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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
Thomas and Television New Zealand Ltd - 2013-047
2013-047

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A and Marae Investigates – items discussed domestic violence – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, responsible programming, and children’s interestsFindingsStandard 4 (controversial issues) – items discussed controversial issue of public importance – items clearly framed as focusing on men’s violence against women – did not discuss gender of perpetrators and victims of domestic violence so not required to present alternative viewpoints on that issue – not necessary to expressly acknowledge that men could be the victims of domestic violence – not upheld Standard 7 (discrimination and denigration) – no implication that men are the only perpetrators of domestic violence – item did not encourage discrimination against, or the denigration of, men as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Haines and NZME Radio Ltd - 2017-039 (17 July 2017)
2017-039

Summary[This summary does not form part of the decision. ]During a talkback segment on the Leighton Smith Show, the host discussed the recent legal personhood granted to the Whanganui River. The complainant, Mr Haines, phoned in to the programme to discuss the issue. After a two-and-a-half minute conversation, Mr Smith responded that it was ‘stupidity to give [the Whanganui River] equal status as a person. Now get off the phone,’ and made comments about Mr Haines self-identifying as Māori. The Authority did not uphold a complaint that Mr Smith’s statements were derogatory and insulting to Mr Haines and to Māori people. While the Authority acknowledged that Mr Smith’s comments could be seen as dismissive and disrespectful, in the context of the robust talkback radio environment, they did not reach the level necessary to constitute unfair treatment or to encourage discrimination or denigration....

Decisions
Knight and Television New Zealand Ltd - 2016-028 (22 August 2016)
2016-028

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of the dairy industry in the Waikato region. The Authority did not uphold a complaint that the item was an unbalanced and inaccurate depiction of dairy farming, and breached a number of other broadcasting standards. The Authority found the item was sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. The item was not inaccurate or misleading in the ways alleged by the complainant; rather, it focused on instances of bad practice within the dairy industry and did not suggest these were commonplace. Furthermore, the item did not breach the privacy of a local farming family, as they were not identifiable or otherwise referred to in the footage....

Decisions
Frewen and Television New Zealand Ltd - 2020-146B (9 March 2021)
2020-146B

The Authority has not upheld a complaint about an interview on Q+A, broadcast on TVNZ 1, with the Rt Hon Winston Peters, which included questions about the Government’s COVID-19 response, leaking of information regarding the ‘Green School’ funding, New Zealand First Party funding, the Serious Fraud Office investigation into the New Zealand First Foundation and a tax-payer funded trip of Mr Peters’ two friends to Antarctica. The complainant argued the interview breached the fairness standard because the broadcaster did not give Mr Peters notice of his proposed contribution regarding the various topics raised. The Authority found the wide-ranging and robust questioning was within the scope of what could be expected for a high profile and senior political figure like Mr Peters on matters of significant public interest in the lead up to a general election. Not Upheld: Fairness...

Decisions
Morrison & New Homes Direct Ltd and Television New Zealand Ltd - 2021-150 (31 August 2022)
2021-150

The Authority has upheld a complaint that an item on Fair Go that dealt with various issues arising from a house being built breached the accuracy and fairness standards. The Authority found the programme was inaccurate and misleading in its portrayal of the issues involved in building the house. It found the complainants were portrayed unfairly and their views were not fairly reflected in the programme. It also found there was no breach of the privacy standard, and the balance standard did not apply as the programme did not deal with a controversial issue of public importance.   Upheld: Accuracy, Fairness Not Upheld: Privacy, Balance Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs and $98. 70 disbursements, Section 16(4) $1000 costs to the Crown...

Decisions
New Zealand Police (Otago District) and TV3 Network Services Ltd - 1997-160
1997-160

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-160 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NEW ZEALAND POLICE (Otago District) Broadcaster TV3 NETWORK SERVICES LTD S R Maling Chairperson L M Loates R McLeod...

