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Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....

Summary[This summary does not form part of the decision. ]In an item on Story, an actor approached four different real estate agencies (Ray White, LJ Hooker, Barfoot & Thompson and Harcourts) and asked agents to sell him properties for investment prior to auction and at a lower price, which it was alleged would be in breach of the industry code. The Authority did not uphold a complaint that one of the Story presenters had a conflict of interest because of her family connections to Barfoot & Thompson, which resulted in a breach of standards. The Authority is not in a position to determine whether such a conflict existed, but in any case, the alleged conflict did not manifest as a breach of the broadcasting standards nominated....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Noise Control and promo – followed noise control officers in Auckland – NCO called to a party – complainant shown in the background and speaking directly to the camera – allegedly in breach of privacy, fairness, accuracy and responsible programming standards Findings Standard 6 (fairness) – guideline 6c – complainant properly informed of the nature of his participation – item did not contain any unfair statements – complainant treated fairly – not upheld Standard 3 (privacy) – complainant identifiable but no private facts disclosed in the broadcast – complainant did not have an interest in solitude or seclusion – not upheld Standard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

ComplaintFair Go – rare breeds of sheep put in care as owner had cancer – organiser of care took two flocks herself – owner sought to recover sheep – care organiser believed she owned sheep – no contract – inaccurate – unclear – unbalanced – editing which distorted FindingsStandard G4 – inadequate opportunity to respond – uphold Standards G1, G3, G6, G7, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary David Tuart, an owner of some rare sheep species, required treatment for cancer. Dr Beverley Trowbridge, a fellow breeder of rare sheep species, arranged for his flocks to be distributed among other farmers. After Mr Tuart had been treated, Dr Trowbridge refused to return some of the sheep as she believed that she had been given ownership of them....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Piha Rescue – episodes showed rescues involving unidentified surf schools at Piha – showed confrontation between an unidentifiable surfing instructor and lifeguards when lifeguards attempted to rescue students and instructor resisted – allegedly in breach of fairness and accuracy standards FindingsStandard 6 (fairness) – no surf school was named in 12 March episode and the narrator referred to surf schools in a general way only – Piha surf schools not treated unfairly – the Piha community and surf coaching industry are not “organisations” for the purposes of the fairness standard – 12 March episode not unfair – 19 March episode captured events accurately and fairly and footage not unfairly edited – viewers were left to make up their own minds about the incident – Mr Wallis was not identifiable – Mr Wallis’ perspective was clear from his comments that were included in the…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Complaint3 News item about release from prison of paedophile to mother’s home – man identified – media waiting outside mother’s home – elderly woman shown attacking 3 News crew – unfair to woman as item did not explain events leading up to the attack – woman not allowed to express her view – TV3 did not display sensitivity in distressing situation FindingsStandard 6 and Guidelines 6a, 6b, 6d, 6e, 6f – elderly woman not treated unfairly – no uphold This headnote does not form part of the decision. Summary [1] The release from prison of a paedophile to his mother’s home in Palmerston North was the subject of wide media coverage. The coverage on 3 News included some visuals of an elderly woman attacking a TV3 reporter and cameraman....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989APNA 990 – Pakistan Flood Appeal Talkathon – caller allegedly referred to the complainant and his wife – allegedly in breach of privacy, accuracy and fairnessFindingsStandard 3 (privacy), Standard 5 (accuracy) and Standard 6 (fairness) – recording of broadcast in Hindi and translation incomplete – decline to determine under section 11(b) of the Broadcasting Act 1989This headnote does not form part of the decision. Broadcast[1] At approximately 7. 30pm on APNA 990 on 26 August 2010, the radio host spoke to a caller during a Pakistan Flood Appeal Talkathon. The caller commented to the effect that his neighbours had “run away”. Complaint[2] Moh Lateef made a formal complaint to APNA Networks Ltd, the broadcaster, alleging that the caller was referring to him and his wife, as they lived on the same street as the caller....

Download a PDF of Decision No. 1992-046–051:Whyte and 5 Others and Television New Zealand Ltd - 1992-046–051 PDF1. 94 MB...

