Search Rapua

Summary District Court Judge Martin Beattie was acquitted on 1 August 1997 on a number of dishonesty charges after a jury trial. It was a high-profile case. On 27 July 1998, a news item revealed the contents of a High Court ruling made before the trial in which the judge had ruled inadmissible a report prepared by a QC at the request of the Chief District Court Judge in the early stages of the investigation. The item reported that the judgment disclosed the QC’s opinion that Judge Beattie was guilty of fraud. Mr Clayton complained to Television New Zealand Ltd, the broadcaster, that the QC’s opinion about the judge’s behaviour was "utterly irrelevant", and the disclosure not only breached broadcasting standards, but also invaded Judge Beattie’s privacy....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-015 Dated the 27th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AUCKLAND TROTTING CLUB (INC) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryA weekend in the Wairarapa was the prize in a competition run by radio station 91ZM in Wellington in the first week of February. Listeners were invited to write in and explain why they deserved this holiday. Some entries were read each day, including one from "Malcolm" on Wednesday, and he was subsequently chosen as the winner on Friday. His winning entry was read on both days and he was spoken to on-air on Friday after the announcer telephoned his named place of work and asked for him by name. His entry detailed how his wife of 13 years had left him and his two sons (aged 12 and 9) a little over a year previously as she was having an affair with a 19-year-old. His letter concluded by stating his former wife "has since been dumped by the 19-year-old"....

Summary Four appliance repair centres were given a faulty microwave oven to repair and the results were reported on Target broadcast by TV3 Network Services Ltd on 6 June 1999 between 7. 00–7. 30pm. Manukau Appliance Service Centre Ltd repaired the microwave by bypassing the variable power switch with the result that it could only operate on high power. Mr Welch, Managing Director of Manukau Appliance Service Centre, complained to the broadcaster that the item was unfair to his company because it left the impression that his staff were incompetent in locating faults in electrical equipment. Of major concern, he said, was that TV3 had failed to include explanatory comment from the company about the work it had done. TV3 responded that the repair test had been conducted fairly and the testing had been overseen by two independent technical experts....

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....

The Authority has not upheld a complaint that a discussion on a talkback segment on Newstalk ZB breached broadcasting standards. The Authority found that the complainant, who had called in to the programme, was not treated unfairly as she was given an opportunity to voice her opinion and was treated respectfully. The Authority also found that the broadcast’s criticism of United States President Donald Trump did not exceed what could fairly be expected to be levelled against a highly controversial United States President. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion. The discrimination and denigration standard also did not apply as it does not apply to individuals or organisations. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Complaints under section 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989Holmes – two items about a cat captured by complainant who thought it was a stray and took it from West Auckland to Penrose – second Holmes item advised cat found – allegedly inaccurate, unfair and a breach of privacy Eating Media Lunch – rebroadcast of some footage from Holmes – allegedly a breach of privacy FindingsHolmes items: Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld Standard 5 (Accuracy) and Guidelines 5a and 5b – no factual errors – item reported that letter of apology received since Holmes involvement, not because of Holmes involvement – not upheld Standard 6 (Fairness) and Guidelines 6a, 6c, 6d, 6f – light-hearted item – no intention to humiliate complainant – not upheld FindingsEating Media Lunch Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

ComplaintOne News – 4, 5, 10 August – NZRFU receptionist advised caller of the availability of scalped tickets – receptionist described as a "go-between" and later as "at the centre" of the scam – covert recording of telephone conversation – inaccurate and unfair FindingsStandard G1 – not inaccurate – no uphold Standard G4 – not unfair to use covert call given public interest – no uphold; unfair not to broadcast full summary of covert call – uphold Standards G7, G13, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary Following up on information received, a TVNZ journalist, without identifying himself, telephoned the New Zealand Rugby Union (NZRFU) to ask about the availability of a ticket for a forthcoming test match. The call was recorded covertly....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – episode devoted to controversy about Meningococcal B vaccine and immunisation campaign – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – a range of significant views advanced about a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies and not misleading – not upheld Standard 6 (fairness) – taking into account the format of programme, panel member Ron Law treated fairly – not upheldThis headnote does not form part of the decision. Broadcast [1] The controversy about the Meningococcal B vaccine and the current immunisation campaign was dealt with during an entire episode of Close Up, broadcast on TV One at 7. 00pm on 14 July 2005. The item included interviews undertaken in Norway at the laboratory that developed the vaccine on which the New Zealand vaccine was based....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item showed autopsy photographs of child who had been beaten to death – allegedly in breach of good taste and decency, privacy, fairness, programme classification, children’s interests, and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – standard does not apply to deceased individuals – not upheld Standard 6 (fairness) – standard does not apply to deceased individuals – not upheld Standard 7 (programme classification) – standard does not apply to unclassified news programmes – not upheld Standard 9 (children’s interests) – broadcaster sufficiently mindful of the interests of child viewers – not upheld Standard 10 (violence) – broadcaster exercised care and discretion in broadcasting the photographs – not upheld This headnote does not form part of the decision....