Decisions
Bath and TV3 Network Services Ltd - 1997-023
1997-023

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-023 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOUG BATH of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Canterbury Health Ltd and Television New Zealand Ltd - 1998-104
1998-104

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-104 Dated the 10th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CANTERBURY HEALTH LIMITED of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Jonson and CanWest RadioWorks Ltd - 2005-099
2005-099

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

Decisions
Ministry for Social Development and Television New Zealand Ltd - 2006-076
2006-076

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about the 211 Helpline – said Opposition MPs were questioning whether service was too expensive and duplicated the service run by the Citizens Advice Bureau – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue discussed – item did not need to include details about what the 211 service might cost if rolled out nationally – majority considers item should have explained that 211 service was operating more extensive hours than the CAB – majority uphold Standard 5 (accuracy) – subsumed under Standard 4 Standard 6 (fairness) – subsumed under Standard 4No OrderThis headnote does not form part of the decision. Broadcast [1] On TV One at 6pm on 23 May 2006, an item on One News discussed the 211 Helpline, a community helpline run by the Ministry of Social Development (MSD)....

Decisions
Young and CanWest TVWorks Ltd - 2007-058
2007-058

Complaint under section 8(1)(a) of the Broadcasting Act 1989Meaty – footage of Akon’s concert in Trinidad – Akon filmed simulating sexual intercourse on stage with a 14-year-old girl – allegedly in breach of law and order, accuracy, fairness, children’s interests and violence standards Findings Standard 2 (law and order) – item did not promote, condone or glamorise criminal activity – not upheld Standard 5 (accuracy) – accuracy standard did not apply – not upheld Standard 6 (fairness) – no specific individual identified by the complainant – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – item lacked an appropriate warning – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Meaty, broadcast on C4 at 8....

Decisions
Williams and Television New Zealand Ltd - 2009-057
2009-057

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....

Decisions
Anderson, the Auckland Jewish Council and Leverton and Television New Zealand Ltd - 2003-028, 2003-029, 2003-030
2003-028–030

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....

Decisions
Department of Conservation and Radio Pacific Ltd - 2000-002
2000-002

Summary The Department of Conservation’s (DOC) management programme which involved the shooting of thar (mountain goats), was addressed during the John Banks Breakfast Show, broadcast on Radio Pacific between 6. 00–9. 00am on 10 August 1999. The host of the programme expressed his strong displeasure at DOC’s actions. He referred to DOC staff using phrases such as "filthy low life", and "filthy perverts", and expressed a wish that their helicopter would suffer a power failure. The Department of Conservation complained to Radio Pacific Ltd that the language used in the broadcast failed to maintain standards of decency and good taste, and that the host did not refer to the thar management process which it had developed. Declining to uphold the complaint, Radio Pacific argued that the strong language used was appropriate on a station which valued the power of free speech....

Decisions
Meiklejohn and Television New Zealand Ltd - 2000-066
2000-066

Complaint60 Minutes – interview with swimmer Trent Bray – allegations of steroid use – unfair to interviewee – bad taste FindingsStandard G2 – no uphold Standard G4 – swimmer given opportunity to tell his side of the story – not treated unfairly – no uphold This headnote does not form part of the decision. Summary Swimmer Trent Bray, who had tested positive to a performance-enhancing drug, was interviewed on 60 Minutes broadcast on TV One on 26 March 2000 beginning at 7. 30pm. In an emotional sequence, he denied the allegation. J B Meiklejohn complained to Television New Zealand Ltd, the broadcaster, that it was inexcusable and unjustifiably insensitive to broadcast footage of the swimmer "incoherent in grief". In its response, TVNZ advised that the swimmer had not been coerced into participating in the interview, and had been aware of the scope of questions to be asked....

Decisions
Morrison and Radio New Zealand Ltd - 2011-164
2011-164

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Afternoons with Jim Mora – discussed New Zealand First’s decision to drop a candidate for drinking his own urine – panellist commented that Don Brash and John Banks “drink each other’s urine” – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, and responsible programming Findings Standard 1 (good taste and decency) – comment puerile, but not so offensive as to breach Standard 1 – would not have offended or distressed most listeners – contextual factors – not upheld Standard 6 (fairness) – comment did not carry any invective – was not unfair to Don Brash or John Banks – not upheld This headnote does not form part of the decision....

Decisions
Bird and Television New Zealand Ltd - 2012-111
2012-111

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

Decisions
Centrepoint Community Growth Trust and TV3 Network Services Ltd - ID1992-003
ID1992-003

Download a PDF of Interlocutory Decision No. ID1992-003:Centrepoint Community Growth Trust and TV3 Network Services Ltd - ID1992-003 PDF558. 63 KB...

Decisions
Dewar and Television New Zealand Ltd - 1991-029
1991-029

Download a PDF of Decision No. 1991-029:Dewar and Television New Zealand Ltd - 1991-029 PDF476. 89 KB...

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