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Decisions
Zohs and and CanWest TVWorks Ltd - 2004-112
2004-112

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about young Sri Lankan woman who had been deported – release of woman’s lawyer’s letter when lawyer was criticised by Minister of Immigration – allegedly unbalanced, inaccurate, unfair to lawyer and failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order) – no principles of law involved – not upheld Standard 4 (balance) – lawyer not given opportunity to respond to Minister’s criticism – upheld Standard 5 (accuracy) – misleading as to source of letter – upheld Standard 6 (fairness) – unfair to lawyer – upheldOrder Broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] Recent developments in the case of a young Sri Lankan woman who had been deported were covered in an item broadcast on 3 News on TV3 beginning at 6....

Decisions
Edgewell Personal Care and Television New Zealand Ltd - 2021-077 (15 September 2021)
2021-077

The Authority has not upheld a complaint that an item on Fair Go breached the accuracy and fairness standards. The item investigated a mother’s concerns following her son getting severe sunburn despite applying Banana Boat SPF50 sunscreen, and more broadly how sunscreens are tested under New Zealand regulations, and whether the public should be able to rely on claims on sunscreen labels. The Authority found the mother’s comments were clearly her opinion, to which the accuracy standard did not apply, and the programme was not otherwise inaccurate or misleading. The programme did not allege Banana Boat sunscreen does not work, nor that it does not comply with regulatory requirements. The complainant, as the company responsible for Banana Boat, was given a fair and reasonable opportunity to comment in response to issues raised in the story and its response was fairly presented. Not Upheld: Accuracy, Fairness...

Decisions
Parlane and Radio New Zealand Ltd - 2019-075 (4 February 2020)
2019-075

The Authority declined to determine a complaint regarding a news item covering the expansion of a sexual violence court pilot. The complainant submitted that the victim advocate interviewed in the item should not have been interviewed and should not have been referred to as a rape survivor. The Authority concluded that, in all the circumstances of the complaint, it should not be determined by the Authority. The Authority found the concerns raised in the complaint are matters of editorial discretion and personal preference rather than broadcasting standards, and are therefore not capable of being determined by the broadcasting standards complaints procedure. Declined to determine: Good Taste and Decency, Programme Information, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
Carter and MediaWorks TV Ltd - 2016-008 (12 May 2016)
2016-008

Summary[This summary does not form part of the decision. ]An item on Story reported that Auckland purchasers of homes near areas of cultural significance for Māori may need to get consent from iwi before undertaking any structural building work, as part of the Auckland Unitary Plan. As an example of one of the areas of cultural significance, the presenter reported from an empty field, saying, ‘So this is what an area of cultural significance looks like. This is called a midden. . . it’s pretty much a rubbish dump. We looked it up – “midden” is an old Danish word for “domestic rubbish dump”’. The Authority did not uphold a complaint alleging that the item discriminated against and/or denigrated Māori and was unfair....

Decisions
Casino Control Authority and Radio New Zealand Ltd - 1994-042
1994-042

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 42/94 Dated the 23rd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CASINO CONTROL AUTHORITY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Pietersma and Television New Zealand Ltd - 1997-079
1997-079

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-079 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TRINA PIETERSMA of Taupo Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Turangi/Tongariro Community Board and Television New Zealand Ltd - 2006-108
2006-108

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – reported public criticism of Taupo District Council’s apparent inaction in Turangi over the state of a swimming pool, sports ground facilities, and footpaths – interviewed chairman of the Taupo/Tongariro Community Board – allegedly in breach of standards relating to the maintenance of law and order, balance, fairness and accuracy FindingsStandard 2 (law and order) – no disrespect for principles of law shown– not upheld Standard 4 (balance) – state of council facilities was controversial issue of public importance and reasonable opportunity given to respond to criticisms – not upheld Standard 5 (accuracy) – criticisms advanced by named residents – not upheld Standard 6 (fairness) – Mr Ormsby given opportunity to reply to criticisms of specific facilities – Turangi described fairly – opportunity for residents to participate in setting priorities for expenditure of rates explained – not upheld This headnote does not form part of…...

Decisions
Benson-Pope and Radio New Zealand Ltd - 2005-083
2005-083

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – broadcast of anonymous interviewee’s allegations that the Hon David Benson-Pope was guilty of bullying students at Bayfield High School – allegedly unbalanced, inaccurate and unfairFindingsPrinciple 5 (fairness) – broadcasting allegations by anonymous interviewee unfair – RNZ did not verify interviewee’s credibility to a high standard before granting anonymity – did not undertake sufficient independent investigations into interviewee’s story – upheld Principle 4 (balance) – controversial issue whether Mr Benson-Pope bullied students during his time as a teacher – RNZ made reasonable efforts to present significant perspectives within period of current interest – not upheld Principle 6 (accuracy) – one aspect subsumed under Principle 5 – decline to determine whether allegations were accurate – describing a caning as a “beating” not inaccurate – not upheldOrdersSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant $5,000…...

Decisions
Institute of Environmental Science & Research Ltd and CanWest TVWorks Ltd - 2007-015
2007-015

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders....

Decisions
Barker and Television New Zealand Ltd - 1999-012
1999-012

SummaryPreparations were proceeding for an early election in April 1999, according to the promo for news items broadcast on TV One at about 9. 30pm on 19 November 1998. In the item on Tonight it was reported that preparations were under way for the possibility of an early election. Mrs Barker complained to Television New Zealand Ltd, the broadcaster, that the promo was an inaccurate summary of the item to follow, as it failed to clarify that the preparations were being made only on the basis that there was a possibility of an early election. She argued that the promo was inaccurate, unreliable and a distortion of the item which followed. TVNZ responded that both the promo and the item were accurate in reporting that in the Electoral Office, planning was under way for an early election....

