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Summary[This summary does not form part of the decision. ]An episode of Water Patrol, a reality TV series following the work of the Maritime Police, showed footage of the complainant, PG, in his boat in the Marlborough Sounds. The police vessel approached him from behind and asked him to stop his motor. The complainant was caught off-guard, apparently not wearing any pants. As he stood up to engage with the police, the fact he was wrapping a towel around his waist was highlighted and the police officer turned to the camera and commented, with a smile on his face, 'very unusual'....

The Authority has reconsidered and not upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb, following TVNZ appealing the Authority’s original decision to the High Court. The item featured an interview with a resident reported as being ‘too scared to be identified’. The Authority originally found she was identifiable and the High Court dismissed the appeal on that point but directed the Authority to reconsider the remaining issues in light of new affidavit evidence filed by TVNZ in the appeal. Having reconsidered the matter, the Authority remained of the view the disclosure of the woman’s identity in the circumstances would be highly offensive to an objective reasonable person. However, based on the affidavit evidence the Authority found the defence of informed consent was available to the broadcaster. Not Upheld: Privacy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/94 Decision No: 35/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHN EARNSHAW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Summary Pictures of a crashed, burning light aeroplane, the only one of its kind in New Zealand, were shown on One Network News on 28 August 1998 beginning at 6. 00pm. It was reported that two people had been killed in the accident. W complained to Television New Zealand Ltd, the broadcaster, that the broadcast constituted a breach of privacy and good taste. She pointed out that as the widow of one of those killed, she had not at that stage been informed of the accident. She complained that in its haste to get the item to air, TVNZ had omitted to consider the feelings of the widows and families of the two men killed. She contended that it must have known that there had not been sufficient time to inform the families....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – police interviewed a man with cerebral palsy, Bradley, who was the victim of an alleged assault and robbery – police detective allegedly told Bradley that the filming was for Police Ten 7 but no further explanation was given – made comments that questioned the veracity of Bradley’s story and showed footage of his high-heeled shoes – allegedly in breach of standards relating to privacy, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – Bradley was not fully informed of the nature of the programme and his participation and there was insufficient public interest to justify the broadcast of the footage (guideline 6c) – Bradley treated unfairly – upheld Standard 3 (privacy) – Bradley was identifiable but no private facts were disclosed and filming was in a public place – Bradley was not particularly vulnerable – not upheld Standard…...

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – item looked at “cheap lunches for kids” as part of series on child poverty – reporter interviewed children on their way to school and asked them what they had for breakfast and lunch – children were obscured by traffic, and had their faces and in some cases their clothing pixellated – footage allegedly in breach of children’s privacy FindingsStandard 3 (privacy) – children were not identifiable and so footage did not breach their privacy – not upheld This headnote does not form part of the decision. Introduction [1] An item on Campbell Live was introduced as follows: Amongst the thousands of responses we have had to our series on child poverty, perhaps the question most often asked is, “What are the parents doing?...

Summary[This summary does not form part of the decision. ]An item on ONE News discussed further charges laid against a man accused of a double shooting in South Auckland. During the item, images of the crime scene were shown, including footage of blood on a pavement. The Authority did not uphold a complaint alleging that the footage of blood breached the privacy of those involved (ie, the surviving victim and the victims’ relatives or friends), and that the footage would have disturbed young viewers. No individuals were identified during the broadcast, including the surviving victim or either of the victims’ relatives or friends. In addition, the image of blood was brief and was not graphic or explicit, and viewers could reasonably expect that a news broadcast reporting on a double shooting might contain some footage relating to the crime....

 The Authority has not upheld a complaint about a 1 News segment that discussed allegations and criticisms about the operations of the Tongan Health Society. The segment featured interviews with former employees and Board members who criticised the management of the Society, its CEO Dr Glenn Doherty, and called for an independent review of the Society. The Authority found that the requirements of the fairness and balance standards were met as TVNZ had taken reasonable steps to seek, and then adequately presented, the Society’s point of view on the issues raised in the programme. The Authority found the disclosure of the CEO’s request for a bonus and extracts from correspondence between the CEO and Board relating to this amounted to a breach of privacy, but determined that the defence of public interest applied on this occasion. Not Upheld: Balance Fairness, Accuracy, Privacy...

