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Download a PDF of Decision No. 1991-052:Collins and Television New Zealand Ltd - 1991-052 PDF521. 77 KB...

Mary Anne Shanahan 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. ]An item on Radio Tarana News reported on District Court proceedings involving the complainant, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased. The Authority did not uphold his complaint that the item was unfair, inaccurate and unbalanced. The item was a straightforward, brief news report, and the complainant’s position was fairly included in the item. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] An item on Radio Tarana News reported on District Court proceedings involving the complainant, Rajesh Singh, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased....

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....

The Authority upheld a complaint that a Checkpoint report summarising the complainant’s submission at a Waitematā local board public meeting was inaccurate and unfair to her. The item reported that ‘the sparks continued to fly when activist Lisa Prager described how she had claimed mana whenua status in her bid to save the trees [on Ōwairaka Mt Albert] but now regrets the move. [One] board member… refused to thank Ms Prager for her submission because, she said, her comments were “a bit racist”. ’ The Authority agreed with Ms Prager that the use of the word ‘regrets’ did not accurately reflect her view expressed at the meeting: “. . . I retire any claim to being mana whenua whatsoever. But I have no regrets in standing up and initiating the conversation. . ....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-140 Decision No: 1997-141 Decision No: 1997-142 Decision No: 1997-143 Dated the 13th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LYNN PHEASE of Putaruru and MARGARET MITCHELL of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintAssignment – inaccurate, unbalanced, failed to respect principles of lawFindingsStandard G1 – no uphold Standard G4 – not unfairly treated in preparation of programme; possible inferences did not constitute unfairness in terms of broadcasting standards – no uphold Standard G5 – no upholdStandard G6 – overall not unfair, unbalanced or partial; a new perspective offered on a historical matter – no uphold This headnote does not form part of the decision. Summary An Assignment programme, broadcast on TV One on 30 March 2000 beginning at 8. 30pm, re-examined allegations that Dr William Sutch had engaged in espionage. According to the programme, despite his having been tried and acquitted, fresh evidence existed to show that there was doubt about the justice of the acquittal....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – news item reported that Nicholas Keesing undertook an election smear campaign “to get revenge” – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld complaint under Standards 5 and 6 – action taken allegedly insufficient Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) and Standard 6 (fairness) – broadcaster upheld complaint under two standards and offered corrective statement – action taken sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] A news item broadcast on Newstalk ZB at 12pm on 23 November 2008 reported that “Newstalk ZB can now reveal what lies at the bottom of a smear campaign, in one of the country’s key electorates during the Election....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – interview with Larry Baldock about the citizens-initiated referendum on smacking – host asked the interviewee a question nine times challenging him to give an answer – host interrupted interviewee on several occasions – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – host played the role of devil’s advocate – significant points of view presented – not upheld Standard 5 (accuracy) – item did not mislead – not upheld Standard 6 (fairness) – interviewee was robustly challenged and given an adequate opportunity to express his views – not upheld Standard 7 (discrimination and denigration) – standard not applicable – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera trial evaluated six car grooming companies – complainant’s business sign was shown in establishing shot for another company’s evaluation – allegedly in breach of fairness Findings Standard 6 (fairness) – broadcaster could have taken more care but shot was brief and the programme made it clear which company was being evaluated – not unfair to complainant – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Target, broadcast at 7. 30pm on TV3 on Tuesday 4 November 2009, the presenter summarised the results of a hidden camera trial in which an actress hired six different car grooming companies. Target hid a ten-dollar note in the back of the car and some change in the front seat as a test of the car groomers’ honesty....

AMENDED DECISIONThis decision has been amended and re-issued following advice that the Authority’s original decision about a Labour Party advertisement, issued on 10 September 2005, relied on incorrect information. The original decision noted that the advertisement stated that the Māori Party had voted with National 277 times. The figure of 277 was used on an audio copy of the advertisement supplied to the Authority by the New Zealand Labour Party. After the decision was issued, the Labour Party advised that it had supplied the Authority with an early version of the advertisement that had not in fact been broadcast. The advertisement that was broadcast stated that the Māori Party had voted with National 227 times. Upon receiving this advice, the Authority requested further submissions from all parties. No further submissions of substance were received....