Decisions
Taranaki Regional Council and Radio New Zealand Ltd - 2014-013
2014-013

*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. ]Morning Report looked at the Taranaki Regional Council’s ‘landfarming’ policy and contained an interview with a Council representative. The Authority did not uphold the complaint that the broadcast was misleading, unfair and unbalanced. The report was an accurate and fair reflection of what the representative told the reporter in the interview, and it is legitimate and important in our free and democratic society to challenge and criticise public bodies on matters of strong public interest. Not Upheld: Accuracy, Fairness, Controversial IssuesIntroduction[1] An item on Morning Report reported on the Taranaki Regional Council’s (TRC) ‘landfarming’ policy. The reporter interviewed TRC’s Director of Environment Quality, Gary Bedford, and his comments formed the basis of the story....

Decisions
Kiernander and Television New Zealand Ltd - 2011-099
2011-099

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item reported on saving fuel costs – contained a number statements about hybrid cars, including the following comment which referred to the Toyota Prius, “The bottom line is that the British Consumer’s Institute just did a comparison between a diesel car and a hybrid car and found that the diesel car was in fact more efficient....

Decisions
Hydrabadi and Radio Tarana (NZ) Ltd - 2003-128
2003-128

ComplaintRadio Tarana – Saheri Programme – comments made about presenter of another programme broadcast by Radio Tarana – Aaj Juma Hai – comments unfair and derogatory FindingsPrinciple 5 – no tape available – decline to determine Principle 7 – no tape available – decline to determine This headnote does not form part of the decision. Summary [1] A difference in religious observance as to whether, after a Muslim person dies, dates and times needed to be fixed for making supplications was aired on programmes broadcast on Radio Tarana in November 2002. On the Saheri programme, a Muslim priest stated that dates and times did not need to be fixed. The contrary view was advanced on the Aaj Juma Hai programme broadcast on 15 November, sponsored by the New Zealand Milad Committee and presented by Mr Mujeeb Sayed Hydrabadi....

Decisions
Kirby and Radio New Zealand Ltd - 2013-042
2013-042

Summary [This summary does not form part of the decision. ]A Nine to Noon host interviewed Carmel Fisher, the founder and managing director of Fisher Funds Management Ltd, about her background and attitudes to business. At the end of the interview, she asked her about recent court action over a family will. A majority of the Authority upheld the complaint that a comment made by Ms Fisher about her role in the proceedings was inaccurate. The Authority unanimously declined to uphold the complaint that the programme was unfair. The Authority did not make any order. Upheld by Majority: AccuracyNot Upheld: FairnessNo OrderIntroduction[1] On 14 March 2013 on Radio New Zealand National Nine to Noon, the host interviewed Carmel Fisher. Ms Fisher is the founder and managing director of Fisher Funds Management Ltd....

Decisions
Waterworth and Wickham and RadioWorks Ltd - 2012-033
2012-033

Complaints under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Robert and Jono’s Drive Show – Valentine’s Day “Win a Divorce” promotion – broadcast was sabotaged by participants – allegedly in breach of good taste and decency, privacy, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 6 (fairness), Standard 8 (responsible programming) – concept of the promotion was not reflected in the broadcast – not upheldThis headnote does not form part of the decision. Introduction[1] The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast during Robert and Jono’s Drive Show on the afternoon of 14 February 2012. The hosts rang a second participant on the instructions of the first, her partner, who allegedly wanted a divorce....

Decisions
Tan and Television New Zealand Ltd - 2013-027
2013-027

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

Decisions
Mahon and Wolf and Television New Zealand Ltd - 2010-126
2010-126

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Decisions
Powell and Television New Zealand Ltd - 2002-153
2002-153

ComplaintOne News – item reported Government to pay defence bill for depositions hearing of private prosecution of police officer charged with murder – featured as unusual event whereas complainant claimed that it was standard practice – not consistent with legal principles – unbalanced – inaccurate – unfair FindingsStandards 2, 4, 5, and 6 – news selection issue – not broadcasting standards matter – no uphold This headnote does not form part of the decision. Summary [1] The Government’s decision to pay the defence costs at the depositions hearing of the private prosecution of Constable Abbott for the murder of Stephen Wallace was reported as a "bolt from the blue" in an item on One News on Saturday 15 June 2002. One News is broadcast daily on TV One between 6. 00–7. 00pm....

Decisions
Wilson and Sky Network Television Ltd - 2022-007 (2 March 2022)
2022-007

The Authority has not upheld a complaint alleging the comment ‘Australia mugs the Black Caps’ breached the fairness, discrimination and denigration, and balance standards. The comment was typical of sports commentary and was not unfair to the Australian cricket team. As it was directed at the Australian cricket team, rather than a particular section of the community, the discrimination and denigration standard did not apply. The balance standard also did not apply. Not Upheld: Fairness, Discrimination and Denigration, Balance...

Decisions
Phease and Mitchell and TV3 Network Services Ltd - 1997-140–143
1997-140–143

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-140 Decision No: 1997-141 Decision No: 1997-142 Decision No: 1997-143 Dated the 13th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LYNN PHEASE of Putaruru and MARGARET MITCHELL of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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