ComplaintOffice Goss – The Edge – caller claimed that a school principal was a lesbian in relationship with another teacher – breach – good taste – privacy – fairness – accuracyFindingsNo tape available – decline to determine – s. 11(b) – warningName of complainant and town of residence deleted to preserve privacyThis headnote does not form part of the decision. Summary[1] To protect the privacy of the persons referred to in this complaint, the Authority makes an order deleting reference to the complainant other than by initials, and deleting reference to the town from which the complaint emanated. [2] The programme Office Goss was broadcast by The Edge. In the programme broadcast between 7. 30–8....

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

A broadcast of The Long Lunch hosted by Wendyl Nissen included an interview with Horowhenua District Councillor (HDC) Ross Campbell, who talked about his decision to wear a body camera to Council meetings after what was described as incidents of bullying towards him. MediaWorks upheld the complaint under the fairness standard, finding that it should have sought comment from HDC prior to the broadcast, but did not take any remedial action. The Authority upheld HDC’s complaint that the action taken by MediaWorks following the finding of the breach of the fairness standard was insufficient. The Authority found that MediaWorks ought to have broadcast a follow-up item to remedy the breach. The Authority also upheld the complaint that the item was unbalanced as it did not include any comment from HDC or acknowledgement of an alternative viewpoint with respect to the allegations of bullying....

Download a PDF of Decision No. 1993-170:Kent and Television New Zealand Ltd - 1993-170 PDF401. 5 KB...

Summary [This summary does not form part of the decision. ]Two items on Fair Go investigated complaints against a medal conservator and dealer, Owen Gough. The Authority did not uphold complaints from Mr Gough that the people interviewed made false claims about him, that his response was not fairly presented, and that the programmes breached his privacy. The broadcasts carried a high level of public interest, the claims made by those interviewed were clearly framed as their personal opinions and experiences, and the Authority was satisfied that the broadcaster had sufficient basis for the story. Mr Gough was not treated unfairly. Not Upheld: Fairness, Accuracy, Privacy Introduction[1] Fair Go investigated complaints against a medal conservator and dealer, Owen Gough, who restored and mounted original war medals, and also sold replicas to complete sets of medals....

Summary[This summary does not form part of the decision. ]Two episodes of Story featured items about self-described ‘professional political campaigner’ Simon Lusk. In the first item, presenter Duncan Garner was shown hunting with Mr Lusk, and Mr Lusk apparently shot two deer. Excerpts of political figures being interviewed about their involvement with Mr Lusk, and of Mr Lusk discussing such involvement, were shown throughout the items. The Authority did not uphold a complaint alleging that the items were in breach of multiple broadcasting standards for the way Mr Lusk’s involvement in politics was reported and for featuring footage of deer hunting. The footage of the deer hunting was not so graphic or gratuitous that it would have offended a significant number of viewers, including child viewers....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on a family who had purchased land in Papamoa only to find that the section had an actual size of 258m2, rather than the 296m2 shown on the property title and in their Sale and Purchase Agreement (SPA). The item found that the surveyor was responsible for the incorrect description on the title. However, the item also discussed an extract from an email sent to the purchaser by the real estate agent involved, Wayne Skinner, asking for a notation on the SPA seeking verification of the land site to be removed....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Farming Show – host told anecdote about his experience at The Waterfront Bar & Bistro in Queenstown – claimed he was refused service after having a “couple of beers” and commented that it was “poor form” on the part of the bar – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – host’s comments were inappropriate – host abused his position by allegedly threatening the bar staff with bad publicity and then following through by airing a personal grievance to enact revenge on a named business – business had no opportunity to defend itself – The Waterfront Bar & Bistro treated unfairly – upheld No Order This headnote does not form part of the decision....