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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 43/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HOUSING (Hon Murray McCully) Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item revisited a previous report that was critical of a real estate contract between Ms K and the National Property Centre – revisited a number of issues from the original item including the actions of the agent involved in drawing up the contract, some of the contract’s terms and conditions, another contract between related parties for renovation work and two caveats that had been placed on the property – item allegedly in breach of privacy, balance, accuracy and fairness standards Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not specify how the item was inaccurate – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about person who agreed to sell a rural home before the Manawatu floods – reported that after the floods the home was condemned and vendor and purchaser cancelled the contract – complainant trading as RE/MAX Associates continued to claim agency fee – item questioned morality of real estate company’s claim and reported that the fee was later remitted – allegedly unbalanced, unfair and inaccurateFindings Standard 6 (fairness) – unfair to complainant not to obtain his response – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – in the interest of fairness, disputed issues would have clarified if been put to complainant for comment – essence of complaint dealt with under fairness – not upheldOrder Broadcast of statementThis headnote does not form part of the decision.…...

Summary It was reported on One Network News on 18 November 1998 that a yacht which had been grounded in a bay in the Far North had been looted, and that the abandoned boat had been stripped of its electronic gear, solar power unit and rigging. Mr Jackson complained to Television New Zealand Ltd that the report was grossly exaggerated. He advised that the boat had not been abandoned, and had not been stripped by looters. He acknowledged that some small items had been stolen but noted that all but one of those items had been recovered by the police and returned to the owner. Mr Jackson contended that the report had done the Far North community considerable harm and its errors warranted an apology....

Complaint Radio Pacific – talkback host Mark Bennett – critical of appointment of gay or lesbian police liaison officer – comments said to encourage denigration – inaccurate – unfairFindings Principle 7 and Guideline 7a – odious comment – obsolete stereotypes – comparators used displayed illegal behaviour – high threshold for breach not attainedPrinciple 5 and Guideline 5c – not applicable – not upheldPrinciple 6 and Guideline 6c – not applicable – not upheld This headnote does not form part of the decision Summary[1] The appointment of a gay and lesbian police liaison officer in Hamilton was the subject of critical comment by the host (Mark Bennett) in a broadcast on Radio Pacific talkback. The comments were broadcast at about 3. 15pm on Wednesday 15 October 2003....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – carried out testing on imported and locally produced olive oil – stated that sensory panel was “IOC accredited” and its supervisor was “the only person qualified by the IOC… to convene a sensory panel” – reported that all European imports failed sensory test and two failed chemical test – allegedly in breach of accuracy and fairness standardsFindingsStandard 5 (accuracy) – references to IOC accreditation were inaccurate and gave greater status to the testing than was justified – broadcaster was put on notice that the testing was not “IOC accredited” but nevertheless made statements of fact to that effect – upheld Standard 6 (fairness) – notwithstanding finding one aspect of the programme was inaccurate, complainant was given a fair and reasonable opportunity to respond and mitigate any resulting unfairness, and its response was adequately presented – not upheld No Order This headnote does…...

Summary [This summary does not form part of the decision. ]A special investigation on Native Affairs reported the concerns of some members of Kōhanga Reo about the governance and management of Te Kōhanga Reo National Trust. The report focused on allegations that the trust board had too much power and not enough accountability, and its alleged mismanagement of public funds. The Authority did not uphold the complaint from the trust board that the story was inaccurate, unfair and unbalanced. The story had very high public interest and was a legitimate investigation of the financial activities of the trust and its subsidiary, Te Pātaka Ōhanga. The story was largely framed as being from the perspective of the interviewees, and the trust was given a fair and reasonable opportunity to respond to the claims made....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Not Going Out – scene showed character dancing with baby – held baby at arm’s length and moved him from side to side – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, children’s interests, and violence FindingsStandard 1 (good taste and decency) – character did not shake baby – contextual factors – not upheld Standard 10 (violence) – no actual violence – standard not applicable – not upheld Standard 9 (children’s interests) – classified AO and screened at 11pm outside of children’s viewing times – standard not applicable – not upheld Standard 6 (fairness) – characters fictional – standard not applicable – not upheld Standard 7 (discrimination and denigration) – complainant did not specify who he considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News At 4. 30– item on two New Zealanders who assisted with oil spill clean-up in the Gulf of Mexico – stated that the pair thought that New Zealand maritime authorities would be well equipped to deal with a spill of the same scale on New Zealand shores – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – not a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – news reporter’s comment clearly conveyed technicians’ opinion – item not inaccurate or misleading – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News At 4. 30, broadcast on TV One at 4....

Summary [This summary does not form part of the decision. ]A Newstalk ZB news bulletin reported on the Pope meeting with victims of clerical sexual abuse. The Authority did not uphold the complaint that the number of victims cited was inaccurate. The broadcaster made reasonable efforts to ensure the item’s accuracy by obtaining the figure from a United Nations report. Not Upheld: Accuracy, FairnessIntroduction[1] A Newstalk ZB news bulletin reported on the Pope meeting with victims of clerical sexual abuse. The newsreader said the meeting was ‘a gesture aimed at expressing [the Pope’s] closeness to the tens of thousands of people abused by priests around the world’. The report was broadcast on Newstalk ZB on 5 July 2014....

