in Parliament – no discussion of a controversial issue of public importance – 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 9 November 2008, reviewed the political career of the then leader of the Labour Party, Helen Clark, who was defeated in the New Zealand general election held the previous day. The One News presenter introduced the item by saying: So let's take a look at how Helen Clark's career stacks up. She is Labour's longest serving leader and the only one to win three terms as Prime Minister....

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....

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nailed, Sorted, Exposed – item on a man named Paul Cleave and his attempts to get his camera repaired – item explained that Mr Cleave had received a loan camera from the retailer – Mr Cleave was shown stating that he was not going to return the loan camera – the presenter made a number of comments about him taking the loan camera – allegedly in breach of privacy, accuracy, balance and fairness standards Findings Standard 5 (accuracy) – the Authority received conflicting evidence on two statements complained about and declined to determine them – the other three statements complained about were accurate – not upheld Standard 6 (fairness) – item was a fair representation of Mr Cleave’s conduct – item’s change in focus was prompted by Mr Cleave’s own behaviour – not upheld Standard 3 (privacy) – Mr Cleave signed a consent form allowing…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – reported allegations that during his time as a teacher, Cabinet Minister David Benson-Pope was “sleazy” and made female students stand outside in their nighties as punishment at a school camp – included comments from Mr Benson-Pope – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue of public importance whether Mr Benson-Pope had acted inappropriately towards female students during his time as a teacher – significant perspectives were aired during period of current interest – not upheld Standard 5 (accuracy) – no inaccuracies or misleading impressions – not upheld Standard 6 (fairness) – door-stepping interview not unfair – reporter entitled to approach Cabinet Minister – overall Mr Benson-Pope treated fairly – not upheldThis headnote does not form part of the decision....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Renters – item showing dispute between tenant and rental agent – allegedly in breach of privacy, also unbalanced, inaccurate and unfairFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 5 (accuracy) – subsumed under Standard 6 Standard 6 (fairness) – not unfair – not upheld. This headnote does not form part of the decision. Broadcast [1] An item on Renters on TV2 at 8pm on 17 February 2005 showed an altercation between a tenant and a rental agent. The tenant argued with the agent about a sign in the downstairs window which had led to prospective tenants pestering him in the upstairs flat....