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Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – interview with motorbike stuntman at the Western Springs Speedway – showed footage of two men operating leaf blowers outside the speedway – allegedly in breach of privacyFindingsStandard 3 (privacy) – broadcast did not disclose that complainant was completing a community work sentence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 11 October 2006, included an interview with one of the “Crusty Demons” – a motorbike stunt team which was visiting New Zealand. The item was filmed mostly at the Western Springs Speedway. At the conclusion of the segment, footage of two men operating leaf blowers in a surrounding area of the speedway was shown....

Summary [This summary does not form part of the decision. ]An episode of Seven Sharp reported on alleged ‘cat killers’ in Raglan. The Authority did not uphold the complaint that the item breached the privacy of the child of the alleged cat killers. The accused were not named, shown, or otherwise identified in the item, so no individual, and specifically the child, could be linked to them, meaning the child was not ‘identifiable’ for the purposes of the privacy standard. Not Upheld: Privacy Introduction[1] An episode of Seven Sharp reported on alleged ‘cat killers’ in Raglan after 30 cats went missing in past the year. A reporter travelled to Raglan and interviewed a local filmmaker who recently released a short documentary that aimed ‘to find out why it was happening and who was behind it’....

The Authority has not upheld a complaint about a broadcast of Punjabi talkback programme, Dasam Granth Da Sach, in which the hosts identified the complainant and broadcast audio clips of him speaking about various religious topics. While the complainant was clearly identified, the Authority found no private information or material was disclosed during the broadcast over which the complainant had a reasonable expectation of privacy. The information disclosed during the broadcast was available in the public domain, and in these circumstances, the Authority found that its intervention in upholding the complaint would represent an unreasonable and unjustified limit on the right to freedom of expression....

The Authority has not upheld a complaint that a discussion on Callum & P breached the privacy of a person interviewed on-air by disclosing their COVID-19 vaccination status. The Authority found the interviewee was a willing participant in the disclosure of her vaccination status. On this basis the broadcast did not breach the privacy standard. Not Upheld: Privacy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-007 Dated the 13th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J and J McDONAGH of Masterton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary The situation faced by the original owners of some pensioner flats in Kaiapoi was addressed in an item on Fair Go broadcast at 7. 30pm on TV One on 12 May 1999. The item reported that when the owners featured on the programme had purchased their flat in the mid-seventies from the local authority, they had agreed to sell it back to the Council for the same price when they left. The item disclosed that the original prices were between $13,000 and $17,000, and the properties were now worth between $65,000 and $75,000. The ethics of the Waimakariri District Council in enforcing the agreement were questioned, and it was suggested to viewers that they write to the Council expressing their opposition to the policy....

Summary Footage of a man confessing, in a police interview room, to having murdered his daughter was included in a 60 Minutes item broadcast on TV One on 3 October 1999, beginning at 7. 30pm. The man subsequently killed himself. The Hope family, who are related to the man and his daughter, complained to the Broadcasting Standards Authority that the broadcast was an invasion of their privacy and had caused "an immense amount of distress and heartache" for the family. Their major concern, they wrote, was how the broadcaster had managed to obtain the tape of the confession when that was the property of the police....

Complaint under section 8(1)(c) of the Broadcasting Act 198960 Minutes – interviewed Phyllis Tarawhiti who had been recently released from a prison in Thailand – included footage of family and friends at her 50th birthday party – item also included a photo of a family portrait – allegedly in breach of privacyFindings Standard 3 (privacy) – broadcasting footage from birthday party disclosed private facts – disclosure not highly offensive – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 2 April 2007, interviewed Phyllis Tarawhiti, a woman who had recently been released from prison in Thailand and who had returned home to New Zealand....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintJason Lewis complained that an episode of Coastwatch breached his privacy and was unfair. The item showed him being issued with a $250 fine for having five undersized paua in his catch, two years after he was filmed. The complainant said he had not known he was being filmed for television, and that showing the incident two years after it happened was unfair, particularly as the fine had been waived a week after it was issued. The Broadcaster's ResponseTVNZ said the programme had not broadcast any private facts about the complainant, who had been filmed in a public place. Although his fine was subsequently rescinded, the fact remained that he had been caught in possession of undersized paua, and this was still on his record at the Ministry of Fisheries....

