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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-138 Decision No: 1997-139 Dated the 13th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by Mrs B of Napier Broadcaster H B MEDIA GROUP LTD of Hastings S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintRadio Pacific talkback – John Banks – misleading comments about Tranz Rail – unfair treatment of complainant – misrepresentation of complainant’s position on-airFindings(1) Principle 5 – complainant insulted and misrepresented – uphold (2) Principle 6 – Tranz Rail not an American company – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary Talkback host John Banks broadcast comments about Tranz Rail and its safety record on Radio Pacific during the morning of 6 April 2000. Then, during the 7 April 2000 morning show, Mr Banks broadcast comments about the complainant, who had written to Radio Pacific about the previous day’s broadcast. Tranz Rail’s Corporate Relations Manager, F C Cockram complained to The RadioWorks Ltd, the broadcaster, that the 6 April broadcast contained inaccuracies which related to Tranz Rail’s ownership and matters surrounding the death of a Tranz Rail employee....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about armed robbery at a Burger King restaurant – interviewed one of the hostages – image was blurred – allegedly unfair and in breach of privacy Findings Standard 3 (privacy) – hostage not identifiable in the broadcast – no private facts disclosed – not upheld Standard 6 (fairness) – hostage consented to the interview – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 27 January 2009, reported on an armed robbery at a Burger King restaurant in Auckland in which five staff had been held hostage. The reporter stated that "a female hostage told 3 News she kept reliving the moments she thought would be her last, and she still can’t bear to be identified"....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-094 Decision No: 1996-095 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALLIED MUTUAL INSURANCE LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-123 Decision No: 1996-124 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DUPONT (NEW ZEALAND) LTD Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

SummaryThe action of the police in Christchurch in shooting and wounding a person with a shotgun was covered in an item on 3 News at 6. 00pm, and again on Nightline at 10. 30pm, on 27 August 1998. During the item, a reporter attempted to interview a flatmate of the gunman. However, the reporter said, the flatmate indicated that he had been paid to talk exclusively to another news organisation. When the flatmate was heard to tell the reporter that he had received "a few thousand dollars" to talk only to the other news organisation, a shot of a vehicle marked "One Network News" was shown. Television New Zealand Ltd, which produces One Network News, complained to TV3 Network Services Ltd, the makers of 3 News and Nightline, that the items were inaccurate and unfair. Further, it complained that although TV3 news had been advised by 9....

SummaryThe involvement of the Prime Minister’s staff with Timberlands was the subject of news items on One Network News broadcast on 17, 18 and 19 August 1999 beginning at 6. 00pm, an item on Breakfast on 18 August beginning at 7. 00am, and an item on Holmes on 18 August beginning at 7. 00pm. It was reported that although Mrs Shipley had denied such involvement with the company after she became Prime Minister, papers released that day indicated otherwise. Hon David Carter, Associate Minister of Food, Fibre, Biosecurity and Border Control complained to Television New Zealand Ltd, the broadcaster, that the 18 August report was inaccurate, unfair and unbalanced. He pointed out first that Mrs Shipley had not denied that her staff had been involved with Timberlands since she had become Prime Minister....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-079 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JENNY HALE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed fashion designers Trelise Cooper and Tamsin Cooper, who were involved in a High Court case about their branding – reported that Tamsin Cooper's silk velvet coats, labelled as 100% silk, had been tested and the fabric was “not 100% silk, but mostly viscose” – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Tamsin Cooper – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on 3 December 2007 at 7. 30pm on TV One, discussed a High Court action involving fashion designers Trelise Cooper and Tamsin Cooper....