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – item about security camera outside apartment in Auckland – owners concerned that camera would capture images inside their home – item said the Police had assured them that camera was broken, and once fixed any images would be pixellated – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – item did not discuss issue of controversial public importance – not upheld Standard 5 (accuracy) – one statement misleading – upheld Standard 6 (fairness) – item dealt justly and fairly with the Police – not upheldNo Order This headnote does not form part of the decision. Broadcast [1] On TV3 at 6pm on 30 November 2005, an item was broadcast on 3 News about a security camera positioned outside the apartment of an Auckland couple....

Summary Some dissatisfaction expressed by three purchasers of cars from Saevue Motors in New Plymouth was considered in an item broadcast on Holmes, between 7. 00–7. 30pm on 11 December 1997. The possibility of odometer tampering was raised. Mr Rawlings complained to Television New Zealand Limited, the broadcaster, that the item was unbalanced and unfair. He noted that there had been no effort to gauge the extent of the problem among the company's total customer base, and he claimed that the company was portrayed as a "monster". On the basis that the information contained in the item justified the investigation, TVNZ reported that it had tried unsuccessfully to persuade the company to participate in the programme. It declined to uphold any aspect of the complaint. Dissatisfied with TVNZ’s decision, Mr Rawlings referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – conducted a hidden camera trial of six taxi companies in Auckland – noted that driver of Green Cab had looked down at something six times during the journey – allegedly unbalanced, inaccurate and unfair FindingsStandard 6 (fairness) – broadcaster was entitled to edit footage – unclear what the driver was looking at – Target legitimately commented that he demonstrated lapses in concentration and took his eyes off the road – programme broadcast fair reflection of Green Cabs’ response – not unfair – not upheld Standard 5 (accuracy) – concerns better dealt with under fairness – subsumed into consideration of Standard 6 Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Target, broadcast at 7....

Summary[This summary does not form part of the decision. ]Two complaints regarding an episode of Shortland Street were not upheld. In the episode a new character appointed CEO of the Shortland Street hospital commented, ‘Puffed up, privileged Pakeha men drunk on control, terrified of change… we are the future, Esther, not them,’ referring to the hospital’s management. Complaints were made that this statement was sexist, racist and offensive to white men. The Authority reviewed the programme and relevant contextual factors, including established expectations of Shortland Street as a long-running, fictional soap opera/drama, and concluded the character’s statement did not breach broadcasting standards. It found upholding the complaints in this context would unreasonably limit the right to freedom of expression. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Balance, Accuracy, Fairness The broadcast[1] A Shortland Street episode featured a new CEO, Te Rongopai, starting at Shortland Street hospital....

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

SummaryLindsay Perigo in "The Politically Incorrect Show" broadcast on Radio Pacific on 10 May 1998 between 10. 00–10. 20am stated that he was shocked to have been told that a named lecturer at the University of Auckland had forbidden her graduate economics class to invite Sir Roger Douglas or anyone from the Business Roundtable to speak to the class. The University of Auckland, through the Office of the Vice Chancellor, complained to Radio Pacific Ltd, the broadcaster, that the remarks breached the good taste standard, were inaccurate, unfair and taken out of context. Radio Pacific responded first by noting that the show was unashamedly subjective, and promoted libertarian ideas....

ComplaintOne News – Olympic competitors banned for drug use – athlete Marion Jones suspected – unfair – inaccurate FindingsStandard G1 – not applicable Standard G4 – report on speculation not unfair – no uphold Standard G5 – speculation not illegal – no uphold Standards G14, G19 and G21 – not applicable This headnote does not form part of the decision. Summary Under the heading "Drug Cheats", a promo for Holmes broadcast on TV One on 28 September 2000 questioned whether athlete Marion Jones and swimmer Inge de Bruijn had taken performance-enhancing drugs before the Olympic Games in Sydney. John O’Neill complained to Television New Zealand Ltd, the broadcaster, that the allegations required an explanation. He said he had not heard anything to link athlete Marion Jones to drugs, and he wondered where TVNZ had got its information, and whether the allegation was justified....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

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....