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

The Authority has upheld part of a complaint about satirical comedy series, James Must-a-pic His Mum a Man, finding it was unfair to the complainant, James Mustapic’s father, and action taken by the broadcaster (having upheld two aspects of the fairness complaint) was not sufficient to remedy potential harm to the complainant. Comments were made throughout the series which the Authority found created a negative impression of James’ father and had the potential to adversely affect him and his reputation – meaning the broadcaster should, in the interests of fairness, have informed him of the nature of the programme and his participation prior to broadcast....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera footage of electricians in Target house – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – complainant was identifiable – complainant had interest in seclusion in Target house – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – complainant did not give his informed consent to the broadcast – insufficient public interest in footage to justify the breach of privacy – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Target, a consumer affairs programme, featured hidden camera footage of employees from three different electrical companies who were called into the Target house to install a heated towel rail and change a light fitting. The companies were each given a score out of ten for their employees’ performance....

Summary [This summary does not form part of the decision. ] An item on Campbell Live, reporting on Pike River Mine, included radio transmission audio between those in the mine and those in the office on the morning of the disaster. The audio contained the complainant’s full name which he considered to be a breach of his privacy. The Authority did not uphold the complaint, as Mr Scott’s employment at the mine was not a private fact, and the disclosure of his name was not associated with any blame or disclosed for the purpose of encouraging harassment. Not Upheld: Privacy Introduction [1] An item on Campbell Live, reporting on Pike River Mine, included radio transmission audio between those in the mine and those in the office on the morning of the disaster....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 60/94 Dated the 1st day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRAHAM and JENNY JACOBSEN of Putaruru Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-170 Decision No: 1966-171 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ANNE BAKER (2) of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryAn item on Holmes examined "Operation Youthcare", a police and community initiative dealing with some problems arising from children and young people frequenting the city centre of Nelson at night. Part of the filming took place in the police station where a number of young people were being held or questioned. It was reported that, in some cases, their parents were summoned to the station. The item was broadcast on TV One on 10 June 1999, commencing at 7. 00pm. G complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his and his daughter’s privacy were breached by the filming. Both he and his daughter were identifiable, he wrote. He also complained that the broadcast of the details of a private conversation between his daughter and a police officer breached her privacy....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary New Zealand: Life on the Street – profiled several homeless people in Christchurch – included a man who had been murdered shortly after participating in the programme – allegedly breached the privacy of his family and was unfair to him and his familyFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 6 (fairness) – accurate portrayal of homeless man – not unfair – complainant and his family not taking part or referred to – not upheldThis headnote does not form part of the decision. Broadcast [1] Documentary New Zealand:Life on the Street was broadcast on TV One at 8. 35pm on 21 February 2005. The documentary profiled several homeless people in Christchurch, including a man named Shannon who had been murdered shortly after taking part in the programme....

ComplaintOne News – item concerning Prime Minister’s announcement not to attend at Waitangi for services – included archival footage of Prime Minister upset at previous Waitangi Day service – tasteless – unfair FindingsStandard 1 – historical significance – contextual relevance – no uphold Standard 6 – not unfair to Prime Minister – no uphold This headnote does not form part of the decision Summary [1] An item on One News broadcast on TV One at 6. 00pm on 3 February 2003 concerned the Prime Minister’s announcement that she would not attend services at Waitangi on Waitangi Day. The item included archival footage of the Prime Minister crying at a previous Waitangi Day celebration. [2] Mr Penrice complained to Television New Zealand Ltd, the broadcaster, that the item should not have included this historical footage of the Prime Minister....

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....