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Decisions
New Zealand Maritime Safety Authority and TV3 Network Services Ltd - 2004-116
2004-116

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – “Troubled Waters” – boating accident involving fishing expert Wayne Wills aka “Bill Hohepa” – allegedly unbalanced, inaccurate and unfair as item suggested that Maritime Safety Authority had relentlessly and unjustifiably pursued, and continued to pursue, Mr WillsFindings Standard 4 (balance) – reasonable efforts made to present significant points of view – not upheld Standard 5 (accuracy) – item contained one inaccuracy – upheld Standard 6 (fairness) – Mr Wills’ view was not unfair to the MSA – not upheld No OrderThis headnote does not form part of the decision. Broadcast [1] The consequences of a boating incident in 1996 involving the fishing expert Wayne Wills, better known and referred to in the programme as “Bill Hohepa”, in which one person drowned, was dealt with in an item broadcast on TV3 in 60 Minutes on 8 December 2003....

Decisions
Kirk and Television New Zealand Ltd - 2003-167
2003-167

ComplaintSunday – investigation of Dr Richard Gorringe who had been found guilty of professional misconduct and disgraceful conduct through use of alternative medicines – biased – unfair – misleading FindingsStandard 4 – reasonable opportunities given – not unbalanced – no uphold Standard 6 – Dr Gorringe dealt with fairly as ample opportunity given to present views – no uphold This headnote does not form part of the decision. Summary [1] The use by Dr Richard Gorringe of alternative medicine, alongside conventional medicine, was investigated in an item broadcast on Sunday at 7. 30pm on TV One on 2 September 2003. Dr Gorringe had been found guilty by the Medical Practitioners Disciplinary Tribunal on two charges of professional misconduct and one of disgraceful conduct. [2] Margaret Kirk complained to Television New Zealand Ltd, the broadcaster, that the item was biased and unfair, and trivialised the work of Dr Gorringe....

Decisions
Cordes and RadioWorks Ltd - 2010-173
2010-173

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989George FM – ran a competition to win $2,500 worth of travel – complainant qualified for entry into the competition but was not included in the final prize draw – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – complainant did not take part and was not referred to on the day of the prize draw so Standard 6 does not apply – unfortunate that a mistake was made but the broadcaster handled the situation appropriately – not upheld Standard 5 (accuracy) – not a news, current affairs or factual programme – not upheld This headnote does not form part of the decision. Broadcasts [1] Between 4 and 8 October 2010, George FM ran a competition with a chance to win $2,500 worth of travel....

Decisions
Martin and CanWest TVWorks Ltd - 2005-091
2005-091

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Prince Philip’s birthday – host noted that the Prince had criticised a number of ethnic and social groups over the years – host mentioned the right to freedom of expression – showed a picture of Prince Philip defaced with a moustache and horns, with a speech bubble saying “I’m a dork” – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – innocuous prank – raised no issue of good taste and decency – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 6 (fairness) – not unfair to Prince Philip – not upheldThis headnote does not form part of the decision....

Decisions
Robertson and Television New Zealand Ltd - 2011-162
2011-162

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – reported on case of Sean Davison who faced charges for assisting his mother’s suicide – Mr Davison was shown in court and the complainant in his capacity as a Corrections Officer was briefly visible as he walked behind Mr Davison in the dock – allegedly in breach of privacy, fairness and discrimination and denigration standards FindingsStandard 3 (privacy) – complainant was identifiable – item did not disclose any private facts about the complainant – not upheld Standard 6 (fairness) – footage of complainant was extremely brief – information disclosed did not create an unfair impression of the complainant or cause damage to his reputation or dignity – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – nothing in the item encouraged discrimination or denigration against any section of the community – not upheld This headnote…...

Decisions
Department of Social Welfare and Television New Zealand Ltd - 1993-061
1993-061

Download a PDF of Decision No. 1993-061:Department of Social Welfare and Television New Zealand Ltd - 1993-061 PDF521. 05 KB...

Decisions
Real Nappies Ltd and Television New Zealand Ltd - 2020-148 (31 March 2021)
2020-148

The Authority has not upheld a complaint that an item on Fair Go dealing with the ‘flushability’ of nappy liners breached the accuracy, fairness, privacy and balance standards. The Authority found the programme was not inaccurate or misleading in suggesting the liners were not ‘flushable’. It found the complainant was not treated unfairly as a result of the broadcast of a recorded ‘cold call’ and the complainant’s views were fairly reflected in the programme. It also found there was no breach of privacy standards and the balance standard did not apply as the programme did not deal with a controversial issue of public importance. Not Upheld: Accuracy, Fairness, Privacy, Balance...

Decisions
Wang and TVWorks Ltd - 2011-133
2011-133

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...

