Search Rapua

Summary District Court Judge Martin Beattie was acquitted on 1 August 1997 on a number of dishonesty charges after a jury trial. It was a high-profile case. On 27 July 1998, a news item revealed the contents of a High Court ruling made before the trial in which the judge had ruled inadmissible a report prepared by a QC at the request of the Chief District Court Judge in the early stages of the investigation. The item reported that the judgment disclosed the QC’s opinion that Judge Beattie was guilty of fraud. Mr Clayton complained to Television New Zealand Ltd, the broadcaster, that the QC’s opinion about the judge’s behaviour was "utterly irrelevant", and the disclosure not only breached broadcasting standards, but also invaded Judge Beattie’s privacy....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-021 Decision No: 1996-022 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WINTON ALLEN of Lower Hutt and A G T WANE of Warkworth Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintFair Go – auction of house – sale fell through – house resold to unsuccessful bidder – unreasonable to charge two commissions – unfair – unbalanced Findings(1) Standard G4 – promo – unfair – uphold (2) Standard G4 – items explained issues fairly – no uphold – Standards G6, G7 G11(i) – subsumed No Order This headnote does not form part of the decision. Summary Fair Go, a consumer advocate programme, is broadcast weekly on TV One at 7. 30pm. In the episodes broadcast on 12 and 19 July 2000, it reported that the vendor of a house believed that he had been unfairly charged a second commission by real estate agents after a first sale had fallen through and a subsequent sale had been made. His belief was alluded to in a promo for Fair Go which was broadcast on a number of occasions....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 70/94 Dated the 22nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JARDINE INSURANCE BROKERS LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-046 Dated the 22nd day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P G CURRAN of Levin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-093 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P F NOBLE of Mount Maunganui Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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...

SummaryAn item on One Network News on 31 March 1998 reported the findings of the Nursing Council following its investigation into a midwife’s management of the delivery of a baby who subsequently died. The item reported six adverse findings which the council had allegedly made on the midwife’s care and treatment. Jean O’Neil, the midwife referred to, complained to Television New Zealand Limited, the broadcaster, that the report was inaccurate and unfair because it failed to acknowledge that some of the charges were not upheld, and it portrayed her as guilty of charges on which she had been exonerated. TVNZ responded that the report was wrong on two matters of fact. It upheld the complaint and offered an on-air apology on One Network News. TVNZ wrote that it deplored the sloppy and careless reporting, and the reporter had been made aware of his failings....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item broadcast secret recording of comments made by National Party deputy leader Bill English – allegedly unfair Findings Standard 6 (fairness) – broadcast of anonymously supplied tape inherently unfair – however, Mr English had opportunity to comment, John Key provided comment, and 3 News informed viewers of circumstances surrounding the tape – degree of public interest leading up to election – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 4 November 2008, reported that 3 News had been sent a secret recording of comments made by the deputy leader of the National Party, Bill English, at a cocktail party during National's August 2008 conference. The 3 News presenter said, The recording is clearly designed to derail John Key’s election campaign ....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting on march to Parliament opposing Civil Union Bill and other government policies, and reaction to the march from various parties – allegedly unbalanced, unfair, inaccurate and contrary to children’s interestsFindings Standard 4 (balance) – reasonable effort made to present significant viewpoints – not upheld Standard 5 (accuracy) – broadcast was impartial and objective – not misleading – not upheld Standard 6 (fairness) – no persons or organisations treated unfairly – not upheld Standard 9 (children’s interests) – child not humiliated or exploited – not upheldThis headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on TV3 at 6. 00pm on 23 August 2004 reported on the march to Parliament by those opposed to the Civil Union Bill, and the reaction to the march....