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item about a 15-year-old girl who had run away from her home in Auckland – showed the girl in security camera footage in a shop with two young companions – included footage of the house she was found in – allegedly in breach of privacy, fairness and children’s interestsFindings Standard 3 (privacy) – no breach of privacy – not upheld Standard 6 (fairness) – boys not portrayed as being at fault – not unfair – not upheld Standard 9 (children’s interests) – subsumed under Standard 6This headnote does not form part of the decision. Broadcast [1] A 60 Minutes item broadcast on TV3 at 7. 30pm on 21 February 2005 told the story of a 15-year-old Auckland girl, Emma, who had run away from home to a family in Te Awamutu....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – Israeli Prime Minister described as the “butcher Sharon” – allegedly offensive, unbalanced, unfair and incited racial disharmonyFindings Principle 1 (good taste and decency) – editorial context – not upheld Principle 4 (balance) – does not apply to opinion pieces – not upheld Principle 5 (unfair) – acceptable opinion – not upheld Principle 7 and Guideline 7a (encouraged discrimination) – not racial epithet – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 7. 45am on 23 March 2004, the host of Paul Holmes Breakfast on Newstalk ZB, Paul Holmes, commented about the killing by the Israelis of Hamas leader Sheikh Ahmed Yassin. Among other critical remarks, the host described the Prime Minister of Israel as “the butcher Sharon”....

ComplaintDNZ World Extra: Palestine Is Still The Issue – documentary – Middle East conflict – Palestinian perspective – unbalanced – inaccurate – unfair Findings Standard 4 – range of significant points of view presented – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] DNZ World Extra: Palestine Is Still The Issue was a special report by John Pilger that examined the Middle East conflict, from a Palestinian perspective. The programme questioned Israeli Government policy and its impact on the Palestinian people. The programme complained about was broadcast on TV One at 8. 40pm on 21 October 2002. [2] George and Eileen Anderson complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced, inaccurate and unfair towards Israelis....

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – political discussion – allegedly unfair FindingsStandard 6 (fairness) – robust political discussion – vital component of freedom of expression that politicians and public figures are scrutinised – panellist’s comments about Phil Goff were not “abusively personal” – Phil Goff treated fairly – not upheld This headnote does not form part of the decision. Introduction [1] A political discussion was broadcast during Nine to Noon on Radio New Zealand National on the morning of 3 October 2011. [2] Dorothy Bauld made a formal complaint to Radio New Zealand Ltd (RNZ), the broadcaster, alleging that the broadcast breached standards relating to controversial issues, fairness and discrimination and denigration....

Summary[This summary does not form part of the decision. ]A Breakfast bulletin reported that Auckland's Okahu Bay would be closed to the public for one day due to a private event held by local iwi Ngāti Whātua Orākei. The Authority did not uphold the complaint that the item was inaccurate, unfair and encouraged discrimination by omitting the views of Ngāti Whātua and implying their actions were 'wrong'. It would have been preferable to include comment from Ngāti Whātua in the initial broadcast, and by failing to fully explain why Okahu Bay was closed, viewers could have been left with an ill-informed, negative view of Ngāti Whātua. However comment was included in later TVNZ broadcasts the same day which mitigated any potential unfairness. Nothing in the item encouraged the denigration of, or discrimination against, Ngāti Whātua and/or Māori....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....

The Authority did not uphold a complaint about an item on Nine to Noon with Kathryn Ryan that featured interviews with National Secretary of the New Zealand Professional Firefighters Union, Wattie Watson, and previous board member of the United Fire Brigades' Association (UFBA), Judith Stanley, about the handling of complaints by UFBA, and an investigation into its chief executive, Bill Butzbach, citing allegations made against him, and the board’s chair, Richie Smith. The complaint was that the item breached the balance, accuracy, privacy and fairness standards on the basis it gave undue prominence to the ‘ill-informed’ views of those with a vested interest in discrediting the UFBA, and did not present the views of the UFBA and facts provided by it until the very end. The Authority found the item achieved balance and fairness by giving the UFBA a reasonable opportunity to respond, and including its statement....