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[This summary does not form part of the decision. ]An episode of Neighbours at War featured a dispute between a group of neighbours over a right of way. Two sets of neighbours alleged that their neighbours, a couple (Mr and Mrs X), had been threatening and harassing them. The Authority upheld aspects of a complaint from Mr and Mrs X that the episode was unfair and breached their privacy. The Authority also determined that the broadcaster did not take sufficient action having upheld one aspect of the complainants’ original fairness complaint. The programme contained potentially damaging allegations against the complainants and did not present their side of the story....

Summary[This summary does not form part of the decision. ]An episode of Shortland Street featured a storyline about the developing relationship of a young same-sex couple, and included several scenes of the two kissing, including shots of them from the waist up in bed together. The Authority did not uphold a complaint that these scenes breached the good taste and decency and children’s interests standards. The Authority acknowledged there is value in programmes such as Shortland Street, which provides entertainment and reflects contemporary society and evolving social issues and attitudes. Shortland Street is a PGR-classified medical drama series that has screened in the 7pm timeband for many years. It is well known for featuring adult themes. In that context the level of sexual content did not threaten current norms of good taste and decency, nor would be likely to adversely affect any child viewers....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from seven members of the public about an episode of Sunday, which investigated gay conversion therapy and whether this practice was happening in New Zealand. Three individuals were filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon the three individuals’ interest in seclusion. All three individuals were discussing a sensitive matter and could not have reasonably expected their one on-one conversation to be recorded in its entirety and broadcast. The Authority found that on its face the broadcast breached the privacy of these individuals....

During a broadcast of Mike Hosking Breakfast, Hosking discussed his predictions for the upcoming Hamilton West by-election, commenting that Dr Gaurav Sharma would be the ‘biggest loser’ and stating he was a ‘nobody. ’ Later in the programme, Hosking discussed the Broadcasting Standards Authority’s (our) recently released annual report, commenting the BSA is ‘a complete and utter waste of time. ’ The complainant alleged these comments breached multiple broadcasting standards. In the context of the broadcast, the Authority found Hosking’s comments were not likely to cause widespread disproportionate offence or distress, and did not result in any unfairness to Dr Sharma or the BSA. The discrimination and denigration, balance, accuracy and privacy standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Dog Squad – Dog Squad carried out routine checks of vehicles entering prison grounds – searched complainant’s car and stated that “there was something in the car, or drugs had been used in the car” and “We are going to confiscate that, okay? ” – allegedly in breach of privacy Findings Standard 3 (privacy) – complainant identifiable – footage disclosed private facts – disclosure highly offensive – upheld Order Section 13(1)(d) – $750 compensation to complainant for breach of privacy This headnote does not form part of the decision.  ...

Complaint under section 8(1A) of the Broadcasting Act 1989Sunday – item showed brief footage of a stolen car, including its number plate – allegedly in breach of privacy standardFindingsStandard 3 (privacy) – complainant and her husband were not identifiable through the footage of their car and number plate – no private facts were disclosed about the complainant or her husband that would be considered highly offensive to an objective reasonable person – item focused on the offender and how his background may have contributed to his offending – not upheld This headnote does not form part of the decision. Introduction [1] An item on Sunday profiled a young man who was a recidivist car thief and contained interviews with the man and with his family members about his background....

Summary[This summary does not form part of the decision. ]A 1 News item reported on an incident involving All Black Aaron Smith. Two witnesses claimed that while on official All Black business, Mr Smith used a disabled toilet in Christchurch Airport for a ‘sexual encounter’ with a woman who was not his partner. The item briefly showed a photo of Mr Smith and his partner. The Authority did not uphold a complaint that the item breached Mr Smith’s partner’s privacy. Information about her identity and her relationship to Mr Smith was publicly known and had already been the subject of widespread media coverage in relation to the incident prior to the broadcast. This was therefore not information over which she had a reasonable expectation of privacy. The 1 News item also disclosed less information about Mr Smith’s partner than other media outlets had already disclosed....

Diane Musgrave declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1)(c) of the Broadcasting Act 1989Skin Doctors – footage of woman undergoing breast augmentation surgery and her consultations with her plastic surgeon – allegedly in breach of privacy Findings Standard 3 (privacy) – programme disclosed private facts about complainant – disclosure highly offensive – complainant did not give informed consent – no public interest – upheld Orders Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $5,000 Section 16(1) – payment of costs to the complainant $10,000 Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....