Decisions
McKay and TVWorks Ltd - 2012-125
2012-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Decisions
Rameka and Māori Television Service - 2017-070 (20 September 2017)
2017-070

Summary[This summary does not form part of the decision. ]A campaign clip for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast on 10 September 2017 on Māori Television. The clip featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s flora, fauna and waterways, accompanied by footage of animal carcasses and 1080 baits in water. The Authority did not uphold a complaint that the election programme was misleading and breached the Election Programmes Code and the Free-To-Air Television Code. The Authority found that the election programme did not contain statements of fact that were misleading, inaccurate, or indistinguishable from opinion. The claims made within the context of the broadcast were statements of political advocacy and opinion, made for the purpose of encouraging voters to vote for the Ban 1080 Party....

Decisions
Friends of the Earth (NZ) and Radio New Zealand Ltd - 2018-081 (28 January 2019)
2018-081

Summary[This summary does not form part of the decision. ]A complaint from environmental group Friends of the Earth (NZ) about an interview between Saturday Morning host Kim Hill and former Chief Science Advisor Sir Peter Gluckman was not upheld. Ms Hill interviewed Sir Peter about his time as Chief Science Advisor and a wide range of issues, including how societies respond to scientific research, the role of science in government, activism within the scientific community and the criminal justice system. During the interview, Sir Peter made comments about the safety and history of genetic modification. The Authority did not uphold a complaint that the comments were inaccurate or that the interview was unbalanced or unfair. The Authority found Sir Peter’s comments were not statements of fact, noting they were clearly established as being from Sir Peter’s perspective throughout the interview....

Decisions
Marra and MediaWorks Radio Ltd - 2019-023 (18 July 2019)
2019-023

The Authority has not upheld a complaint that ACT leader David Seymour MP was bullied and treated unfairly on Magic Afternoons with Sean Plunket. Mr Seymour called the show to present his perspective on comments made by Mr Plunket moments earlier about Mr Seymour’s motivation for sponsoring the End of Life Choice Bill. The Authority found that, while Mr Plunket’s interviewing style was robust and challenging, Mr Seymour was not treated unfairly given the nature of the programme, the fact that Mr Seymour initiated the conversation and expressed his views, and Mr Seymour’s position and his experience with the media. The Authority also found that the broadcast did not breach the balance standard as it did not amount to a discussion of a controversial issue of public importance, which is required for the balance standard to apply....

Decisions
Butler and Māori Television Service - 2014-091
2014-091

Summary [This summary does not form part of the decision. ]Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact he had on race relations in New Zealand. The Authority declined to uphold a complaint that the item was biased, inaccurate and unfair. It was not necessary to present alternative views on Mr Titford's conviction, the item was materially accurate and subject to editorial discretion, and no one was denigrated or treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact that he had on race relations in New Zealand....

Decisions
Inland Revenue Department and Television New Zealand Ltd - 1999-164–167
1999-164–167

SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....

Decisions
de Hart, Cameron and Cotter and TV3 Network Services Ltd - 2000-108–113
2000-108–113

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Decisions
Turney and Television New Zealand Ltd - 1996-154
1996-154

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-154 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN TURNEY of Kumeu Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Criminal Bar Association of New Zealand Inc and TV3 Network Services Ltd - 1997-128, 1997-129
1997-128–129

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-128 Decision No: 1997-129 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CRIMINAL BAR ASSOCIATION of NEW ZEALAND INC Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod...

Decisions
Lowe and Television New Zealand Ltd - 1996-033
1996-033

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-033 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Ministry of Social Development and Radio New Zealand Ltd - 2017-097 (9 March 2018)
2017-097

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in determination of this complaint. Summary [This summary does not form part of the decision. ] An item on Morning Report featured an interview with a Social Policy Advisor at the Citizens Advice Bureau (CAB), who discussed CAB’s experience assisting the public with income support applications to Work & Income New Zealand (WINZ). The Authority did not uphold a complaint from the Ministry of Social Development (MSD) that this interview was unbalanced, unfair and inaccurate. The Authority found that because of the nature of the item – which comprised a brief interview with one individual, who approached a widely reported issue from a clearly identified perspective – audiences would not have expected to hear MSD’s response to the comments made....

Decisions
Barnett and Television New Zealand Ltd - 2018-055 (10 October 2018)
2018-055

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a newsreader’s use of the term ‘rogue state’ in the introduction to a news item, referring to North Korea. The item reported on the resumption of peace talks between the leaders of the United States and North Korea, and segued into an investigation about the effects of economic sanctions on the people of North Korea. The complaint was that using the term was biased and lacked balance, and the term was better suited to describe the United States. In its decision the Authority noted that the term complained about was used only once, fleetingly, in the newsreader’s introduction and would not have affected viewers’ understanding of the item as a whole....

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