ComplaintThe Tribe – teen drama series – violence – unsuitable viewing material for children Findings Standards 4, 5 & 6 – not relevant – decline to determine Standard 1 – contextual matters – no uphold Standard 2 – no uphold Standard 9 – not unsuitable for teenage audience – no uphold Standard 10 – violence ritualistic and symbolic – no uphold This headnote does not form part of the decision Summary [1] An episode of The Tribe, a "futuristic teen drama" was broadcast on TV3 on Sunday 14 July 2002 at 9. 50am. [2] Francis Fielding complained to TV3 Network Services Ltd, the broadcaster, that the programme contained violence and was inappropriate viewing material for children. [3] When the broadcaster failed to respond to his formal complaint, Mr Fielding referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

ComplaintSecret New Zealand – death of Norman Kirk – various theories explored – a conspiracy theory advanced linked death to trial of Dr Bill Sutch for spying – inaccurate details of trial – unfair FindingsStandard 5 – speculation advanced – not fact – no uphold Standard 6 – Dr Sutch not dealt with unfairly in context – no uphold This headnote does not form part of the decision. Summary [1] Secret New Zealand presented three perspectives on the death in 1974 of former Prime Minister, Norman Kirk. The series examined events in New Zealand which were not adequately explained at the time . The episode complained about was broadcast on TV One at 8. 00pm on 2 September 2002. [2] Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and unfair....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and One News Tonight – reported on teachers’ industrial action – stated that the teachers’ union had rejected the Government’s offer of a 2 percent pay increase, and that teachers were fighting for a 4 percent increase on their base salaries – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant viewpoints and spoke to representatives of the teachers – not upheld Standard 5 (accuracy) – complainant has not provided evidence that the figures were inaccurate – not upheld Standard 6 (fairness) – complainant did not identify any individuals or organisations he believed had been treated unfairly – no unfairness – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – four items reporting special investigation into Ministry of Social Development’s “Community Max” projects questioned how millions of dollars had been spent – reporter visited sites of six projects – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view on the issue within the period of current interest – not upheld Standard 5 (accuracy) – very small number of minor points had the potential to be misleading – however in the context of four items which legitimately questioned government spending upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld Standard 6 (fairness) – MSD should expect that as a government Ministry it is subject to scrutiny…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overgrown – cannabis law reform-themed radio show advocated cannabis use – host referred to a phone call from a general practitioner and made comments about the views he allegedly expressed – allegedly in breach of standards relating to law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandard 6 (fairness) – complainant was not named and unlikely to be identified from the limited information broadcast – host’s comments did not reach the necessary threshold to be considered unfair to the complainant – complainant not treated unfairly – not upheld Standard 2 (law and order) – while the programme encouraged and promoted cannabis use this was in the spirit of protest and to promote law reform – value of speech important – not upheld Standard 4 (controversial issues) – Overgrown was not a “factual programme” to which the standard applied – show was opinion-based and…...

Download a PDF of Decision No. 1993-067–068:Newborn and Becker and Television New Zealand Ltd - 1993-067–068 PDF (1. 07 MB)...

Summary [This summary does not form part of the decision. ] An item on 3 News reporting on a shift in social networking choices by young people in the United Kingdom referred to ‘England’ in its introduction. The broadcaster upheld the complaint that this was inaccurate and apologised to the complainant. The Authority considered the broadcaster took sufficient action and that the broadcast did not breach the other standards nominated. Not Upheld: Accuracy (Action Taken), Fairness, Discrimination and Denigration Introduction [1] An item on 3 News reporting on a shift in social networking choices by young people in the United Kingdom, referred to ‘England’ in its introduction. The item was broadcast on 29 December 2013 on TV3....

Summary [This summary does not form part of the decision. ] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland and contained an interview with the Federated Farmers Vice President. The Authority did not uphold the complaint that the item presented an inaccurate and unbalanced picture of the policies proposed by the Labour Party and others, and was unfair. The item was presented from the perspective of the Federated Farmers spokesperson who offered his personal views based on his experience buying land in New Zealand. The item sufficiently acknowledged alternative views, it carried high public interest, and no one was treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness Introduction [1] Rural News reported on a number of political parties ‘vowing to crack down’ on foreign ownership of farmland....

Leigh Pearson 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. ]Talkback radio host Sean Plunket reacted to author Eleanor Catton's comments at a literary festival in India, which were negative about the New Zealand government. He was highly critical of Ms Catton, saying that she was a 'traitor' and an 'ungrateful hua' among other things. The Authority did not uphold complaints that Mr Plunket's comments breached broadcasting standards. The nature of Ms Catton's remarks was such that it was reasonable for them to attract some strong views in response. The host's comments were within the bounds of audience expectations of talkback radio and within the right to freedom of expression....