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Download a PDF of Decision No. 1993-123:Waters and Television New Zealand Ltd - 1993-123 PDF310. 68 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 3/95 Dated the 24th day of January 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JUDITH MACKENZIE of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

The Authority has upheld a complaint about two broadcasts on Humm FM, finding that the complainant was treated unfairly. The Authority found that comments made by the host during the broadcasts were likely to reflect negatively on the complainant and to impact on his personal and professional reputation. As the complainant was adversely affected, he should have been given an opportunity under the fairness standard to respond to the comments made about him. The Authority emphasised that the right to broadcast carries with it privileges and responsibilities, and in this case the host used his platform to air his personal grievances against the complainant without giving him an opportunity to comment, which was unfair....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about suburban brothels – showed hidden camera footage taken inside travel agency – reporter was shown asking teller about sending money back to China and “hiding the money” without any trace – teller agreed that she could do this – allegedly unbalanced, inaccurate, unfair and a breach of privacy FindingsStandard 3 (privacy) – companies have no right to privacy – teller had no interest in solitude or seclusion at place of employment – not upheld Standard 4 (balance) – subsumed under Standard 6 Standard 5 (accuracy) – item not misleading or inaccurate – hidden camera footage portrayed actual events – not upheld Standard 6 (fairness) – teller not treated unfairly – An Ying “referred to” but not identifiable, therefore broadcaster not required to give an opportunity to comment – use of hidden camera not unfair – not upheld This headnote does not form…...

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....

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item reported on high profile immigration case involving Chinese millionaire William Yan – disclosed Mr Yan’s address and showed footage of Mr Yan’s business assistant in the lobby of the apartment building where Mr Yan lived – allegedly in breach of privacy standard FindingsStandard 3 (privacy) – Mr Yan’s address was not disclosed for the purposes of encouraging harassment as envisaged by privacy principle 4 – no evidence that harassment resulted from the disclosure – apartment building lobby was accessible to the public so neither Mr Yan nor his business assistant had a reasonable expectation of privacy there – item did not breach the privacy of Mr Yan or his business assistant – not upheld This headnote does not form part of the decision....

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....

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...

Summary A short sequence in Havoc and Newsboy’s Sell-Out Tour showed the characters Mikey Havoc and Jeremy Wells (Newsboy) camping on Great Barrier Island. The item was broadcast on TV2 on 20 July 1999 at 10. 00pm. Robin Court complained to Television New Zealand Ltd, the broadcaster, that the programme showed and "advocated" camping and related activities on and around property owned by the Onekokoru Trust. He said that some of the activities breached or could breach by-laws, and that the "unauthorised use" of Trust property was offensive and deeply disturbing to members of the Trust. TVNZ responded that the land it showed was not identifiable as Trust property. Accordingly, it said that the programme did not advocate anything about the merits of Trust property as a camping place....

Complaint under section 8(1A) of the Broadcasting Act 1989Te Karere – reported that the manager of a community marae in Waitakere had been accused of stealing $250,000 and had since been asked to leave her job – item named the former manager and contained footage of her at Auckland’s SKYCITY Casino – allegedly in breach of privacy FindingsStandard 3 (privacy) – allegations and investigation were not private facts – phone numbers were not broadcast in the item – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Te Karere, broadcast on TV One at 4pm on Thursday 18 February 2010, reported that the manager of a community marae in Waitakere had been accused of stealing $250,000 and had since been asked to leave her job....

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....

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

SummaryIn the context of a discussion about driving habits on Newstalk ZB on the morning of 14 January 1999, the show’s host described how that morning he was passed at speed by a car which then crossed all three lanes to exit from the motorway. He identified the car by its personalised license plate, saying it was lucky there was not much traffic on the road as that sort of driving contributed to disaster on the roads. R, owner of the car, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast was abusive and an invasion of his privacy. He denied that he had been driving dangerously, and pointed out that the alleged incident occurred at about 6. 15am when no other vehicles were in sight....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....

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....

ComplaintMotorway Patrol and promo – incident involving the complainants’ vehicle – complainants identifiable – breach of privacy – unfair – encouraged discrimination FindingsStandards 3 – privacy – no uphold Standard 6, Guideline 6b – not unfair to inadvertent participants who do not consent as events of public interest occurred in public place – no uphold, Guideline 6f – humiliation self-inflicted – no uphold, Guideline 6g – neither discrimination or denigration encouraged – no uphold This headnote does not form part of the decision. Summary [1] The loss of a trampoline off the roof of a vehicle as it drove across the Auckland Harbour Bridge was the incident dealt with in a promo for, and in the first segment of, Motorway Patrol broadcast on TV2 at 7. 30pm on 11 April 2002. Motorway Patrol is a reality series which records the work of police patrols on the Auckland motorways....

Summary The re-capture of escaped prisoner Jeffrey Michael Bullock was dealt with in an item on One Network News broadcast at 6. 00pm on 14 June 1999. Mr Bullock, a convicted murderer, was re-captured after six years on the run, and the item included an interview with his father and ten year-old son. JJ, the mother of the ten year-old boy, complained directly to the Broadcasting Standards Authority under s. 4(1)(c) of the Broadcasting Act 1989, that the broadcast had breached her son’s privacy. She had not given her consent to the interview, she said, and she advised that she would have objected strongly had she been asked. She described TVNZ’s actions as inexcusable. Pointing out that the boy had been visiting his grandfather, and that both the grandfather and the boy had consented fully to the interview, TVNZ did not consider that the broadcast breached the boy’s privacy....