Summary [This summary does not form part of the decision. ]Native Affairs reported on 'jailed Northland farmer, Allan Titford, and his fight with Te Roroa', and his supporters. The Authority did not uphold Kerry Bolton's complaint that the action taken by Māori TV, having upheld his complaint that it was inaccurate to accuse him of being a 'Titford supporter', was insufficient. This was a matter of interpretation and opinion that could not be conclusively assessed as accurate or inaccurate. The Authority also declined to uphold an additional complaint that the report was misleading and unfair. The report was based on the opinions of the interviewees and was legitimately presented from a Māori perspective. It was not necessary to present alternative views on Mr Titford's guilt or innocence, and no participant was treated unfairly....

*Te Raumawhitu Kupenga 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. ] A segment of Mediawatch canvassed TVNZ’s (as well as several other media outlets’) coverage of the latest Intergovernmental Panel on Climate Change report, in particular Breakfast’s interview with Bryan Leyland, an engineer who speaks and writes publicly on his scepticism about global warming. The Authority did not uphold a complaint from Mr Leyland that the broadcast discussed his interview in a ‘biased and derogatory’ way and amounted to a personal attack. In the context of a programme comprising robust media commentary and critique, the references to Mr Leyland were not unfair and related to his professional capacity rather than criticising him personally....

The Authority has not upheld a complaint that an interview between host Kim Hill and John Tamihere, Chief Executive of Te Whānau o Waipareira Trust and the Whānau Ora Commissioning Agency, on Radio New Zealand’s Morning Report breached broadcasting standards. It found the interview did not threaten current norms of good taste and decency, noting that the robust nature of the interview was in line with audience expectations of RNZ and Hill. It also found the balance standard was not breached on the basis that Tamihere was given sufficient time to express his views and, given other media coverage, viewers could reasonably be expected to be aware of other perspectives regarding how to best increase Māori vaccination rates. It further found that Tamihere was not treated unfairly during the interview. Not Upheld: Good Taste and Decency, Balance and Fairness...

Summary[This summary does not form part of the decision. ]A complaint about a Newshub item in which the presenter commented, ‘And I thought the only reason we watch Aussie Rules [AFL] was for the short shorts’, has not been upheld by the Authority. The Authority found that the comment, while inappropriate, did not reach the threshold to be considered a serious violation of community norms of good taste and decency. The Authority acknowledged the importance of contextual factors in considering whether the standards have been breached, including the nature of Newshub as an unclassified news programme and audience expectations of the broadcast. The Authority recognised that the statement was not made with malice or nastiness and found the comment did not breach the discrimination and denigration, balance or fairness standards....

Summary[This summary does not form part of the decision. ]A complaint regarding two broadcasts, relating to threats to public officials over the Government’s use of 1080 (including footage of an anti-1080 protest featuring the complainant), was not upheld. The Authority found the use of the footage, in segments on Newshub and The AM Show, did not result in any unfairness to the complainant. The Authority considered these broadcasts did not link the complainant, or the majority of anti-1080 protestors, to the threats, as both broadcasts stated that the threatening behaviour was from the fringes of the movement. The Authority determined that the audience was therefore unlikely to be misled or misinformed. The Authority also found a comment made by host Duncan Garner during The AM Show segment, implying Willie Apiata should be sent to harm the people who made the threats, did not breach broadcasting standards....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on United Nations General Assembly meeting in New York – news correspondent reported that the New Zealand delegation had walked out of the meeting during a speech given by Iranian President Mahmoud Ahmadinejad – correspondent made remarks about the contents of Mr Ahmadinejad’s speech – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – correspondent’s comments about the reasons for the walkout accurately reflected the situation – correspondent’s “mindless hate” comment was clearly opinion – viewers not misled – not upheld Standard 6 (fairness) – Mr Ahmadinejad is a controversial political figure – robust criticism should be expected – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about the experience of a man who purchased the “Hire A Hubby” franchise for the suburb of Greenlane in Auckland – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – not inaccurate or misleading – Target mentioned that there had been a settlement – the settlement was not the focus of the item – not upheld Standard 6 (fairness) – fairness arguments relied on the programme being misleading – FBL was treated fairly and given a fair opportunity to comment – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, broadcast on TV3 at 7. 30pm on 29 April 2008, covered the story of Colin Hinds and his experience as a Hire A Hubby franchisee....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-115 Decision No: 1996-116 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEVE CONWAY of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryLight-hearted skits displaying some of the dangers for naïve first time house buyers were broadcast as items on Fair Go between 7. 30–8. 00pm on 14 and 21 October 1998. The Real Estate Institute of New Zealand Inc. complained to Television New Zealand Ltd, the broadcaster, that each item was a satire in which the script questioned the integrity of real estate agents, and presented them as unscrupulous. It sought an apology. Maintaining that the items contained scenarios which illustrated the pitfalls faced by home buyers if they failed to make proper checks, TVNZ said that they were designed to inform and not to ridicule. They provided basic educational material and, it said, did not imply that agents would deliberately mislead. TVNZ did not uphold the complaint. Dissatisfied with TVNZ’s decision, the Institute referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....